By Pitts H.B. No. 1214
77R779 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain occupations by, and other
1-3 powers and duties of, the Texas Department of Licensing and
1-4 Regulation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 14(a)-(c), Article 9034, Revised
1-7 Statutes, as added by Chapter 1559, Acts of the 76th Legislature,
1-8 Regular Session, 1999, are amended to read as follows:
1-9 (a) On a finding that a ground for disciplinary action
1-10 exists under one or more provisions of this article, the commission
1-11 [commissioner] may impose appropriate administrative sanctions,
1-12 including an administrative penalty as provided by Subchapter F,
1-13 Chapter 51, Occupations Code [Article 9100, Revised Statutes]. An
1-14 administrative penalty imposed under this section may not exceed
1-15 $500 per violation or $10,000 in the aggregate for all violations
1-16 of a similar nature.
1-17 (b) A disciplinary action taken under this article is
1-18 subject to Sections 51.305, 51.310, and 51.354, Occupations Code
1-19 [Section 17(d), Article 9100, Revised Statutes].
1-20 (c) The department [commissioner] may bring an action for
1-21 injunctive proceedings under Section 51.352, Occupations Code [18,
1-22 Article 9100, Revised Statutes], for a threatened or existing
1-23 violation of this article or [the commissioner's] orders or rules
1-24 adopted under this article and may also bring an action for civil
2-1 penalties as provided by that section. A civil penalty assessed
2-2 under this subsection may not exceed $2,500 per violation or
2-3 $50,000 in the aggregate for all violations of a similar nature.
2-4 SECTION 2. Section 5(h), Article 9102, Revised Statutes, is
2-5 amended to read as follows:
2-6 (h) The commission may also impose an administrative penalty
2-7 under Subchapter F, Chapter 51, Occupations Code [Article 9100,
2-8 Revised Statutes], on a building owner for a violation of this
2-9 article or a rule adopted under this article. Each day that the
2-10 violation is not corrected constitutes a separate violation. [When
2-11 the commission considers imposing an administrative penalty under
2-12 this section, the commission shall first notify a person
2-13 responsible for the building and allow that person 90 days to bring
2-14 the building into compliance. The commission shall have the
2-15 authority to extend the 90-day period when circumstances justify
2-16 such extension.]
2-17 SECTION 3. Section 6, Article 9102, Revised Statutes, is
2-18 amended to read as follows:
2-19 Sec. 6. FEES. The commission shall set and charge, in
2-20 accordance with Section 51.202, Occupations Code [Article 9100,
2-21 Revised Statutes], fees for performing its functions under this
2-22 article. [The fees shall be paid by the owner of a building when
2-23 the department performs a function related to the building under
2-24 this article. The fees must include a fee for:]
2-25 [(1) reviewing the plans or specifications of a
2-26 building;]
2-27 [(2) inspecting a building; and]
3-1 [(3) processing a request to waive or modify
3-2 accessibility standards for a building.]
3-3 SECTION 4. Section 755.030(a), Health and Safety Code, is
3-4 amended to read as follows:
3-5 (a) In addition to the fees described by Section 51.202,
3-6 Occupations Code [12(f), Article 9100, Revised Statutes], the
3-7 commission may authorize the collection of fees for:
3-8 (1) boiler inspections, including fees for special
3-9 inspections; and
3-10 (2) other activities administered by the boiler
3-11 inspection section and authorized by rule of the executive director
3-12 of the department [commissioner].
3-13 SECTION 5. Section 92.003, Labor Code, is amended to read as
3-14 follows:
3-15 Sec. 92.003. AGENCY POWERS AND DUTIES. The department[,
3-16 commissioner,] and commission shall exercise the regulatory,
3-17 administrative, and licensing authority granted under this chapter
3-18 as provided by Chapter 51, Occupations Code [Article 9100, Revised
3-19 Statutes].
3-20 SECTION 6. Section 51.001, Occupations Code, is amended to
3-21 read as follows:
3-22 Sec. 51.001. DEFINITIONS. In this chapter:
3-23 (1) "Commission" means the Texas Commission of
3-24 Licensing and Regulation.
3-25 (2) ["Commissioner" means the commissioner of
3-26 licensing and regulation.]
3-27 [(3)] "Department" means the Texas Department of
4-1 Licensing and Regulation.
