1-1 AN ACT
1-2 relating to the requirements for membership on the governing board
1-3 of certain state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 2, Occupations Code, is amended by adding
1-6 Chapter 57 to read as follows:
1-7 CHAPTER 57. REQUIREMENTS FOR LICENSING AGENCIES
1-8 Sec. 57.001. DEFINITIONS. In this chapter:
1-9 (1) "License" means a license, certificate,
1-10 registration, permit, or other form of authorization required by
1-11 law or a state agency rule that must be obtained by an individual
1-12 to engage in a particular business, occupation, or profession.
1-13 (2) "State agency" means a department, board, bureau,
1-14 commission, committee, division, office, council, or agency of the
1-15 state.
1-16 Sec. 57.002. REQUIREMENTS FOR GOVERNING BOARD MEMBERSHIP. A
1-17 person may not be required to be a member of a private trade
1-18 association as a precondition to serving as a member of the
1-19 governing board of a state agency that issues a license or
1-20 otherwise regulates a business, occupation, or profession.
1-21 Sec. 57.003. APPLICATION OF CHAPTER. This chapter does not
1-22 apply to the Texas Energy Resource Council.
1-23 SECTION 2. Section 351.051(a), Occupations Code, is amended
1-24 to read as follows:
2-1 (a) The Texas Optometry Board consists of nine members
2-2 appointed by the governor with the advice and consent of the senate
2-3 as follows:
2-4 (1) six [three] optometrists or therapeutic
2-5 optometrists [who are affiliated with the Texas Optometric
2-6 Association, Inc.;]
2-7 [(2) three optometrists or therapeutic optometrists
2-8 who are affiliated with the Texas Association of Optometrists,
2-9 Inc.]; and
2-10 (2) [(3)] three members who represent the public.
2-11 SECTION 3. Section 351.052, Occupations Code, is amended to
2-12 read as follows:
2-13 Sec. 351.052. MEMBERSHIP ELIGIBILITY. (a) An optometrist or
2-14 therapeutic optometrist member of the board must have been a
2-15 resident of this state engaged in the practice of optometry or
2-16 therapeutic optometry in this state for the five years preceding
2-17 the date of the member's appointment.
2-18 (b) [An optometrist or therapeutic optometrist member of the
2-19 board may not simultaneously be a member of both the Texas
2-20 Optometric Association, Inc., and the Texas Association of
2-21 Optometrists, Inc.]
2-22 [(c)] A person is not eligible for appointment as a public
2-23 member of the board if the person or the person's spouse:
2-24 (1) is registered, certified, or licensed by an
2-25 occupational regulatory agency in the field of health care;
2-26 (2) is employed by or participates in the management
2-27 of or is an officer or paid consultant of a business entity or
3-1 other organization that provides health care services or that
3-2 sells, manufactures, or distributes health care supplies or
3-3 equipment;
3-4 (3) owns, controls, or has, directly or indirectly, a
3-5 financial interest in a business entity or other organization that
3-6 provides health care services or that sells, manufactures, or
3-7 distributes health care supplies or equipment; or
3-8 (4) uses or receives a substantial amount of tangible
3-9 goods, services, or funds from the board, other than compensation
3-10 or reimbursement authorized by law for board membership,
3-11 attendance, or expenses.
3-12 SECTION 4. Section 351.054(a), Occupations Code, is amended
3-13 to read as follows:
3-14 (a) Members of the board serve staggered six-year terms.
3-15 The terms of two optometrist or therapeutic optometrist members
3-16 [one member affiliated with the Texas Optometric Association, Inc.,
3-17 one member affiliated with the Texas Association of Optometrists,
3-18 Inc.,] and one public member expire on January 31 of each
3-19 odd-numbered year.
3-20 SECTION 5. Section 351.055, Occupations Code, is amended to
3-21 read as follows:
3-22 Sec. 351.055. OFFICERS. [(a)] The board shall elect a
3-23 presiding officer, an assistant presiding officer, and a
3-24 secretary-treasurer every two years.
3-25 [(b) The presiding officer and the assistant presiding
3-26 officer may not be from the same group of the three groups
3-27 represented on the board.]
4-1 SECTION 6. Section 351.151, Occupations Code, is amended to
4-2 read as follows:
4-3 Sec. 351.151. RULES. (a) The board by a majority vote of a
4-4 quorum may adopt [a] procedural and substantive rules [rule].
4-5 (b) [The board may adopt a substantive rule only if a
4-6 majority of each of the three groups represented on the board votes
4-7 to adopt the rule.]
4-8 [(c)] The board may not adopt a substantive rule before
4-9 submitting the proposed rule to the attorney general for a ruling
4-10 on the proposed rule's validity.
4-11 SECTION 7. Section 351.152(a), Occupations Code, is amended
4-12 to read as follows:
4-13 (a) The board [by majority vote of each of the three groups
4-14 represented on the board] shall set fees in amounts reasonable and
4-15 necessary so that in the aggregate the fees produce sufficient
4-16 revenue to cover the cost of administering this chapter. The board
4-17 shall set fee amounts so as not to maintain an unnecessary fund
4-18 balance.
4-19 SECTION 8. (a) The change in law made by this Act by the
4-20 addition of Chapter 57, Occupations Code, applies to the
4-21 appointment of a person as a member of a governing board subject to
4-22 that chapter on or after the effective date of this Act.
4-23 (b) A member of a governing board subject to Chapter 57,
4-24 Occupations Code, as added by this Act, who is serving on the
4-25 governing board on the effective date of this Act is subject to the
4-26 law in effect on the date preceding the effective date of this Act
4-27 and, unless otherwise removed as provided by law, may continue to
5-1 serve for the remainder of the member's term.
5-2 (c) Section 57.003, Occupations Code, as added by this Act,
5-3 takes effect only if the 77th Legislature, at its regular session,
5-4 enacts a bill creating a Texas Energy Resource Council and that
5-5 bill becomes law. If that bill does not become law, Section
5-6 57.003, Occupations Code, has no effect.
5-7 SECTION 9. (a) The change in law made by this Act to
5-8 Chapter 351, Occupations Code, applies only to the appointment of a
5-9 person as a member of the Texas Optometry Board on or after the
5-10 effective date of this Act.
5-11 (b) The eligibility of a person serving as a member of the
5-12 Texas Optometry Board on the effective date of this Act is governed
5-13 by the law in effect immediately before the effective date of this
5-14 Act and, unless removed as otherwise provided by law, the person
5-15 may continue to serve for the remainder of the person's term.
5-16 SECTION 10. This Act takes effect immediately if it receives
5-17 a vote of two-thirds of all the members elected to each house, as
5-18 provided by Section 39, Article III, Texas Constitution. If this
5-19 Act does not receive the vote necessary for immediate effect, this
5-20 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2262 was passed by the House on May
2, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2262 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2262 was passed by the Senate, with
amendments, on May 18, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor