1-1 By: Danburg, et al. (Senate Sponsor - Madla) H.B. No. 2262
1-2 (In the Senate - Received from the House May 3, 2001;
1-3 May 4, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 9, 2001, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 5, Nays
1-6 0; May 9, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2262 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the requirements for membership on the Texas Optometry
1-11 Board.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 351.051(a), Occupations Code, is amended
1-14 to read as follows:
1-15 (a) The Texas Optometry Board consists of nine members
1-16 appointed by the governor with the advice and consent of the senate
1-17 as follows:
1-18 (1) six [three] optometrists or therapeutic
1-19 optometrists [who are affiliated with the Texas Optometric
1-20 Association, Inc.;]
1-21 [(2) three optometrists or therapeutic optometrists
1-22 who are affiliated with the Texas Association of Optometrists,
1-23 Inc.]; and
1-24 (2) [(3)] three members who represent the public.
1-25 SECTION 2. Section 351.052, Occupations Code, is amended to
1-26 read as follows:
1-27 Sec. 351.052. MEMBERSHIP ELIGIBILITY. (a) An optometrist or
1-28 therapeutic optometrist member of the board must have been a
1-29 resident of this state engaged in the practice of optometry or
1-30 therapeutic optometry in this state for the five years preceding
1-31 the date of the member's appointment.
1-32 (b) [An optometrist or therapeutic optometrist member of the
1-33 board may not simultaneously be a member of both the Texas
1-34 Optometric Association, Inc., and the Texas Association of
1-35 Optometrists, Inc.]
1-36 [(c)] A person is not eligible for appointment as a public
1-37 member of the board if the person or the person's spouse:
1-38 (1) is registered, certified, or licensed by an
1-39 occupational regulatory agency in the field of health care;
1-40 (2) is employed by or participates in the management
1-41 of or is an officer or paid consultant of a business entity or
1-42 other organization that provides health care services or that
1-43 sells, manufactures, or distributes health care supplies or
1-44 equipment;
1-45 (3) owns, controls, or has, directly or indirectly, a
1-46 financial interest in a business entity or other organization that
1-47 provides health care services or that sells, manufactures, or
1-48 distributes health care supplies or equipment; or
1-49 (4) uses or receives a substantial amount of tangible
1-50 goods, services, or funds from the board, other than compensation
1-51 or reimbursement authorized by law for board membership,
1-52 attendance, or expenses.
1-53 SECTION 3. Section 351.054(a), Occupations Code, is amended
1-54 to read as follows:
1-55 (a) Members of the board serve staggered six-year terms.
1-56 The terms of two optometrist or therapeutic optometrist members
1-57 [one member affiliated with the Texas Optometric Association, Inc.,
1-58 one member affiliated with the Texas Association of Optometrists,
1-59 Inc.,] and one public member expire on January 31 of each
1-60 odd-numbered year.
1-61 SECTION 4. Section 351.055, Occupations Code, is amended to
1-62 read as follows:
1-63 Sec. 351.055. OFFICERS. [(a)] The board shall elect a
1-64 presiding officer, an assistant presiding officer, and a
2-1 secretary-treasurer every two years.
2-2 [(b) The presiding officer and the assistant presiding
2-3 officer may not be from the same group of the three groups
2-4 represented on the board.]
2-5 SECTION 5. Section 351.151, Occupations Code, is amended to
2-6 read as follows:
2-7 Sec. 351.151. RULES. (a) The board by a majority vote of a
2-8 quorum may adopt [a] procedural and substantive rules [rule].
2-9 (b) [The board may adopt a substantive rule only if a
2-10 majority of each of the three groups represented on the board votes
2-11 to adopt the rule.]
2-12 [(c)] The board may not adopt a substantive rule before
2-13 submitting the proposed rule to the attorney general for a ruling
2-14 on the proposed rule's validity.
2-15 SECTION 6. Section 351.152(a), Occupations Code, is amended
2-16 to read as follows:
2-17 (a) The board [by majority vote of each of the three groups
2-18 represented on the board] shall set fees in amounts reasonable and
2-19 necessary so that in the aggregate the fees produce sufficient
2-20 revenue to cover the cost of administering this chapter. The board
2-21 shall set fee amounts so as not to maintain an unnecessary fund
2-22 balance.
2-23 SECTION 7. (a) The change in law made by this Act applies
2-24 only to the appointment of a person as a member of the Texas
2-25 Optometry Board on or after the effective date of this Act.
2-26 (b) The eligibility of a person serving as a member of the
2-27 Texas Optometry Board on the effective date of this Act is governed
2-28 by the law in effect immediately before the effective date of this
2-29 Act and, unless removed as otherwise provided by law, the person
2-30 may continue to serve for the remainder of the person's term.
2-31 SECTION 8. This Act takes effect immediately if it receives
2-32 a vote of two-thirds of all the members elected to each house, as
2-33 provided by Section 39, Article III, Texas Constitution. If this
2-34 Act does not receive the vote necessary for immediate effect, this
2-35 Act takes effect September 1, 2001.
2-36 * * * * *