By Nelson                                              S.B. No. 791
         77R4960 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the imposition of administrative, civil, and criminal
 1-3     penalties and the authorization of emergency license suspension for
 1-4     certain licensing programs regulated by the Texas Department of
 1-5     Health.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. Subchapter I, Chapter 203, Occupations Code, is
 1-8     amended by adding Section 203.405 to read as follows:
 1-9           Sec. 203.405.  EMERGENCY SUSPENSION. (a)  The board or a
1-10     three-member committee of board members designated by the board
1-11     shall temporarily suspend the letter of documentation of a
1-12     documented midwife if the board or committee determines from the
1-13     evidence or information presented to it that continued practice by
1-14     the documented midwife would constitute a continuing and imminent
1-15     threat to the public welfare.
1-16           (b)  A letter of documentation may be suspended under this
1-17     section without notice or hearing on the complaint if:
1-18                 (1)  action is taken to initiate proceedings for a
1-19     hearing before the State Office of Administrative Hearings
1-20     simultaneously with the temporary suspension; and
1-21                 (2)  a hearing is held as soon as practicable under
1-22     this chapter and Chapter 2001, Government Code.
1-23           (c)  The State Office of Administrative Hearings shall hold a
1-24     preliminary hearing not later than the 14th day after the date of
 2-1     the temporary suspension to determine if there is probable cause to
 2-2     believe that a continuing and imminent threat to the public welfare
 2-3     still exists.  A final hearing on the matter shall be held not
 2-4     later than the 61st day after the date of the temporary suspension.
 2-5           SECTION 2. Subchapter F, Chapter 352, Occupations Code, is
 2-6     amended by adding Section 352.254 to read as follows:
 2-7           Sec. 352.254.  EMERGENCY SUSPENSION. (a)  The board or a
 2-8     three-member committee of board members designated by the board
 2-9     shall temporarily suspend the certificate of registration of a
2-10     certificate holder if the board or committee determines from the
2-11     evidence or information presented to it that continued practice by
2-12     the certificate holder would constitute a continuing and imminent
2-13     threat to the public welfare.
2-14           (b)  A certificate of registration may be suspended under
2-15     this section without notice or hearing on the complaint if:
2-16                 (1)  action is taken to initiate proceedings for a
2-17     hearing before the State Office of Administrative Hearings
2-18     simultaneously with the temporary suspension; and
2-19                 (2)  a hearing is held as soon as practicable under
2-20     this chapter and Chapter 2001, Government Code.
2-21           (c)  The State Office of Administrative Hearings shall hold a
2-22     preliminary hearing not later than the 14th day after the date of
2-23     the temporary suspension to determine if there is probable cause to
2-24     believe that a continuing and imminent threat to the public welfare
2-25     still exists.  A final hearing on the matter shall be held not
2-26     later than the 61st day after the date of the temporary suspension.
2-27           SECTION 3. Subchapter E, Chapter 353, Occupations Code, is
 3-1     amended by adding Section 353.2025 to read as follows:
 3-2           Sec. 353.2025.  EMERGENCY SUSPENSION. (a)  The board or a
 3-3     three-member committee of board members designated by the board
 3-4     shall temporarily suspend the permit of a permit holder if the
 3-5     board or committee determines from the evidence or information
 3-6     presented to it that continued practice by the permit holder would
 3-7     constitute a continuing and imminent threat to the public welfare.
 3-8           (b)  A permit may be suspended under this section without
 3-9     notice or hearing on the complaint if:
3-10                 (1)  action is taken to initiate proceedings for a
3-11     hearing before the State Office of Administrative Hearings
3-12     simultaneously with the temporary suspension; and
3-13                 (2)  a hearing is held as soon as practicable under
3-14     this chapter and Chapter 2001, Government Code.
3-15           (c)  The State Office of Administrative Hearings shall hold a
3-16     preliminary hearing not later than the 14th day after the date of
3-17     the temporary suspension to determine if there is probable cause to
3-18     believe that a continuing and imminent threat to the public welfare
3-19     still exists.  A final hearing on the matter shall be held not
3-20     later than the 61st day after the date of the temporary suspension.
3-21           SECTION 4. Subchapter J, Chapter 401, Occupations Code, is
3-22     amended by adding Section 401.460 to read as follows:
3-23           Sec. 401.460.  EMERGENCY SUSPENSION. (a)  The board or a
3-24     three-member committee of board members designated by the board
3-25     shall temporarily suspend the license of a license holder if the
3-26     board or committee determines from the evidence or information
3-27     presented to it that continued practice by the license holder would
 4-1     constitute a continuing and imminent threat to the public welfare.
 4-2           (b)  A license may be suspended under this section without
 4-3     notice or hearing on the complaint if:
 4-4                 (1)  action is taken to initiate proceedings for a
 4-5     hearing before the State Office of Administrative Hearings
 4-6     simultaneously with the temporary suspension; and
 4-7                 (2)  a hearing is held as soon as practicable under
 4-8     this chapter and Chapter 2001, Government Code.
 4-9           (c)  The State Office of Administrative Hearings shall hold a
4-10     preliminary hearing not later than the 14th day after the date of
4-11     the temporary suspension to determine if there is probable cause to
4-12     believe that a continuing and imminent threat to the public welfare
4-13     still exists.  A final hearing on the matter shall be held not
4-14     later than the 61st day after the date of the temporary suspension.
4-15           SECTION 5. Chapter 401, Occupations Code, is amended by
4-16     adding Subchapter L to read as follows:
4-17                    SUBCHAPTER L.  ADMINISTRATIVE PENALTY
4-18           Sec. 401.551.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The
4-19     board may impose an administrative penalty on a person licensed
4-20     under this chapter who violates this chapter or a rule or order
4-21     adopted under this chapter.
4-22           Sec. 401.552.  AMOUNT OF ADMINISTRATIVE PENALTY. (a)  The
4-23     amount of the administrative penalty may not be less than $50 or
4-24     more than $500 for each violation.  Each day a violation continues
4-25     or occurs is a separate violation for the purpose of imposing a
4-26     penalty.
4-27           (b)  The amount shall be based on:
 5-1                 (1)  the seriousness of the violation, including the
 5-2     nature, circumstances, extent, and gravity of the violation;
 5-3                 (2)  the economic harm caused by the violation;
 5-4                 (3)  the history of previous violations;
 5-5                 (4)  the amount necessary to deter a future violation;
 5-6                 (5)  efforts to correct the violation; and
 5-7                 (6)  any other matter that justice may require.
 5-8           Sec. 401.553.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
 5-9     (a)  If the commissioner of public health determines that a
5-10     violation occurred, the commissioner may issue to the board a
5-11     report stating:
5-12                 (1)  the facts on which the determination is based; and
5-13                 (2)  the commissioner's recommendation on the
5-14     imposition of an administrative penalty, including a recommendation
5-15     on the amount of the penalty.
5-16           (b)  Within 14 days after the date the report is issued, the
5-17     commissioner shall give written notice of the report to the person.
5-18     The notice must:
5-19                 (1)  include a brief summary of the alleged violation;
5-20                 (2)  state the amount of the recommended administrative
5-21     penalty; and
5-22                 (3)  inform the person of the person's right to a
5-23     hearing on the occurrence of the violation, the amount of the
5-24     penalty, or both.
5-25           Sec. 401.554.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)
5-26     Within 10 days after the date the person receives the notice, the
5-27     person in writing may:
 6-1                 (1)  accept the determination and recommended
 6-2     administrative penalty of the commissioner; or
 6-3                 (2)  make a request for a hearing on the occurrence of
 6-4     the violation, the amount of the penalty, or both.
 6-5           (b)  If the person accepts the determination and recommended
 6-6     penalty of the commissioner, the board by order shall approve the
 6-7     determination and impose the recommended penalty.
 6-8           Sec. 401.555.  HEARING. (a)  If the person requests a hearing
 6-9     or fails to respond in a timely manner to the notice, the
6-10     commissioner shall set a hearing and give written notice of the
6-11     hearing to the person.