4-2 (3) "License" means a license, certificate,
4-3 registration, title, or permit issued by the department.
4-4 (4) "License holder" means a person who holds a
4-5 license issued by the department.
4-6 (5) "Respondent" means a person, regardless of whether
4-7 the person is a license holder, who is charged with violating a law
4-8 establishing a regulatory program administered by the department or
4-9 a rule adopted or order issued by the commission or executive
4-10 director.
4-11 (6) "Sanction" means an action by the executive
4-12 director against a license holder or another person, including the
4-13 denial, suspension, or revocation of a license, the reprimand of a
4-14 license holder, or the placement of a license holder on probation.
4-15 SECTION 7. Section 51.051(b), Occupations Code, is amended
4-16 to read as follows:
4-17 (b) The department is governed by the commission [and the
4-18 commissioner].
4-19 SECTION 8. Section 51.053, Occupations Code, is amended by
4-20 amending Subsection (b) and adding Subsection (c) to read as
4-21 follows:
4-22 (b) A person is not eligible for appointment as a member of
4-23 the commission if the person or the person's spouse:
4-24 (1) is regulated [registered, certified, or licensed]
4-25 by the department;
4-26 (2) is employed by or participates in the management
4-27 of a business entity or other organization regulated by or
5-1 receiving funds from the department;
5-2 (3) owns or controls, directly or indirectly, more
5-3 than a 10 percent interest in a business entity or other
5-4 organization regulated by or receiving funds from the department;
5-5 [or]
5-6 (4) uses or receives a substantial amount of tangible
5-7 goods, services, or funds from the department, other than
5-8 compensation or reimbursement authorized by law for commission
5-9 membership, attendance, or expenses;
5-10 (5) is an officer, employee, or paid consultant of a
5-11 trade association in a field regulated by the department;
5-12 (6) is an employee of the department; or
5-13 (7) is required to register as a lobbyist under
5-14 Chapter 305, Government Code, because of the person's activities
5-15 for compensation on behalf of a profession related to the operation
5-16 of the commission or department.
5-17 (c) In this section, "trade association" means a nonprofit,
5-18 cooperative, and voluntarily joined association of business or
5-19 professional competitors in this state designed to assist its
5-20 members and its industry or profession in dealing with mutual
5-21 business or professional problems and in promoting their common
5-22 interest.
5-23 SECTION 9. Section 51.056(b), Occupations Code, is amended
5-24 to read as follows:
5-25 (b) The presiding officer may vote on all matters before the
5-26 commission as provided by Robert's Rules of Order.
5-27 SECTION 10. Sections 51.057(a) and (c), Occupations Code,
6-1 are amended to read as follows:
6-2 (a) It is a ground for removal from the commission that a
6-3 member:
6-4 (1) does not have at the time of appointment the
6-5 qualifications required for appointment to the commission;
6-6 (2) does not maintain during service on the commission
6-7 the qualifications required for appointment to the commission;
6-8 (3) violates a prohibition established by Section
6-9 51.053 [51.054]; or
6-10 (4) [cannot, because of illness or disability,
6-11 discharge the member's duties for a substantial part of the
6-12 member's term; or]
6-13 [(5)] is absent from more than half of the regularly
6-14 scheduled commission meetings that the member is eligible to attend
6-15 during a calendar year unless the absence is excused by majority
6-16 vote of the commission.
6-17 (c) If a commission member or the executive director
6-18 [commissioner] has knowledge that a potential ground for removal
6-19 exists, the member or executive director [commissioner] shall
6-20 notify the presiding officer of the commission of the ground. The
6-21 presiding officer shall then notify the governor that a potential
6-22 ground for removal exists.
6-23 SECTION 11. Section 51.059(a), Occupations Code, is amended
6-24 to read as follows:
6-25 (a) The commission shall meet at least once in each quarter
6-26 of the fiscal [calendar] year.
6-27 SECTION 12. The heading to Subchapter C, Chapter 51,
7-1 Occupations Code, is amended to read as follows:
7-2 SUBCHAPTER C. EXECUTIVE DIRECTOR [COMMISSIONER]
7-3 AND OTHER DEPARTMENT PERSONNEL
7-4 SECTION 13. Section 51.101, Occupations Code, is amended to
7-5 read as follows:
7-6 Sec. 51.101. EXECUTIVE DIRECTOR [COMMISSIONER]. The
7-7 commission shall appoint the [commissioner who serves as] executive
7-8 director of the department. The executive director serves at the
7-9 will of the commission.
