By: Shapiro S.B. No. 645 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment of an electronic system for 1-3 occupational licensing transactions. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 2054, Government Code, is amended by 1-6 adding Subchapter I to read as follows: 1-7 SUBCHAPTER I. ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING 1-8 TRANSACTIONS 1-9 Sec. 2054.251. DEFINITIONS. In this subchapter: 1-10 (1) "Licensing authority" means a department, 1-11 commission, board, office, or other agency of the state or a 1-12 political subdivision of the state that issues an occupational 1-13 license. 1-14 (2) "Occupational license" means a license, 1-15 certificate, registration, or other form of authorization that a 1-16 person must obtain to practice or engage in a particular business, 1-17 occupation, or profession. 1-18 Sec. 2054.252. APPLICABILITY. (a) The following licensing 1-19 authorities shall participate in the system established under 1-20 Section 2054.253: 1-21 (1) State Board of Barber Examiners; 1-22 (2) Texas Board of Chiropractic Examiners; 1-23 (3) Texas Cosmetology Commission; 1-24 (4) Court Reporters Certification Board; 1-25 (5) State Board of Dental Examiners; 2-1 (6) Texas Funeral Service Commission; 2-2 (7) Texas Board of Professional Land Surveying; 2-3 (8) Texas State Board of Medical Examiners; 2-4 (9) Board of Nurse Examiners; 2-5 (10) Board of Vocational Nurse Examiners; 2-6 (11) Texas Optometry Board; 2-7 (12) Texas Structural Pest Control Board; 2-8 (13) Texas State Board of Pharmacy; 2-9 (14) Executive Council of Physical Therapy and 2-10 Occupational Therapy Examiners; 2-11 (15) Texas State Board of Plumbing Examiners; 2-12 (16) Texas State Board of Podiatric Medical Examiners; 2-13 (17) Board of Tax Professional Examiners; 2-14 (18) Polygraph Examiners Board; 2-15 (19) Texas State Board of Examiners of Psychologists; 2-16 (20) State Board of Veterinary Medical Examiners; 2-17 (21) Texas Real Estate Commission; 2-18 (22) Texas Appraiser Licensing and Certification 2-19 Board; and 2-20 (23) Texas Department of Licensing and Regulation. 2-21 (b) The comptroller may add additional agencies as system 2-22 capabilities are developed. 2-23 (c) A licensing authority other than an authority listed by 2-24 Subsection (a) may participate in the system established under 2-25 Section 2054.253, subject to the approval of the department. 2-26 Sec. 2054.253. ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING 3-1 TRANSACTIONS. (a) The department shall administer a common 3-2 electronic system using the Internet through which a licensing 3-3 authority can electronically: 3-4 (1) send occupational licenses and other documents to 3-5 persons regulated by the authority and to the public; 3-6 (2) receive applications for occupational licenses and 3-7 other documents for filing from persons regulated by the authority 3-8 and from the public, including documents that can be electronically 3-9 signed if necessary; and 3-10 (3) receive required payments from persons regulated 3-11 by the authority and from the public. 3-12 (b) The department may implement this section in phases. 3-13 Each licensing authority that participates in the system 3-14 established under this section shall comply with the schedule 3-15 established by the department. 3-16 (c) The department may use any Internet portal established 3-17 under a demonstration project administered by the department. 3-18 (d) The department may contract with a private vendor to 3-19 implement this section. A contract under this subsection is 3-20 payable only from fees collected under Subsection (e). 3-21 (e) The department shall charge fees in amounts sufficient 3-22 to cover the cost of implementing this section. The department may 3-23 charge: 3-24 (1) a transaction fee for each transaction performed 3-25 on the system; and 3-26 (2) a subscription fee to be paid by each licensing 4-1 authority that participates in the system. 4-2 Sec. 2054.254. STEERING COMMITTEE. (a) The steering 4-3 committee for electronic occupational licensing transactions 4-4 consists of a representative of each of the following, appointed by 4-5 its governing body: 4-6 (1) each licensing authority listed by Section 4-7 2054.252(a); and 4-8 (2) the department. 4-9 (b) The governing body of a licensing authority described by 4-10 Section 2054.252(c) may appoint a representative to the committee. 4-11 (c) A member of the committee serves at the will of the 4-12 authority that appointed the member. 4-13 (d) The representative of the department is the presiding 4-14 officer of the committee. The committee shall meet as prescribed 4-15 by committee procedures or at the call of the presiding officer. 4-16 (e) The committee shall advise the department regarding the 4-17 department's implementation of Section 2054.253. 4-18 (f) Chapter 2110 does not apply to the size, composition, or 4-19 duration of the committee. Any reimbursement of the expenses of a 4-20 member of the committee may be paid only from funds available to 4-21 the governmental entity the member represents. 4-22 SECTION 2. (a) Not later than January 1, 2002, each 4-23 licensing authority listed by Subsection (a), Section 2054.252, 4-24 Government Code, as added by this Act, and the Department of 4-25 Information Resources shall appoint the members of the steering 4-26 committee for electronic occupational licensing transactions. 5-1 (b) Not later than April 1, 2002, the Department of 5-2 Information Resources shall adopt a schedule for implementing 5-3 Section 2054.253, Government Code, as added by this Act. The 5-4 schedule shall permit the initial group of licensing authorities to 5-5 perform the functions described by Subsection (a), Section 5-6 2054.253, Government Code, as added by this Act, not later than 5-7 September 1, 2002. 5-8 (c) Not later than January 1, 2003, the Department of 5-9 Information Resources shall report to the presiding officer of each 5-10 house of the legislature and to the presiding officers of the 5-11 committees of each house of the legislature that have primary 5-12 oversight jurisdiction over the department or over a licensing 5-13 authority listed by Subsection (a), Section 2054.252, Government 5-14 Code, as added by this Act, on the department's progress in 5-15 implementing Section 2054.253, Government Code, as added by this 5-16 Act. 5-17 SECTION 3. This Act takes effect September 1, 2001.