6-12           (b)  An administrative law judge of the State Office of
6-13     Administrative Hearings shall hold the hearing.
6-14           (c)  The administrative law judge shall make findings of fact
6-15     and conclusions of law and promptly issue to the board a proposal
6-16     for a decision about the occurrence of the violation and the amount
6-17     of a proposed administrative penalty.
6-18           Sec. 401.556.  DECISION BY BOARD. (a)  Based on the findings
6-19     of fact, conclusions of law, and proposal for decision, the board
6-20     by order may determine that:
6-21                 (1)  a violation occurred and impose an administrative
6-22     penalty; or
6-23                 (2)  a violation did not occur.
6-24           (b)  The notice of the board's order given to the person must
6-25     include a statement of the right of the person to judicial review
6-26     of the order.
6-27           Sec. 401.557.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
 7-1     (a) Within 30 days after the date the board's order becomes final,
 7-2     the person shall:
 7-3                 (1)  pay the administrative penalty; or
 7-4                 (2)  file a petition for judicial review contesting the
 7-5     occurrence of the violation, the amount of the penalty, or both.
 7-6           (b)  Within the 30-day period prescribed by Subsection (a), a
 7-7     person who files a petition for judicial review may:
 7-8                 (1)  stay enforcement of the penalty by:
 7-9                       (A)  paying the penalty to the court for
7-10     placement in an escrow account; or
7-11                       (B)  giving the court a supersedeas bond approved
7-12     by the court that:
7-13                             (i)  is for the amount of the penalty; and
7-14                             (ii)  is effective until all judicial
7-15     review of the board's order is final; or
7-16                 (2)  request the court to stay enforcement of the
7-17     penalty by:
7-18                       (A)  filing with the court a sworn affidavit of
7-19     the person stating that the person is financially unable to pay the
7-20     penalty and is financially unable to give the supersedeas bond; and
7-21                       (B)  giving a copy of the affidavit to the
7-22     executive director by certified mail.
7-23           (c)  If the commissioner receives a copy of an affidavit
7-24     under Subsection (b)(2), the commissioner may file with the court,
7-25     within five days after the date the copy is received, a contest to
7-26     the affidavit.
7-27           (d)  The court shall hold a hearing on the facts alleged in
 8-1     the affidavit as soon as practicable and shall stay the enforcement
 8-2     of the penalty on finding that the alleged facts are true.  The
 8-3     person who files an affidavit has the burden of proving that the
 8-4     person is financially unable to pay the penalty and to give a
 8-5     supersedeas bond.
 8-6           Sec. 401.558.  COLLECTION OF PENALTY. (a)  If the person does
 8-7     not pay the administrative penalty and the enforcement of the
 8-8     penalty is not stayed, the penalty may be collected.
 8-9           (b)  The attorney general may sue to collect the penalty.
8-10           Sec. 401.559.  DETERMINATION BY COURT. (a)  If the court
8-11     sustains the determination that a violation occurred, the court may
8-12     uphold or reduce the amount of the administrative penalty and order
8-13     the person to pay the full or reduced amount of the penalty.
8-14           (b)  If the court does not sustain the finding that a
8-15     violation occurred, the court shall order that a penalty is not
8-16     owed.
8-17           Sec. 401.560.  REMITTANCE OF PENALTY AND INTEREST. (a)  If
8-18     the person paid the administrative penalty and if the amount of the
8-19     penalty is reduced or the penalty is not upheld by the court, the
8-20     court shall order, when the court's judgment becomes final, that
8-21     the appropriate amount plus accrued interest be remitted to the
8-22     person.
8-23           (b)  The interest accrues at the rate charged on loans to
8-24     depository institutions by the New York Federal Reserve Bank.
8-25           (c)  The interest shall be paid for the period beginning on
8-26     the date the penalty is paid and ending on the date the penalty is
8-27     remitted.
 9-1           (d)  If the person gave a supersedeas bond and the penalty is
 9-2     not upheld by the court, the court shall order, when the court's
 9-3     judgment becomes final, the release of the bond.
 9-4           (e)  If the person gave a supersedeas bond and the amount of
 9-5     the penalty is reduced, the court shall order the release of the
 9-6     bond after the person pays the reduced amount.
 9-7           Sec. 401.561.  ADMINISTRATIVE PROCEDURE.  A proceeding under
 9-8     this section is a contested case under Chapter 2001, Government
 9-9     Code.
9-10           SECTION 6. Subchapter K, Chapter 402, Occupations Code, is
9-11     amended by adding Section 402.504 to read as follows:
9-12           Sec. 402.504.  EMERGENCY SUSPENSION. (a)  The board or a
9-13     three-member committee of board members designated by the board
9-14     shall temporarily suspend the license or permit of a license or
9-15     permit holder if the board or committee determines from the
9-16     evidence or information presented to it that continued practice by
9-17     the license or permit holder would constitute a continuing and
9-18     imminent threat to the public welfare.
9-19           (b)  A license or permit may be suspended under this section
9-20     without notice or hearing on the complaint if:
9-21                 (1)  action is taken to initiate proceedings for a
9-22     hearing before the State Office of Administrative Hearings
9-23     simultaneously with the temporary suspension; and
9-24                 (2)  a hearing is held as soon as practicable under
9-25     this chapter and Chapter 2001, Government Code.
9-26           (c)  The State Office of Administrative Hearings shall hold a
9-27     preliminary hearing not later than the 14th day after the date of
 10-1    the temporary suspension to determine if there is probable cause to
 10-2    believe that a continuing and imminent threat to the public welfare
 10-3    still exists.  A final hearing on the matter shall be held not
 10-4    later than the 61st day after the date of the temporary suspension.
 10-5          SECTION 7. Subchapter L, Chapter 402, Occupations Code, is
 10-6    amended by adding Section 402.553 to read as follows:
 10-7          Sec. 402.553.  CIVIL PENALTY. (a)  A person who violates this
 10-8    chapter or a rule or order adopted by the board under this chapter
 10-9    is liable for a civil penalty not to exceed $1,000 a day.
10-10          (b)  At the request of the board or department, the attorney
10-11    general shall bring an action to recover a civil penalty authorized
10-12    under this section.
10-13          SECTION 8. Subchapter F, Chapter 451, Occupations Code, is
10-14    amended by adding Section 451.255 to read as follows:
10-15          Sec. 451.255.  EMERGENCY SUSPENSION. (a)  The board or a
10-16    three-member committee of board members designated by the board
10-17    shall temporarily suspend the license of a license holder if the
10-18    board or committee determines from the evidence or information
10-19    presented to it that continued practice by the license holder would
10-20    constitute a continuing and imminent threat to the public welfare.
10-21          (b)  A license may be suspended under this section without
10-22    notice or hearing on the complaint if:
10-23                (1)  action is taken to initiate proceedings for a
10-24    hearing before the State Office of Administrative Hearings
10-25    simultaneously with the temporary suspension; and
10-26                (2)  a hearing is held as soon as practicable under
10-27    this chapter and Chapter 2001, Government Code.
 11-1          (c)  The State Office of Administrative Hearings shall hold a
 11-2    preliminary hearing not later than the 14th day after the date of
 11-3    the temporary suspension to determine if there is probable cause to
 11-4    believe that a continuing and imminent threat to the public welfare
 11-5    still exists.  A final hearing on the matter shall be held not
 11-6    later than the 61st day after the date of the temporary suspension.
 11-7          SECTION 9. Subchapter F, Chapter 455, Occupations Code, is
 11-8    amended by adding Section 455.254 to read as follows:
 11-9          Sec. 455.254.  EMERGENCY SUSPENSION. (a)  The board or a
11-10    three-member committee of board members designated by the board
11-11    shall temporarily suspend the certificate of registration of a
11-12    certificate holder if the board or committee determines from the
11-13    evidence or information presented to it that continued practice by
11-14    the certificate holder would constitute a continuing and imminent
11-15    threat to the public welfare.