7-10 SECTION 14. Section 51.103, Occupations Code, is amended to
7-11 read as follows:
7-12 Sec. 51.103. EXECUTIVE DIRECTOR [COMMISSIONER] POWERS AND
7-13 DUTIES. (a) The executive director [commissioner] shall:
7-14 (1) perform any duties assigned by the commission and
7-15 other duties [or] specified by law;
7-16 (2) administer and enforce the department's programs;
7-17 and
7-18 (3) issue licenses[, registrations, certificates, and
7-19 permits] authorized by the laws establishing programs regulated by
7-20 the department [department's programs and prescribe necessary
7-21 forms].
7-22 (b) The executive director may delegate any power or duty
7-23 assigned to the executive director unless prohibited by statute or
7-24 rule.
7-25 (c) The executive director may:
7-26 (1) impose sanctions and issue orders relating to a
7-27 sanction as provided by Section 51.353; and
8-1 (2) assess an administrative penalty or issue an order
8-2 relating to an administrative penalty as authorized by a law
8-3 establishing a program regulated by the department or as provided
8-4 by Sections 51.301 and 51.302.
8-5 SECTION 15. Section 51.104, Occupations Code, is amended to
8-6 read as follows:
8-7 Sec. 51.104. PERSONNEL. [(a)] The executive director
8-8 [commissioner] may employ persons to perform the department's work
8-9 and may prescribe their duties and compensation, subject to the
8-10 personnel policies adopted by the commission and the commission's
8-11 approval of the budget.
8-12 [(b) Subject to the commission's personnel policies, the
8-13 commissioner may remove any department employee.]
8-14 SECTION 16. Section 51.105, Occupations Code, is amended to
8-15 read as follows:
8-16 Sec. 51.105. DIVISION OF RESPONSIBILITIES. The commission
8-17 shall develop and implement policies that clearly define the
8-18 respective responsibilities of the commission, the executive
8-19 director [commissioner], and the staff of the department.
8-20 SECTION 17. Section 51.107, Occupations Code, is amended to
8-21 read as follows:
8-22 Sec. 51.107. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
8-23 (a) The executive director [commissioner or the commissioner's
8-24 designee] shall develop a [an intra-agency] career ladder program.
8-25 The program must require intra-agency postings of all nonentry
8-26 level positions concurrently with any public posting. [The program
8-27 may not penalize or otherwise adversely affect an employee who
9-1 chooses not to move from one office location to another.]
9-2 (b) The executive director [commissioner or the
9-3 commissioner's designee] shall develop a system of employee
9-4 [annual] performance evaluations. The system must require that
9-5 evaluations be conducted at least annually. All merit pay for
9-6 department employees must be based on the system established under
9-7 this subsection.
9-8 SECTION 18. Section 51.108, Occupations Code, is amended to
9-9 read as follows:
9-10 Sec. 51.108. EQUAL EMPLOYMENT OPPORTUNITY POLICY[; REPORT].
9-11 (a) The executive director [commissioner or the commissioner's
9-12 designee] shall prepare and maintain a written policy statement to
9-13 assure implementation of an equal employment opportunity program
9-14 under which all personnel transactions are made without regard to
9-15 race, color, disability, sex, religion, age, or national origin.
9-16 The policy statement must include:
9-17 (1) [personnel policies, including] policies related
9-18 to recruitment, evaluation, selection, appointment, training, and
9-19 promotion of personnel;
9-20 (2) a comprehensive analysis of the department
9-21 workforce that meets federal and state guidelines;
9-22 (3) procedures by which a determination can be made of
9-23 significant underuse in the department workforce of all persons for
9-24 whom federal or state guidelines encourage a more equitable
9-25 balance; and
9-26 (4) reasonable methods to appropriately address those
9-27 areas of significant underuse.
10-1 (b) A policy statement prepared under Subsection (a) must
10-2 cover an annual period, be updated at least annually, and be filed
10-3 with the governor.
10-4 [(c) The governor shall deliver a biennial report to the
10-5 legislature based on the information received under Subsection (b).
