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 * * * * *