11-16          (b)  A certificate of registration may be suspended under
11-17    this section without notice or hearing on the complaint if:
11-18                (1)  action is taken to initiate proceedings for a
11-19    hearing before the State Office of Administrative Hearings
11-20    simultaneously with the temporary suspension; and
11-21                (2)  a hearing is held as soon as practicable under
11-22    this chapter and Chapter 2001, Government Code.
11-23          (c)  The State Office of Administrative Hearings shall hold a
11-24    preliminary hearing not later than the 14th day after the date of
11-25    the temporary suspension to determine if there is probable cause to
11-26    believe that a continuing and imminent threat to the public welfare
11-27    still exists.  A final hearing on the matter shall be held not
 12-1    later than the 61st day after the date of the temporary suspension.
 12-2          SECTION 10. Subchapter H, Chapter 502, Occupations Code, is
 12-3    amended by adding Section 502.356 to read as follows:
 12-4          Sec. 502.356.  EMERGENCY SUSPENSION. (a)  The board or a
 12-5    three-member committee of board members designated by the board
 12-6    shall temporarily suspend the license of a license holder if the
 12-7    board or committee determines from the evidence or information
 12-8    presented to it that continued practice by the license holder would
 12-9    constitute a continuing and imminent threat to the public welfare.
12-10          (b)  A license may be suspended under this section without
12-11    notice or hearing on the complaint if:
12-12                (1)  action is taken to initiate proceedings for a
12-13    hearing before the State Office of Administrative Hearings
12-14    simultaneously with the temporary suspension; and
12-15                (2)  a hearing is held as soon as practicable under
12-16    this chapter and Chapter 2001, Government Code.
12-17          (c)  The State Office of Administrative Hearings shall hold a
12-18    preliminary hearing not later than the 14th day after the date of
12-19    the temporary suspension to determine if there is probable cause to
12-20    believe that a continuing and imminent threat to the public welfare
12-21    still exists.  A final hearing on the matter shall be held not
12-22    later than the 61st day after the date of the temporary suspension.
12-23          SECTION 11. Chapter 503, Occupations Code, is amended by
12-24    adding Subchapter K to read as follows:
12-25                   SUBCHAPTER K.  ADMINISTRATIVE PENALTY
12-26          Sec. 503.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The
12-27    board may impose an administrative penalty on a person licensed
 13-1    under this chapter who violates this chapter or a rule or order
 13-2    adopted under this chapter.
 13-3          Sec. 503.502.  AMOUNT OF ADMINISTRATIVE PENALTY. (a)  The
 13-4    amount of the administrative penalty may not be less than $50 or
 13-5    more than $500 for each violation.  Each day a violation continues
 13-6    or occurs is a separate violation for the purpose of imposing a
 13-7    penalty.
 13-8          (b)  The amount shall be based on:
 13-9                (1)  the seriousness of the violation, including the
13-10    nature, circumstances, extent, and gravity of the violation;
13-11                (2)  the economic harm caused by the violation;
13-12                (3)  the history of previous violations;
13-13                (4)  the amount necessary to deter a future violation;
13-14                (5)  efforts to correct the violation; and
13-15                (6)  any other matter that justice may require.
13-16          Sec. 503.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
13-17    (a) If the commissioner of public health determines that a
13-18    violation occurred, the commissioner may issue to the board a
13-19    report stating:
13-20                (1)  the facts on which the determination is based; and
13-21                (2)  the commissioner's recommendation on the
13-22    imposition of an administrative penalty, including a recommendation
13-23    on the amount of the penalty.
13-24          (b)  Within 14 days after the date the report is issued, the
13-25    commissioner shall give written notice of the report to the person.
13-26    The notice must:
13-27                (1)  include a brief summary of the alleged violation;
 14-1                (2)  state the amount of the recommended administrative
 14-2    penalty; and
 14-3                (3)  inform the person of the person's right to a
 14-4    hearing on the occurrence of the violation, the amount of the
 14-5    penalty, or both.
 14-6          Sec. 503.504.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)
 14-7    Within 10 days after the date the person receives the notice, the
 14-8    person in writing may:
 14-9                (1)  accept the determination and recommended
14-10    administrative penalty of the commissioner; or
14-11                (2)  make a request for a hearing on the occurrence of
14-12    the violation, the amount of the penalty, or both.
14-13          (b)  If the person accepts the determination and recommended
14-14    penalty of the commissioner, the board by order shall approve the
14-15    determination and impose the recommended penalty.
14-16          Sec. 503.505.  HEARING. (a)  If the person requests a hearing
14-17    or fails to respond in a timely manner to the notice, the
14-18    commissioner shall set a hearing and give written notice of the
14-19    hearing to the person.
14-20          (b)  An administrative law judge of the State Office of
14-21    Administrative Hearings shall hold the hearing.
14-22          (c)  The administrative law judge shall make findings of fact
14-23    and conclusions of law and promptly issue to the board a proposal
14-24    for a decision about the occurrence of the violation and the amount
14-25    of a proposed administrative penalty.
14-26          Sec. 503.506.  DECISION BY BOARD. (a)  Based on the findings
14-27    of fact, conclusions of law, and proposal for decision, the board
 15-1    by order may determine that:
 15-2                (1)  a violation occurred and impose an administrative
 15-3    penalty; or
 15-4                (2)  a violation did not occur.
 15-5          (b)  The notice of the board's order given to the person must
 15-6    include a statement of the right of the person to judicial review
 15-7    of the order.
 15-8          Sec. 503.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
 15-9    (a) Within 30 days after the date the board's order becomes final,
15-10    the person shall:
15-11                (1)  pay the administrative penalty; or
15-12                (2)  file a petition for judicial review contesting the
15-13    occurrence of the violation, the amount of the penalty, or both.
15-14          (b)  Within the 30-day period prescribed by Subsection (a), a
15-15    person who files a petition for judicial review may:
15-16                (1)  stay enforcement of the penalty by:
15-17                      (A)  paying the penalty to the court for
15-18    placement in an escrow account; or
15-19                      (B)  giving the court a supersedeas bond approved
15-20    by the court that:
15-21                            (i)  is for the amount of the penalty; and
15-22                            (ii)  is effective until all judicial
15-23    review of the board's order is final; or
15-24                (2)  request the court to stay enforcement of the
15-25    penalty by:
15-26                      (A)  filing with the court a sworn affidavit of
15-27    the person stating that the person is financially unable to pay the
 16-1    penalty and is financially unable to give the supersedeas bond; and
 16-2                      (B)  giving a copy of the affidavit to the
 16-3    commissioner by certified mail.
 16-4          (c)  If the commissioner receives a copy of an affidavit
 16-5    under Subsection (b)(2), the commissioner may file with the court,
 16-6    within five days after the date the copy is received, a contest to
 16-7    the affidavit.
 16-8          (d)  The court shall hold a hearing on the facts alleged in
 16-9    the affidavit as soon as practicable and shall stay the enforcement
16-10    of the penalty on finding that the alleged facts are true.  The
16-11    person who files an affidavit has the burden of proving that the
16-12    person is financially unable to pay the penalty and to give a
16-13    supersedeas bond.
16-14          Sec. 503.508.  COLLECTION OF PENALTY. (a)  If the person does
16-15    not pay the administrative penalty and the enforcement of the
16-16    penalty is not stayed, the penalty may be collected.
16-17          (b)  The attorney general may sue to collect the penalty.
16-18          Sec. 503.509.  DETERMINATION BY COURT. (a)  If the court
16-19    sustains the determination that a violation occurred, the court may
16-20    uphold or reduce the amount of the administrative penalty and order
16-21    the person to pay the full or reduced amount of the penalty.
16-22          (b)  If the court does not sustain the finding that a
16-23    violation occurred, the court shall order that a penalty is not
16-24    owed.