10-6 The report may be made separately or as a part of other biennial
10-7 reports made to the legislature.]
10-8 SECTION 19. Section 51.201, Occupations Code, is amended to
10-9 read as follows:
10-10 Sec. 51.201. GENERAL POWERS AND DUTIES OF COMMISSION. (a)
10-11 The commission shall:
10-12 (1) supervise the executive director's
10-13 [commissioner's] administration of the department;
10-14 (2) formulate the policy objectives for the
10-15 department; and
10-16 (3) approve the department's operating budget and the
10-17 department's requests for legislative appropriations.
10-18 (b) The commission:
10-19 (1) may adopt rules as necessary for its own
10-20 procedures; and
10-21 (2) shall adopt rules as necessary to implement this
10-22 chapter.
10-23 SECTION 20. Section 51.202, Occupations Code, is amended to
10-24 read as follows:
10-25 Sec. 51.202. FEES. (a) The commission shall set fees, in
10-26 amounts reasonable and necessary to cover the costs of
10-27 administering the programs or activities, for:
11-1 (1) licenses[, registrations, certificates, titles,
11-2 and permits] issued by the department [commissioner];
11-3 (2) license[, registration, certificate, title, and
11-4 permit] renewals and late renewals;
11-5 (3) examinations; and
11-6 (4) any other program or activity administered by the
11-7 department for which a fee is authorized.
11-8 (b) The executive director [commissioner] by rule may
11-9 provide for prorating [the] fees [set by the commission] for the
11-10 [initial] issuance of a license[, registration, certificate, or
11-11 permit], so that a person regulated by the department pays only
11-12 that portion of the applicable fee that is allocable to the number
11-13 of months during which the license[, registration, certificate, or
11-14 permit] is valid.
11-15 (c) The executive director [commissioner] shall develop cost
11-16 management procedures that enable the commission to determine with
11-17 reasonable accuracy the cost to the department of each program and
11-18 activity for which a fee is charged.
11-19 SECTION 21. Section 51.203, Occupations Code, is amended to
11-20 read as follows:
11-21 Sec. 51.203. RULES ADOPTED BY EXECUTIVE DIRECTOR. The
11-22 executive director [commissioner] shall adopt rules as necessary to
11-23 implement each [this chapter and any other] law establishing a
11-24 program regulated by the department.
11-25 SECTION 22. Section 51.204, Occupations Code, is amended to
11-26 read as follows:
11-27 Sec. 51.204. RULES RESTRICTING ADVERTISING OR COMPETITIVE
12-1 BIDDING. (a) The executive director [commissioner] may not adopt
12-2 rules restricting advertising or competitive bidding by a license
12-3 holder [person regulated by the department] except to prohibit
12-4 false, misleading, or deceptive practices [by that person].
12-5 (b) The executive director [commissioner] may not include in
12-6 rules to prohibit false, misleading, or deceptive practices by a
12-7 license holder [person regulated by the department] a rule that:
12-8 (1) restricts the use of any advertising medium;
12-9 (2) restricts the license holder's [person's] personal
12-10 appearance or the use of the license holder's [person's] voice in
12-11 an advertisement;
12-12 (3) relates to the size or duration of an
12-13 advertisement [used by the person]; or
12-14 (4) restricts the use of a trade name in advertising
12-15 [by the person].
12-16 SECTION 23. Section 51.205, Occupations Code, is amended to
12-17 read as follows:
12-18 Sec. 51.205. LICENSE EXPIRATION AND RENEWAL. (a) The
12-19 executive director [commission] may adopt a system under which
12-20 licenses[, registrations, certificates, or permits] expire annually
12-21 [on various dates during the year] and may provide for a renewal
12-22 period that exceeds 12 months.
12-23 (b) The executive director [commission] shall notify a
12-24 person regulated by the department of the impending expiration of
12-25 the person's license[, registration, certificate, or permit].
12-26 SECTION 24. Section 51.251(a), Occupations Code, is amended
12-27 to read as follows:
13-1 (a) The department shall prepare information of public
13-2 interest describing the functions of the commission and department
13-3 and the procedures by which complaints are filed with and resolved
13-4 by the commission or executive director [department].
