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.