16-25          Sec. 503.510.  REMITTANCE OF PENALTY AND INTEREST. (a)  If
16-26    the person paid the administrative penalty and if the amount of the
16-27    penalty is reduced or the penalty is not upheld by the court, the
 17-1    court shall order, when the court's judgment becomes final, that
 17-2    the appropriate amount plus accrued interest be remitted to the
 17-3    person.
 17-4          (b)  The interest accrues at the rate charged on loans to
 17-5    depository institutions by the New York Federal Reserve Bank.
 17-6          (c)  The interest shall be paid for the period beginning on
 17-7    the date the penalty is paid and ending on the date the penalty is
 17-8    remitted.
 17-9          (d)  If the person gave a supersedeas bond and the penalty is
17-10    not upheld by the court, the court shall order, when the court's
17-11    judgment becomes final, the release of the bond.
17-12          (e)  If the person gave a supersedeas bond and the amount of
17-13    the penalty is reduced, the court shall order the release of the
17-14    bond after the person pays the reduced amount.
17-15          Sec. 503.511.  ADMINISTRATIVE PROCEDURE.  A proceeding under
17-16    this section is a contested case under Chapter 2001, Government
17-17    Code.
17-18          SECTION 12. Subchapter J, Chapter 505, Occupations Code, is
17-19    amended by adding Section 505.507 to read as follows:
17-20          Sec. 505.507.  CRIMINAL PENALTY. (a)  A person required to
17-21    hold a license under this chapter commits an offense if the person
17-22    knowingly acts as a social worker without holding a license issued
17-23    under this chapter.
17-24          (b)  An offense under Subsection (a)  is a Class B
17-25    misdemeanor.
17-26          SECTION 13. Subchapter G, Chapter 601, Occupations Code, is
17-27    amended by adding Section 601.306 to read as follows:
 18-1          Sec. 601.306.  EMERGENCY SUSPENSION. (a)  The board or a
 18-2    three-member committee of board members designated by the board
 18-3    shall temporarily suspend the certificate of a certificate holder
 18-4    if the board or committee determines from the evidence or
 18-5    information presented to it that continued practice by the
 18-6    certificate holder would constitute a continuing and imminent
 18-7    threat to the public welfare.
 18-8          (b)  A certificate may be suspended under this section
 18-9    without notice or hearing on the complaint if:
18-10                (1)  action is taken to initiate proceedings for a
18-11    hearing before the State Office of Administrative Hearings
18-12    simultaneously with the temporary suspension; and
18-13                (2)  a hearing is held as soon as practicable under
18-14    this chapter and Chapter 2001, Government Code.
18-15          (c)  The State Office of Administrative Hearings shall hold a
18-16    preliminary hearing not later than the 14th day after the date of
18-17    the temporary suspension to determine if there is probable cause to
18-18    believe that a continuing and imminent threat to the public welfare
18-19    still exists.  A final hearing on the matter shall be held not
18-20    later than the 61st day after the date of the temporary suspension.
18-21          SECTION 14. Subchapter F, Chapter 602, Occupations Code, is
18-22    amended by adding Section 602.254 to read as follows:
18-23          Sec. 602.254.  EMERGENCY SUSPENSION. (a)  The board or a
18-24    three-member committee of board members designated by the board
18-25    shall temporarily suspend the license of a license holder if the
18-26    board or committee determines from the evidence or information
18-27    presented to it that continued practice by the license holder would
 19-1    constitute a continuing and imminent threat to the public welfare.
 19-2          (b)  A license may be suspended under this section without
 19-3    notice or hearing on the complaint if:
 19-4                (1)  action is taken to initiate proceedings for a
 19-5    hearing before the State Office of Administrative Hearings
 19-6    simultaneously with the temporary suspension; and
 19-7                (2)  a hearing is held as soon as practicable under
 19-8    this chapter and Chapter 2001, Government Code.
 19-9          (c)  The State Office of Administrative Hearings shall hold a
19-10    preliminary hearing not later than the 14th day after the date of
19-11    the temporary suspension to determine if there is probable cause to
19-12    believe that a continuing and imminent threat to the public welfare
19-13    still exists.  A final hearing on the matter shall be held not
19-14    later than the 61st day after the date of the temporary suspension.
19-15          SECTION 15. Subchapter G, Chapter 602, Occupations Code, is
19-16    amended by adding Section 602.3015 to read as follows:
19-17          Sec. 602.3015.  CIVIL PENALTY. (a)  A person who violates
19-18    this chapter or a rule or order adopted by the board under this
19-19    chapter is liable for a civil penalty not to exceed $1,000 a day.
19-20          (b)  At the request of the board or department, the attorney
19-21    general shall bring an action to recover a civil penalty authorized
19-22    under this section.
19-23          SECTION 16. Section 602.302, Occupations Code, is amended to
19-24    read as follows:
19-25          Sec. 602.302.  OFFENSE. (a)  A person commits an offense if
19-26    the person [knowingly]:
19-27                (1)  practices medical physics without holding a
 20-1    license under this chapter;
 20-2                (2)  practices a specialty of medical physics without
 20-3    holding a license for the specialty;
 20-4                (3)  knowingly practices medical physics in violation
 20-5    of this chapter; or
 20-6                (4)  knowingly [(2)] uses in any manner letters,
 20-7    terminology, symbols, or signs to indicate or imply that the person
 20-8    is qualified or licensed to practice medical physics in a manner
 20-9    for which the person is not licensed under this chapter.
20-10          (b)  An offense under this section is a Class A [B]
20-11    misdemeanor.
20-12          SECTION 17. Subchapter I, Chapter 603, Occupations Code, is
20-13    amended by adding Section 603.408 to read as follows:
20-14          Sec. 603.408.  EMERGENCY SUSPENSION. (a)  The board or a
20-15    three-member committee of board members designated by the board
20-16    shall temporarily suspend the license of a license holder if the
20-17    board or committee determines from the evidence or information
20-18    presented to it that continued practice by the license holder would
20-19    constitute a continuing and imminent threat to the public welfare.
20-20          (b)  A license may be suspended under this section without
20-21    notice or hearing on the complaint if:
20-22                (1)  action is taken to initiate proceedings for a
20-23    hearing before the State Office of Administrative Hearings
20-24    simultaneously with the temporary suspension; and
20-25                (2)  a hearing is held as soon as practicable under
20-26    this chapter and Chapter 2001, Government Code.
20-27          (c)  The State Office of Administrative Hearings shall hold a
 21-1    preliminary hearing not later than the 14th day after the date of
 21-2    the temporary suspension to determine if there is probable cause to
 21-3    believe that a continuing and imminent threat to the public welfare
 21-4    still exists.  A final hearing on the matter shall be held not
 21-5    later than the 61st day after the date of the temporary suspension.
 21-6          SECTION 18. Subchapter J, Chapter 603, Occupations Code, is
 21-7    amended by adding Section 603.4515 to read as follows:
 21-8          Sec. 603.4515.  CIVIL PENALTY. (a)  A person who violates
 21-9    this chapter or a rule or order adopted by the board under this
21-10    chapter is liable for a civil penalty not to exceed $1,000 a day.
21-11          (b)  At the request of the board or department, the attorney
21-12    general shall bring an action to recover a civil penalty authorized
21-13    under this section.
21-14          SECTION 19. Chapter 603, Occupations Code, is amended by
21-15    adding Subchapter K to read as follows:
21-16                   SUBCHAPTER K.  ADMINISTRATIVE PENALTY
21-17          Sec. 603.501.  IMPOSITION OF ADMINISTRATIVE PENALTY. The
21-18    board may impose an administrative penalty on a person licensed
21-19    under this chapter who violates this chapter or a rule or order
21-20    adopted under this chapter.
21-21          Sec. 603.502.  AMOUNT OF ADMINISTRATIVE PENALTY. (a)  The
21-22    amount of the administrative penalty may not be less than $50 or
21-23    more than $500 for each violation.  Each day a violation continues
21-24    or occurs is a separate violation for the purpose of imposing a
21-25    penalty.