13-5 SECTION 25. Section 51.252, Occupations Code, is amended to
13-6 read as follows:
13-7 Sec. 51.252. COMPLAINTS. (a) The executive director
13-8 [commissioner by rule] shall establish methods by which consumers
13-9 and service recipients are notified of the name, mailing address,
13-10 and telephone number of the department for the purpose of directing
13-11 complaints to the department. [The department may provide for that
13-12 notice:]
13-13 [(1) on each registration form, application, or
13-14 written contract for services of a person regulated by the
13-15 department;]
13-16 [(2) on a sign prominently displayed in the place of
13-17 business of each person regulated by the department; or]
13-18 [(3) in a bill for service provided by a person
13-19 regulated by the department.]
13-20 (b) The department shall keep an information file about each
13-21 complaint filed with the [commission or] department that the
13-22 commission or executive director [department] has authority to
13-23 resolve.
13-24 (c) If a written complaint is filed that [with] the
13-25 commission or executive director [department that the commission or
13-26 department] has authority to resolve, the department, at least
13-27 quarterly and until final disposition of the complaint, shall
14-1 notify the parties to the complaint of the status of the complaint
14-2 unless the notice would jeopardize an [undercover] investigation.
14-3 SECTION 26. Section 51.301, Occupations Code, is amended to
14-4 read as follows:
14-5 Sec. 51.301. IMPOSITION OF PENALTY. The executive director
14-6 or [In addition to or in lieu of a sanction imposed on a person
14-7 under Section 51.353, the] commission may impose an administrative
14-8 penalty against a person who violates:
14-9 (1) a law establishing a regulatory program
14-10 administered by the department; or
14-11 (2) a rule adopted or order issued by the executive
14-12 director or commission [on the person].
14-13 SECTION 27. Section 51.302, Occupations Code, is amended to
14-14 read as follows:
14-15 Sec. 51.302. AMOUNT OF PENALTY. (a) If the relevant law
14-16 establishing a program regulated by the department does not state
14-17 the maximum amount of an administrative penalty under that law, the
14-18 amount of the penalty shall be assessed by the commission or
14-19 executive director in an amount that [The amount of the
14-20 administrative penalty] may not exceed $5,000 [$1,000] for each
14-21 violation.
14-22 (b) The amount of the penalty shall be based on:
14-23 (1) the seriousness of the violation;
14-24 (2) the respondent's history of previous violations;
14-25 (3) the amount necessary to deter a future violation;
14-26 (4) efforts made by the respondent to correct the
14-27 violation; and
15-1 (5) any other matter that justice may require.
15-2 SECTION 28. Subchapter F, Chapter 51, Occupations Code, is
15-3 amended by adding Section 51.3025 to read as follows:
15-4 Sec. 51.3025. IMPOSITION OF SANCTION. A proceeding under
15-5 this subchapter imposing an administrative penalty may be combined
15-6 with a proceeding to impose an administrative sanction. If a
15-7 sanction is imposed in a proceeding under this subchapter, the
15-8 requirements of this subchapter apply to the imposition of the
15-9 sanction.
15-10 SECTION 29. Section 51.303, Occupations Code, is amended to
15-11 read as follows:
15-12 Sec. 51.303. [REPORT AND] NOTICE OF VIOLATION AND PENALTY.
15-13 [(a)] If, after investigation of a possible violation and the
15-14 facts surrounding the possible violation, the department
15-15 [commissioner] determines that a violation occurred, the department
15-16 [commissioner] shall issue to the respondent a notice of alleged
15-17 violation [preliminary report] stating:
15-18 (1) [the facts on which the determination is based;
15-19 and]
15-20 [(2) the commissioner's recommendation on the
15-21 imposition of the administrative penalty, including a
15-22 recommendation on the amount of the penalty.]
15-23 [(b) Not later than the 14th day after the date the
15-24 preliminary report is issued, the commissioner shall give written
15-25 notice of the violation to the person on whom the penalty may be
15-26 imposed.]
15-27 [(c) The notice issued under this section must:]
16-1 [(1) include] a brief summary of the alleged
16-2 violation;
16-3 (2) [state] the amount of the recommended
16-4 administrative penalty; and
16-5 (3) that [inform] the respondent has [person of] the
16-6 [person's] right to a hearing to contest the alleged [on the
16-7 occurrence of the] violation, the amount of the penalty, or both.
