1-1     By:  Shapiro                                           S.B. No. 645
 1-2           (In the Senate - Filed February 12, 2001; February 13, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     February 28, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0;
 1-6     February 28, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 645                  By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the establishment of an electronic system for
1-11     occupational licensing transactions.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Chapter 2054, Government Code, is amended by
1-14     adding Subchapter I to read as follows:
1-15         SUBCHAPTER I.  ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING
1-16                                TRANSACTIONS
1-17           Sec. 2054.251.  DEFINITIONS.  In this subchapter:
1-18                 (1)  "Licensing authority" means a department,
1-19     commission, board, office, or other agency of the state or a
1-20     political subdivision of the state that issues an occupational
1-21     license.
1-22                 (2)  "Occupational license" means a license,
1-23     certificate, registration, or other form of authorization that a
1-24     person must obtain to practice or engage in a particular business,
1-25     occupation, or profession.
1-26           Sec. 2054.252.  APPLICABILITY.  (a)  The following licensing
1-27     authorities shall participate in the system established under
1-28     Section 2054.253:
1-29                 (1)  State Board of Barber Examiners;
1-30                 (2)  Texas Board of Chiropractic Examiners;
1-31                 (3)  Texas Cosmetology Commission;
1-32                 (4)  Court Reporters Certification Board;
1-33                 (5)  State Board of Dental Examiners;
1-34                 (6)  Texas Funeral Service Commission;
1-35                 (7)  Texas Board of Professional Land Surveying;
1-36                 (8)  Texas State Board of Medical Examiners;
1-37                 (9)  Board of Nurse Examiners;
1-38                 (10)  Board of Vocational Nurse Examiners;
1-39                 (11)  Texas Optometry Board;
1-40                 (12)  Texas Structural Pest Control Board;
1-41                 (13)  Texas State Board of Pharmacy;
1-42                 (14)  Executive Council of Physical Therapy and
1-43     Occupational Therapy Examiners;
1-44                 (15)  Texas State Board of Plumbing Examiners;
1-45                 (16)  Texas State Board of Podiatric Medical Examiners;
1-46                 (17)  Board of Tax Professional Examiners;
1-47                 (18)  Polygraph Examiners Board;
1-48                 (19)  Texas State Board of Examiners of Psychologists;
1-49                 (20)  State Board of Veterinary Medical Examiners;
1-50                 (21)  Texas Real Estate Commission;
1-51                 (22)  Texas Appraiser Licensing and Certification
1-52     Board; and
1-53                 (23)  Texas Department of Licensing and Regulation.
1-54           (b)  The comptroller may add additional agencies as system
1-55     capabilities are developed.
1-56           (c)  A licensing authority other than an authority listed by
1-57     Subsection (a) may participate in the system established under
1-58     Section 2054.253, subject to the approval of the department.
1-59           Sec. 2054.253.  ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING
1-60     TRANSACTIONS.  (a)  The department shall administer a common
1-61     electronic system using the Internet through which a licensing
1-62     authority can electronically:
1-63                 (1)  send occupational licenses and other documents to
1-64     persons regulated by the authority and to the public;
 2-1                 (2)  receive applications for occupational licenses and
 2-2     other documents for filing from persons regulated by the authority
 2-3     and from the public, including documents that can be electronically
 2-4     signed if necessary; and
 2-5                 (3)  receive required payments from persons regulated
 2-6     by the authority and from the public.
 2-7           (b)  The department may implement this section in phases.
 2-8     Each licensing authority that participates in the system
 2-9     established under this section shall comply with the schedule
2-10     established by the department.
2-11           (c)  The department may use any Internet portal established
2-12     under a demonstration project administered by the department.
2-13           (d)  The department may contract with a private vendor to
2-14     implement this section.  A contract under this subsection is
2-15     payable only from fees collected under Subsection (e).
2-16           (e)  The department shall charge fees in amounts sufficient
2-17     to cover the cost of implementing this section.  The department may
2-18     charge:
2-19                 (1)  a transaction fee for each transaction performed
2-20     on the system; and
2-21                 (2)  a subscription fee to be paid by each licensing
2-22     authority that participates in the system.
2-23           Sec. 2054.254.  STEERING COMMITTEE.  (a)  The steering
2-24     committee for electronic occupational licensing transactions
2-25     consists of a representative of each of the following, appointed by
2-26     its governing body:
2-27                 (1)  each licensing authority listed by Section
2-28     2054.252(a); and
2-29                 (2)  the department.
2-30           (b)  The governing body of a licensing authority described by
2-31     Section 2054.252(c) may appoint a representative to the committee.
2-32           (c)  A member of the committee serves at the will of the
2-33     authority that appointed the member.
2-34           (d)  The representative of the department is the presiding
2-35     officer of the committee.  The committee shall meet as prescribed
2-36     by committee procedures or at the call of the presiding officer.
2-37           (e)  The committee shall advise the department regarding the
2-38     department's implementation of Section 2054.253.
2-39           (f)  Chapter 2110 does not apply to the size, composition, or
2-40     duration of the committee.  Any reimbursement of the expenses of a
2-41     member of the committee may be paid only from funds available to
2-42     the governmental entity the member represents.
2-43           SECTION 2.  (a)  Not later than January 1, 2002, each
2-44     licensing authority listed by Subsection (a), Section 2054.252,
2-45     Government Code, as added by this Act, and the Department of
2-46     Information Resources shall appoint the members of the steering
2-47     committee for electronic occupational licensing transactions.
2-48           (b)  Not later than April 1, 2002, the Department of
2-49     Information Resources shall adopt a schedule for implementing
2-50     Section 2054.253, Government Code, as added by this Act.  The
2-51     schedule shall permit the initial group of licensing authorities to
2-52     perform the functions described by Subsection (a), Section
2-53     2054.253, Government Code, as added by this Act, not later than
2-54     September 1, 2002.
2-55           (c)  Not later than January 1, 2003, the Department of
2-56     Information Resources shall report to the presiding officer of each
2-57     house of the legislature and to the presiding officers of the
2-58     committees of each house of the legislature that have primary
2-59     oversight jurisdiction over the department or over a licensing
2-60     authority listed by Subsection (a), Section 2054.252, Government
2-61     Code, as added by this Act, on the department's progress in
2-62     implementing Section 2054.253, Government Code, as added by this
2-63     Act.
2-64           SECTION 3.  This Act takes effect September 1, 2001.
2-65                                  * * * * *