21-26          (b)  The amount shall be based on:
21-27                (1)  the seriousness of the violation, including the
 22-1    nature, circumstances, extent, and gravity of the violation;
 22-2                (2)  the economic harm caused by the violation;
 22-3                (3)  the history of previous violations;
 22-4                (4)  the amount necessary to deter a future violation;
 22-5                (5)  efforts to correct the violation; and
 22-6                (6)  any other matter that justice may require.
 22-7          Sec. 603.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
 22-8    (a)  If the commissioner determines that a violation occurred, the
 22-9    commissioner may issue to the board a report stating:
22-10                (1)  the facts on which the determination is based; and
22-11                (2)  the commissioner's recommendation on the
22-12    imposition of an administrative penalty, including a recommendation
22-13    on the amount of the penalty.
22-14          (b)  Within 14 days after the date the report is issued, the
22-15    commissioner shall give written notice of the report to the person.
22-16    The notice must:
22-17                (1)  include a brief summary of the alleged violation;
22-18                (2)  state the amount of the recommended administrative
22-19    penalty; and
22-20                (3)  inform the person of the person's right to a
22-21    hearing on the occurrence of the violation, the amount of the
22-22    penalty, or both.
22-23          Sec. 603.504.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)
22-24    Within 10 days after the date the person receives the notice, the
22-25    person in writing may:
22-26                (1)  accept the determination and recommended
22-27    administrative penalty of the commissioner; or
 23-1                (2)  make a request for a hearing on the occurrence of
 23-2    the violation, the amount of the penalty, or both.
 23-3          (b)  If the person accepts the determination and recommended
 23-4    penalty of the commissioner, the board by order shall approve the
 23-5    determination and impose the recommended penalty.
 23-6          Sec. 603.505.  HEARING. (a)  If the person requests a hearing
 23-7    or fails to respond in a timely manner to the notice, the
 23-8    commissioner shall set a hearing and give written notice of the
 23-9    hearing to the person.
23-10          (b)  An administrative law judge of the State Office of
23-11    Administrative Hearings shall hold the hearing.
23-12          (c)  The administrative law judge shall make findings of fact
23-13    and conclusions of law and promptly issue to the board a proposal
23-14    for a decision about the occurrence of the violation and the amount
23-15    of a proposed administrative penalty.
23-16          Sec. 603.506.  DECISION BY BOARD. (a)  Based on the findings
23-17    of fact, conclusions of law, and proposal for decision, the board
23-18    by order may determine that:
23-19                (1)  a violation occurred and impose an administrative
23-20    penalty; or
23-21                (2)  a violation did not occur.
23-22          (b)  The notice of the board's order given to the person must
23-23    include a statement of the right of the person to judicial review
23-24    of the order.
23-25          Sec. 603.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
23-26    (a)  Within 30 days after the date the board's order becomes final,
23-27    the person shall:
 24-1                (1)  pay the administrative penalty; or
 24-2                (2)  file a petition for judicial review contesting the
 24-3    occurrence of the violation, the amount of the penalty, or both.
 24-4          (b)  Within the 30-day period prescribed by Subsection (a), a
 24-5    person who files a petition for judicial review may:
 24-6                (1)  stay enforcement of the penalty by:
 24-7                      (A)  paying the penalty to the court for
 24-8    placement in an escrow account; or
 24-9                      (B)  giving the court a supersedeas bond approved
24-10    by the court that:
24-11                            (i)  is for the amount of the penalty; and
24-12                            (ii)  is effective until all judicial
24-13    review of the board's order is final; or
24-14                (2)  request the court to stay enforcement of the
24-15    penalty by:
24-16                      (A)  filing with the court a sworn affidavit of
24-17    the person stating that the person is financially unable to pay the
24-18    penalty and is financially unable to give the supersedeas bond; and
24-19                      (B)  giving a copy of the affidavit to the
24-20    executive director by certified mail.
24-21          (c)  If the commissioner receives a copy of an affidavit
24-22    under Subsection (b)(2), the commissioner may file with the court,
24-23    within five days after the date the copy is received, a contest to
24-24    the affidavit.
24-25          (d)  The court shall hold a hearing on the facts alleged in
24-26    the affidavit as soon as practicable and shall stay the enforcement
24-27    of the penalty on finding that the alleged facts are true.  The
 25-1    person who files an affidavit has the burden of proving that the
 25-2    person is financially unable to pay the penalty and to give a
 25-3    supersedeas bond.
 25-4          Sec. 603.508.  COLLECTION OF PENALTY. (a)  If the person does
 25-5    not pay the administrative penalty and the enforcement of the
 25-6    penalty is not stayed, the penalty may be collected.
 25-7          (b)  The attorney general may sue to collect the penalty.
 25-8          Sec. 603.509.  DETERMINATION BY COURT. (a)  If the court
 25-9    sustains the determination that a violation occurred, the court may
25-10    uphold or reduce the amount of the administrative penalty and order
25-11    the person to pay the full or reduced amount of the penalty.
25-12          (b)  If the court does not sustain the finding that a
25-13    violation occurred, the court shall order that a penalty is not
25-14    owed.
25-15          Sec. 603.510.  REMITTANCE OF PENALTY AND INTEREST. (a)  If
25-16    the person paid the administrative penalty and if the amount of the
25-17    penalty is reduced or the penalty is not upheld by the court, the
25-18    court shall order, when the court's judgment becomes final, that
25-19    the appropriate amount plus accrued interest be remitted to the
25-20    person.
25-21          (b)  The interest accrues at the rate charged on loans to
25-22    depository institutions by the New York Federal Reserve Bank.
25-23          (c)  The interest shall be paid for the period beginning on
25-24    the date the penalty is paid and ending on the date the penalty is
25-25    remitted.
25-26          (d)  If the person gave a supersedeas bond and the penalty is
25-27    not upheld by the court, the court shall order, when the court's
 26-1    judgment becomes final, the release of the bond.
 26-2          (e)  If the person gave a supersedeas bond and the amount of
 26-3    the penalty is reduced, the court shall order the release of the
 26-4    bond after the person pays the reduced amount.
 26-5          Sec. 603.511.  ADMINISTRATIVE PROCEDURE. A proceeding under
 26-6    this section is a contested case under Chapter 2001, Government
 26-7    Code.
 26-8          SECTION 20. Subchapter H, Chapter 605, Occupations Code, is
 26-9    amended by adding Section 605.3535 to read as follows:
26-10          Sec. 605.3535.  EMERGENCY SUSPENSION. (a)  The board or a
26-11    three-member committee of board members designated by the board
26-12    shall temporarily suspend the license of a license holder if the
26-13    board or committee determines from the evidence or information
26-14    presented to it that continued practice by the license holder would
26-15    constitute a continuing and imminent threat to the public welfare.
26-16          (b)  A license may be suspended under this section without
26-17    notice or hearing on the complaint if:
26-18                (1)  action is taken to initiate proceedings for a
26-19    hearing before the State Office of Administrative Hearings
26-20    simultaneously with the temporary suspension; and
26-21                (2)  a hearing is held as soon as practicable under
26-22    this chapter and Chapter 2001, Government Code.
26-23          (c)  The State Office of Administrative Hearings shall hold a
26-24    preliminary hearing not later than the 14th day after the date of
26-25    the temporary suspension to determine if there is probable cause to
26-26    believe that a continuing and imminent threat to the public welfare
26-27    still exists.  A final hearing on the matter shall be held not
 27-1    later than the 61st day after the date of the temporary suspension.
 27-2          SECTION 21. Subchapter H, Chapter 605, Occupations Code, is
 27-3    amended by adding Section 605.356 to read as follows:
 27-4          Sec. 605.356.  CRIMINAL PENALTY. (a)  A person required to
 27-5    hold a license under this chapter commits an offense if the person
 27-6    knowingly practices, attempts to practice, or offers to practice
 27-7    orthotics or prosthetics without holding a license issued under
 27-8    this chapter.