16-8 SECTION 30. Section 51.304, Occupations Code, is amended to
16-9 read as follows:
16-10 Sec. 51.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
16-11 Not later than the 20th day after the date the respondent [person]
16-12 receives the notice, the respondent [person] may:
16-13 (1) accept the department's [commissioner's]
16-14 determination and recommended administrative penalty; or
16-15 (2) make a written request for a hearing on that
16-16 determination.
16-17 (b) If the respondent [person] accepts the department's
16-18 [commissioner's] determination, the executive director [commission]
16-19 by order shall approve the determination and require the person to
16-20 pay the recommended penalty.
16-21 SECTION 31. Sections 51.305(a) and (b), Occupations Code, are
16-22 amended to read as follows:
16-23 (a) If the respondent [person] requests a hearing [or fails
16-24 to respond in a timely manner to the notice], the department
16-25 [commissioner] shall set a hearing and give written notice of the
16-26 hearing to the respondent [person].
16-27 (b) The executive director [commissioner] may employ a
17-1 hearings officer to conduct the hearing [for this purpose].
17-2 SECTION 32. Section 51.306, Occupations Code, is amended by
17-3 amending Subsection (b) and adding Subsection (c) to read as
17-4 follows:
17-5 (b) The department [commissioner] shall give notice of the
17-6 [commission's] order to the respondent [person].
17-7 (c) The order under this section [notice] must include:
17-8 (1) separate statements of the findings of fact and
17-9 conclusions of law;
17-10 (2) the amount of any penalty imposed;
17-11 (3) a statement of the right of the respondent
17-12 [person] to judicial review of the [commission's] order; and
17-13 (4) any other information required by law.
17-14 SECTION 33. Section 51.307, Occupations Code, is amended to
17-15 read as follows:
17-16 Sec. 51.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)
17-17 Not later than the 30th day after the date the commission's order
17-18 becomes final, the respondent [person] shall:
17-19 (1) pay the penalty; or
17-20 (2) file a petition for judicial review contesting the
17-21 order [fact of the violation, the amount of the penalty, or both,]
17-22 and:
17-23 (A) forward the penalty [amount imposed] to the
17-24 department for deposit in an escrow account; or
17-25 (B) give the department a supersedeas bond in a
17-26 form approved by the executive director [commissioner] that:
17-27 (i) is for the amount of the penalty; and
18-1 (ii) is effective until judicial review of
18-2 the decision is final.
18-3 (b) A respondent [person] who is financially unable to
18-4 comply with Subsection (a)(2) is entitled to judicial review if the
18-5 respondent [person] files with the court, as part of the
18-6 respondent's [person's] petition for judicial review, a sworn
18-7 statement that the respondent [person] is unable to meet the
18-8 requirements of that subsection.
18-9 SECTION 34. Section 51.309, Occupations Code, is amended to
18-10 read as follows:
18-11 Sec. 51.309. REMITTANCE OF PENALTY AND INTEREST. (a) If,
18-12 after judicial review, the administrative penalty is reduced or not
18-13 imposed, the executive director [commissioner] shall:
18-14 (1) remit to the person the appropriate amount, plus
18-15 accrued interest, if the person paid the amount of the penalty; or
18-16 (2) execute a release of the bond, if the person
18-17 posted a supersedeas bond.
18-18 (b) The interest paid under Subsection (a)(1) is accrued at
18-19 the rate charged on loans to depository institutions by the New
18-20 York Federal Reserve Bank. The interest shall be paid for the
18-21 period beginning on the date the penalty is paid to the department
18-22 [commissioner] and ending on the date the penalty is remitted.
18-23 SECTION 35. Section 51.310(a), Occupations Code, is amended
18-24 to read as follows:
18-25 (a) The executive director [commissioner] by rule shall
18-26 prescribe procedures for the determination and appeal of a decision
18-27 to impose an administrative penalty.
19-1 SECTION 36. Section 51.351(b), Occupations Code, is amended
19-2 to read as follows:
19-3 (b) The department, during reasonable business hours, may:
19-4 (1) enter the business premises of a person regulated
19-5 by the department or a person suspected of being in violation of or
19-6 threatening to violate a law establishing a regulatory program
19-7 administered by the department or a rule or order of the commission
19-8 or executive director [commissioner] related to a regulatory
19-9 program administered by the department; and
19-10 (2) examine and copy records pertinent to the
19-11 inspection or investigation.