 27-9          (b)  An offense under Subsection (a)  is a Class B
27-10    misdemeanor.
27-11          SECTION 22. Chapter 605, Occupations Code, is amended by
27-12    adding Subchapter I to read as follows:
27-13                   SUBCHAPTER I.  ADMINISTRATIVE PENALTY
27-14          Sec. 605.401.  IMPOSITION OF ADMINISTRATIVE PENALTY. The
27-15    board may impose an administrative penalty on a person licensed
27-16    under this chapter who violates this chapter or a rule or order
27-17    adopted under this chapter.
27-18          Sec. 605.402.  AMOUNT OF ADMINISTRATIVE PENALTY. (a)  The
27-19    amount of the administrative penalty may not be less than $50 or
27-20    more than $500 for each violation.  Each day a violation continues
27-21    or occurs is a separate violation for the purpose of imposing a
27-22    penalty.
27-23          (b)  The amount shall be based on:
27-24                (1)  the seriousness of the violation, including the
27-25    nature, circumstances, extent, and gravity of the violation;
27-26                (2)  the economic harm caused by the violation;
27-27                (3)  the history of previous violations;
 28-1                (4)  the amount necessary to deter a future violation;
 28-2                (5)  efforts to correct the violation; and
 28-3                (6)  any other matter that justice may require.
 28-4          Sec. 605.403.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
 28-5    (a) If the executive director determines that a violation occurred,
 28-6    the director may issue to the board a report stating:
 28-7                (1)  the facts on which the determination is based; and
 28-8                (2)  the director's recommendation on the imposition of
 28-9    an administrative penalty, including a recommendation on the amount
28-10    of the penalty.
28-11          (b)  Within 14 days after the date the report is issued, the
28-12    executive director shall give written notice of the report to the
28-13    person.  The notice must:
28-14                (1)  include a brief summary of the alleged violation;
28-15                (2)  state the amount of the recommended administrative
28-16    penalty; and
28-17                (3)  inform the person of the person's right to a
28-18    hearing on the occurrence of the violation, the amount of the
28-19    penalty, or both.
28-20          Sec. 605.404.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)
28-21    Within 10 days after the date the person receives the notice, the
28-22    person in writing may:
28-23                (1)  accept the determination and recommended
28-24    administrative penalty of the executive director; or
28-25                (2)  make a request for a hearing on the occurrence of
28-26    the violation, the amount of the penalty, or both.
28-27          (b)  If the person accepts the determination and recommended
 29-1    penalty of the executive director, the board by order shall approve
 29-2    the determination and impose the recommended penalty.
 29-3          Sec. 605.405.  HEARING. (a)  If the person requests a hearing
 29-4    or fails to respond in a timely manner to the notice, the executive
 29-5    director shall set a hearing and give written notice of the hearing
 29-6    to the person.
 29-7          (b)  An administrative law judge of the State Office of
 29-8    Administrative Hearings shall hold the hearing.
 29-9          (c)  The administrative law judge shall make findings of fact
29-10    and conclusions of law and promptly issue to the board a proposal
29-11    for a decision about the occurrence of the violation and the amount
29-12    of a proposed administrative penalty.
29-13          Sec. 605.406.  DECISION BY BOARD. (a)  Based on the findings
29-14    of fact, conclusions of law, and proposal for decision, the board
29-15    by order may determine that:
29-16                (1)  a violation occurred and impose an administrative
29-17    penalty; or
29-18                (2)  a violation did not occur.
29-19          (b)  The notice of the board's order given to the person must
29-20    include a statement of the right of the person to judicial review
29-21    of the order.
29-22          Sec. 605.407.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
29-23    (a) Within 30 days after the date the board's order becomes final,
29-24    the person shall:
29-25                (1)  pay the administrative penalty; or
29-26                (2)  file a petition for judicial review contesting the
29-27    occurrence of the violation, the amount of the penalty, or both.
 30-1          (b)  Within the 30-day period prescribed by Subsection (a), a
 30-2    person who files a petition for judicial review may:
 30-3                (1)  stay enforcement of the penalty by:
 30-4                      (A)  paying the penalty to the court for
 30-5    placement in an escrow account; or
 30-6                      (B)  giving the court a supersedeas bond approved
 30-7    by the court that:
 30-8                            (i)  is for the amount of the penalty; and
 30-9                            (ii)  is effective until all judicial
30-10    review of the board's order is final; or
30-11                (2)  request the court to stay enforcement of the
30-12    penalty by:
30-13                      (A)  filing with the court a sworn affidavit of
30-14    the person stating that the person is financially unable to pay the
30-15    penalty and is financially unable to give the supersedeas bond; and
30-16                      (B)  giving a copy of the affidavit to the
30-17    executive director by certified mail.
30-18          (c)  If the executive director receives a copy of an
30-19    affidavit under Subsection (b)(2), the director may file with the
30-20    court, within five days after the date the copy is received, a
30-21    contest to the affidavit.
30-22          (d)  The court shall hold a hearing on the facts alleged in
30-23    the affidavit as soon as practicable and shall stay the enforcement
30-24    of the penalty on finding that the alleged facts are true.  The
30-25    person who files an affidavit has the burden of proving that the
30-26    person is financially unable to pay the penalty and to give a
30-27    supersedeas bond.
 31-1          Sec. 605.408.  COLLECTION OF PENALTY. (a)  If the person does
 31-2    not pay the administrative penalty and the enforcement of the
 31-3    penalty is not stayed, the penalty may be collected.
 31-4          (b)  The attorney general may sue to collect the penalty.
 31-5          Sec. 605.409.  DETERMINATION BY COURT. (a)  If the court
 31-6    sustains the determination that a violation occurred, the court may
 31-7    uphold or reduce the amount of the administrative penalty and order
 31-8    the person to pay the full or reduced amount of the penalty.
 31-9          (b)  If the court does not sustain the finding that a
31-10    violation occurred, the court shall order that a penalty is not
31-11    owed.
31-12          Sec. 605.410.  REMITTANCE OF PENALTY AND INTEREST. (a)  If
31-13    the person paid the administrative penalty and if the amount of the
31-14    penalty is reduced or the penalty is not upheld by the court, the
31-15    court shall order, when the court's judgment becomes final, that
31-16    the appropriate amount plus accrued interest be remitted to the
31-17    person.
31-18          (b)  The interest accrues at the rate charged on loans to
31-19    depository institutions by the New York Federal Reserve Bank.
31-20          (c)  The interest shall be paid for the period beginning on
31-21    the date the penalty is paid and ending on the date the penalty is
31-22    remitted.
31-23          (d)  If the person gave a supersedeas bond and the penalty is
31-24    not upheld by the court, the court shall order, when the court's
31-25    judgment becomes final, the release of the bond.
31-26          (e)  If the person gave a supersedeas bond and the amount of
31-27    the penalty is reduced, the court shall order the release of the
 32-1    bond after the person pays the reduced amount.
 32-2          Sec. 605.411.  ADMINISTRATIVE PROCEDURE.  A proceeding under
 32-3    this section is a contested case under Chapter 2001, Government
 32-4    Code.
 32-5          SECTION 23. Subchapter I, Chapter 701, Occupations Code, is
 32-6    amended by adding Section 701.408 to read as follows:
 32-7          Sec. 701.408.  EMERGENCY SUSPENSION. (a)  The board or a
 32-8    three-member committee of board members designated by the board
 32-9    shall temporarily suspend the license of a license holder if the
32-10    board or committee determines from the evidence or information
32-11    presented to it that continued practice by the license holder would
32-12    constitute a continuing and imminent threat to the public welfare.
32-13          (b)  A license may be suspended under this section without
32-14    notice or hearing on the complaint if:
32-15                (1)  action is taken to initiate proceedings for a
32-16    hearing before the State Office of Administrative Hearings
32-17    simultaneously with the temporary suspension; and
32-18                (2)  a hearing is held as soon as practicable under
32-19    this chapter and Chapter 2001, Government Code.
32-20          (c)  The State Office of Administrative Hearings shall hold a
32-21    preliminary hearing not later than the 14th day after the date of
32-22    the temporary suspension to determine if there is probable cause to
32-23    believe that a continuing and imminent threat to the public welfare
32-24    still exists.  A final hearing on the matter shall be held not
32-25    later than the 61st day after the date of the temporary suspension.
32-26          SECTION 24. Chapter 701, Occupations Code, is amended by
32-27    adding Subchapter K to read as follows:
 33-1                   SUBCHAPTER K.  ADMINISTRATIVE PENALTY
 33-2          Sec. 701.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The
 33-3    board may impose an administrative penalty on a person licensed
 33-4    under this chapter who violates this chapter or a rule or order
 33-5    adopted under this chapter.
 33-6          Sec. 701.502.  AMOUNT OF ADMINISTRATIVE PENALTY. (a)  The
 33-7    amount of the administrative penalty may not be less than $50 or
 33-8    more than $500 for each violation.  Each day a violation continues
 33-9    or occurs is a separate violation for the purpose of imposing a
33-10    penalty.
33-11          (b)  The amount shall be based on:
33-12                (1)  the seriousness of the violation, including the
33-13    nature, circumstances, extent, and gravity of the violation;
33-14                (2)  the economic harm caused by the violation;
33-15                (3)  the history of previous violations;
33-16                (4)  the amount necessary to deter a future violation;
33-17                (5)  efforts to correct the violation; and
33-18                (6)  any other matter that justice may require.
33-19          Sec. 701.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
33-20    (a) If the commissioner determines that a violation occurred, the
33-21    commissioner may issue to the board a report stating:
33-22                (1)  the facts on which the determination is based; and
33-23                (2)  the commissioner's recommendation on the
33-24    imposition of an administrative penalty, including a recommendation
33-25    on the amount of the penalty.
33-26          (b)  Within 14 days after the date the report is issued, the
33-27    commissioner shall give written notice of the report to the person.
 34-1    The notice must:
 34-2                (1)  include a brief summary of the alleged violation;
 34-3                (2)  state the amount of the recommended administrative
 34-4    penalty; and
 34-5                (3)  inform the person of the person's right to a
 34-6    hearing on the occurrence of the violation, the amount of the
 34-7    penalty, or both.
 34-8          Sec. 701.504.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)
 34-9    Within 10 days after the date the person receives the notice, the
34-10    person in writing may:
34-11                (1)  accept the determination and recommended
34-12    administrative penalty of the commissioner; or
34-13                (2)  make a request for a hearing on the occurrence of
34-14    the violation, the amount of the penalty, or both.
34-15          (b)  If the person accepts the determination and recommended
34-16    penalty of the commissioner, the board by order shall approve the
34-17    determination and impose the recommended penalty.
34-18          Sec. 701.505.  HEARING. (a)  If the person requests a hearing
34-19    or fails to respond in a timely manner to the notice, the
34-20    commissioner shall set a hearing and give written notice of the
34-21    hearing to the person.
34-22          (b)  An administrative law judge of the State Office of
34-23    Administrative Hearings shall hold the hearing.
34-24          (c)  The administrative law judge shall make findings of fact
34-25    and conclusions of law and promptly issue to the board a proposal
34-26    for a decision about the occurrence of the violation and the amount
34-27    of a proposed administrative penalty.
 35-1          Sec. 701.506.  DECISION BY BOARD. (a)  Based on the findings
 35-2    of fact, conclusions of law, and proposal for decision, the board
 35-3    by order may determine that:
 35-4                (1)  a violation occurred and impose an administrative
 35-5    penalty; or
 35-6                (2)  a violation did not occur.
 35-7          (b)  The notice of the board's order given to the person must
 35-8    include a statement of the right of the person to judicial review
 35-9    of the order.
35-10          Sec. 701.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
35-11    (a)  Within 30 days after the date the board's order becomes final,
35-12    the person shall:
35-13                (1)  pay the administrative penalty; or
35-14                (2)  file a petition for judicial review contesting the
35-15    occurrence of the violation, the amount of the penalty, or both.
35-16          (b)  Within the 30-day period prescribed by Subsection (a), a
35-17    person who files a petition for judicial review may:
35-18                (1)  stay enforcement of the penalty by:
35-19                      (A)  paying the penalty to the court for
35-20    placement in an escrow account; or
35-21                      (B)  giving the court a supersedeas bond approved
35-22    by the court that:
35-23                            (i)  is for the amount of the penalty; and
35-24                            (ii)  is effective until all judicial
35-25    review of the board's order is final; or
35-26                (2)  request the court to stay enforcement of the
35-27    penalty by:
 36-1                      (A)  filing with the court a sworn affidavit of
 36-2    the person stating that the person is financially unable to pay the
 36-3    penalty and is financially unable to give the supersedeas bond; and
 36-4                      (B)  giving a copy of the affidavit to the
 36-5    executive director by certified mail.
 36-6          (c)  If the commissioner receives a copy of an affidavit
 36-7    under Subsection (b)(2), the commissioner may file with the court,
 36-8    within five days after the date the copy is received, a contest to
 36-9    the affidavit.
36-10          (d)  The court shall hold a hearing on the facts alleged in
36-11    the affidavit as soon as practicable and shall stay the enforcement
36-12    of the penalty on finding that the alleged facts are true.  The
36-13    person who files an affidavit has the burden of proving that the
36-14    person is financially unable to pay the penalty and to give a
36-15    supersedeas bond.
36-16          Sec. 701.508.  COLLECTION OF PENALTY. (a)  If the person does
36-17    not pay the administrative penalty and the enforcement of the
36-18    penalty is not stayed, the penalty may be collected.
36-19          (b)  The attorney general may sue to collect the penalty.
36-20          Sec. 701.509.  DETERMINATION BY COURT. (a)  If the court
36-21    sustains the determination that a violation occurred, the court may
36-22    uphold or reduce the amount of the administrative penalty and order
36-23    the person to pay the full or reduced amount of the penalty.
36-24          (b)  If the court does not sustain the finding that a
36-25    violation occurred, the court shall order that a penalty is not
36-26    owed.
36-27          Sec. 701.510.  REMITTANCE OF PENALTY AND INTEREST. (a)  If
 37-1    the person paid the administrative penalty and if the amount of the
 37-2    penalty is reduced or the penalty is not upheld by the court, the
 37-3    court shall order, when the court's judgment becomes final, that
 37-4    the appropriate amount plus accrued interest be remitted to the
 37-5    person.
 37-6          (b)  The interest accrues at the rate charged on loans to
 37-7    depository institutions by the New York Federal Reserve Bank.
 37-8          (c)  The interest shall be paid for the period beginning on
 37-9    the date the penalty is paid and ending on the date the penalty is
37-10    remitted.
37-11          (d)  If the person gave a supersedeas bond and the penalty is
37-12    not upheld by the court, the court shall order, when the court's
37-13    judgment becomes final, the release of the bond.
37-14          (e)  If the person gave a supersedeas bond and the amount of
37-15    the penalty is reduced, the court shall order the release of the
37-16    bond after the person pays the reduced amount.
37-17          Sec. 701.511.  ADMINISTRATIVE PROCEDURE.  A proceeding under
37-18    this section is a contested case under Chapter 2001, Government
37-19    Code.
37-20          SECTION 25. Chapter 462, Acts of the 68th Legislature,
37-21    Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
37-22    Statutes), is amended by adding Sections 13D and 13E to read as
37-23    follows:
37-24          Sec. 13D.  EMERGENCY SUSPENSION. (a)  The council or a
37-25    three-member committee of council members designated by the council
37-26    shall temporarily suspend the registration of a registration holder
37-27    if the council or committee determines from the evidence or
 38-1    information presented to it that continued practice by the
 38-2    registration holder would constitute a continuing and imminent
 38-3    threat to the public welfare.