19-12 SECTION 37. Section 51.352, Occupations Code, is amended to
19-13 read as follows:
19-14 Sec. 51.352. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
19-15 attorney general or the executive director [commissioner] may
19-16 institute an action for injunctive relief to restrain a violation
19-17 by and to collect a civil penalty from a person that appears to be
19-18 in violation of or threatening to violate a law establishing a
19-19 regulatory program administered by the department or a rule or
19-20 order of the commission or executive director [commissioner]
19-21 related to the regulatory program.
19-22 (b) [The amount of a civil penalty may not exceed $1,000 for
19-23 each violation or $250,000 in the aggregate.]
19-24 [(c)] An action filed under this section must be filed in a
19-25 district court in Travis County.
19-26 (c) [(d)] The attorney general and the department may
19-27 recover reasonable expenses incurred in obtaining injunctive relief
20-1 under this section, including court costs, reasonable attorney's
20-2 fees, investigative costs, witness fees, and deposition expenses.
20-3 SECTION 38. Section 51.353, Occupations Code, is amended to
20-4 read as follows:
20-5 Sec. 51.353. ADMINISTRATIVE SANCTIONS. (a) The executive
20-6 director [commissioner] shall adopt rules relating to
20-7 administrative sanctions that may be enforced against a license
20-8 holder [person] regulated by the department. If a license holder
20-9 [person] violates a law establishing a regulatory program
20-10 administered by the department or a rule or order of the commission
20-11 or executive director [commissioner relating to the program], the
20-12 executive director [commissioner] may:
20-13 (1) issue a written reprimand to the license holder
20-14 [person that specifies the violation];
20-15 (2) revoke or suspend the license holder's [person's]
20-16 license[, registration, certificate, or permit]; or
20-17 (3) place the license holder [person] on probation if
20-18 the person's license[, registration, certificate, or permit] has
20-19 been suspended.
20-20 (b) If a suspension is probated, the executive director
20-21 [commissioner] may require the license holder [person] to:
20-22 (1) report regularly to the department [commissioner]
20-23 on matters that are the basis of the probation;
20-24 (2) limit practice to the areas prescribed by the
20-25 executive director [commissioner]; or
20-26 (3) continue or renew professional education in those
20-27 areas that are the basis for the probation until the license holder
21-1 [person] attains a degree of skill satisfactory to the executive
21-2 director [commissioner].
21-3 SECTION 39. Section 51.354, Occupations Code, is amended to
21-4 read as follows:
21-5 Sec. 51.354. RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE. (a)
21-6 A respondent [person] is entitled to a hearing if the executive
21-7 director [commissioner] proposes to deny, suspend, or revoke a
21-8 license[, registration, certificate, or permit].
21-9 (b) The executive director [commissioner] may employ a
21-10 hearings officer to conduct the hearing [for this purpose].
21-11 (c) The executive director [commissioner] by rule shall
21-12 prescribe procedures for the determination and appeal of a decision
21-13 to deny, suspend, or revoke a license[, registration, certificate,
21-14 or permit].
21-15 (d) A proceeding under this chapter to deny, suspend, or
21-16 revoke a license[, registration, certificate, or permit] is
21-17 considered to be a contested case under Chapter 2001, Government
21-18 Code.
21-19 SECTION 40. Sections 51.054, 51.102, 51.106, and 51.206,
21-20 Occupations Code, are repealed.
21-21 SECTION 41. (a) The change in law made by this Act applies
21-22 only to a proceeding to impose an administrative penalty or
21-23 administrative sanction that is commenced by the Texas Department
21-24 of Licensing and Regulation on or after the effective date of this
21-25 Act. A proceeding commenced before the effective date of this Act
21-26 is governed by the law in effect on the date the proceeding was
21-27 commenced, and the former law is continued in effect for that
22-1 purpose.
22-2 (b) A reference in any other law to the commissioner of
22-3 licensing and regulation means the executive director of the Texas
22-4 Department of Licensing and Regulation.
22-5 SECTION 42. This Act takes effect immediately if it receives
22-6 a vote of two-thirds of all the members elected to each house, as
22-7 provided by Section 39, Article III, Texas Constitution. If this
22-8 Act does not receive the vote necessary for immediate effect, this
22-9 Act takes effect September 1, 2001.