 38-4          (b)  A registration may be suspended under this section
 38-5    without notice or hearing on the complaint if:
 38-6                (1)  action is taken to initiate proceedings for a
 38-7    hearing before the State Office of Administrative Hearings
 38-8    simultaneously with the temporary suspension; and
 38-9                (2)  a hearing is held as soon as practicable under
38-10    this chapter and Chapter 2001, Government Code.
38-11          (c)  The State Office of Administrative Hearings shall hold a
38-12    preliminary hearing not later than the 14th day after the date of
38-13    the temporary suspension to determine if there is probable cause to
38-14    believe that a continuing and imminent threat to the public welfare
38-15    still exists.  A final hearing on the matter shall be held not
38-16    later than the 61st day after the date of the temporary suspension.
38-17          Sec. 13E.  ADMINISTRATIVE PENALTY. (a)  The council may
38-18    impose an administrative penalty on a person registered under this
38-19    Act who violates this Act or a rule or order adopted under this
38-20    Act.
38-21          (b)  The amount of the administrative penalty may not be less
38-22    than $50 or more than $500 for each violation.  Each day a
38-23    violation continues or occurs is a separate violation for the
38-24    purpose of imposing a penalty.  The amount shall be based on:
38-25                (1)  the seriousness of the violation, including the
38-26    nature, circumstances, extent, and gravity of the violation;
38-27                (2)  the economic harm caused by the violation;
 39-1                (3)  the history of previous violations;
 39-2                (4)  the amount necessary to deter a future violation;
 39-3                (5)  efforts to correct the violation; and
 39-4                (6)  any other matter that justice may require.
 39-5          (c)  If the executive director determines that a violation
 39-6    occurred, the director may issue to the council a report stating:
 39-7                (1)  the facts on which the determination is based; and
 39-8                (2)  the director's recommendation on the imposition of
 39-9    an administrative penalty, including a recommendation on the amount
39-10    of the penalty.
39-11          (d)  Within 14 days after the date the report is issued, the
39-12    executive director shall give written notice of the report to the
39-13    person.  The notice must:
39-14                (1)  include a brief summary of the alleged violation;
39-15                (2)  state the amount of the recommended administrative
39-16    penalty; and
39-17                (3)  inform the person of the person's right to a
39-18    hearing on the occurrence of the violation, the amount of the
39-19    penalty, or both.
39-20          (e)  Within 10 days after the date the person receives the
39-21    notice, the person in writing may:
39-22                (1)  accept the determination and recommended
39-23    administrative penalty of the executive director; or
39-24                (2)  make a request for a hearing on the occurrence of
39-25    the violation, the amount of the penalty, or both.
39-26          (f)  If the person accepts the determination and recommended
39-27    penalty of the executive director, the council by order shall
 40-1    approve the determination and impose the recommended penalty.
 40-2          (g)  If the person requests a hearing or fails to respond in
 40-3    a timely manner to the notice, the executive director shall set a
 40-4    hearing and give written notice of the hearing to the person.
 40-5          (h)  An administrative law judge of the State Office of
 40-6    Administrative Hearings shall hold the hearing.
 40-7          (i)  The administrative law judge shall make findings of fact
 40-8    and conclusions of law and promptly issue to the board a proposal
 40-9    for a decision about the occurrence of the violation and the amount
40-10    of a proposed administrative penalty.
40-11          (j)  Based on the findings of fact, conclusions of law, and
40-12    proposal for decision, the council by order may determine that:
40-13                (1)  a violation occurred and impose an administrative
40-14    penalty; or
40-15                (2)  a violation did not occur.
40-16          (k)  The notice of the council's order given to the person
40-17    must include a statement of the right of the person to judicial
40-18    review of the order.
40-19          (l)  Within 30 days after the date the council's order
40-20    becomes final, the person shall:
40-21                (1)  pay the administrative penalty; or
40-22                (2)  file a petition for judicial review contesting the
40-23    occurrence of the violation, the amount of the penalty, or both.
40-24          (m)  Within the 30-day period prescribed by Subsection (l), a
40-25    person who files a petition for judicial review may:
40-26                (1)  stay enforcement of the penalty by:
40-27                      (A)  paying the penalty to the court for
 41-1    placement in an escrow account; or
 41-2                      (B)  giving the court a supersedeas bond approved
 41-3    by the court that:
 41-4                            (i)  is for the amount of the penalty; and
 41-5                            (ii)  is effective until all judicial
 41-6    review of the council's order is final; or
 41-7                (2)  request the court to stay enforcement of the
 41-8    penalty by:
 41-9                      (A)  filing with the court a sworn affidavit of
41-10    the person stating that the person is financially unable to pay the
41-11    penalty and is financially unable to give the supersedeas bond; and
41-12                      (B)  giving a copy of the affidavit to the
41-13    executive director by certified mail.
41-14          (n)  If the executive director receives a copy of an
41-15    affidavit under Subsection (m)(2), the director may file with the
41-16    court, within five days after the date the copy is received, a
41-17    contest to the affidavit.
41-18          (o)  The court shall hold a hearing on the facts alleged in
41-19    the affidavit as soon as practicable and shall stay the enforcement
41-20    of the penalty on finding that the alleged facts are true.  The
41-21    person who files an affidavit has the burden of proving that the
41-22    person is financially unable to pay the penalty and to give a
41-23    supersedeas bond.
41-24          (p)  If the person does not pay the administrative penalty
41-25    and the enforcement of the penalty is not stayed, the penalty may
41-26    be collected.  The attorney general may sue to collect the penalty.
41-27          (q)  If the court sustains the determination that a violation
 42-1    occurred, the court may uphold or reduce the amount of the
 42-2    administrative penalty and order the person to pay the full or
 42-3    reduced amount of the penalty.  If the court does not sustain the
 42-4    finding that a violation occurred, the court shall order that a
 42-5    penalty is not owed.
 42-6          (r)  If the person paid the administrative penalty and if the
 42-7    amount of the penalty is reduced or the penalty is not upheld by
 42-8    the court, the court shall order, when the court's judgment becomes
 42-9    final, that the appropriate amount plus accrued interest be
42-10    remitted to the person.  The interest accrues at the rate charged
42-11    on loans to depository institutions by the New York Federal Reserve
42-12    Bank. The interest shall be paid for the period beginning on the
42-13    date the penalty is paid and ending on the date the penalty is
42-14    remitted.
42-15          (s)  If the person gave a supersedeas bond and the penalty is
42-16    not upheld by the court, the court shall order, when the court's
42-17    judgment becomes final, the release of the bond.  If the person
42-18    gave a supersedeas bond and the amount of the penalty is reduced,
42-19    the court shall order the release of the bond after the person pays
42-20    the reduced amount.
42-21          (t)  A proceeding under this section is a contested case
42-22    under Chapter 2001, Government Code.
42-23          SECTION 26. (a)  This Act takes effect September 1, 2001.
42-24          (b)  The change in law made by this Act to Section 602.302,
42-25    Occupations Code, applies only to an offense committed on or after
42-26    the effective date of this Act.  For purposes of this subsection,
42-27    an offense is committed before the effective date of this Act if
 43-1    any element of the offense occurs before the effective date.  An
 43-2    offense committed before the effective date of this Act is governed
 43-3    by the law in effect on the date the offense was committed, and the
 43-4    former law is continued in effect for that purpose.
 43-5          (c)  The change in law made by this Act relating to
 43-6    imposition of an administrative penalty or civil penalty applies
 43-7    only to an act or omission that occurs on or after the effective
 43-8    date of this Act.  An act or omission that occurs before the
 43-9    effective date of this Act is governed by the law in effect on the
43-10    date the act or omission occurred, and the former law is continued
43-11    in effect for that purpose.