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Amend CSSB 104 as follows:
(1) In the recital to SECTION 19 of the bill (committee
printing page 5, line 26), strike "Subsection (f)" and substitute
"Subsections (f) through (i)".
(2) In SECTION 19 of the bill, immediately following added
Subsection (f), Section 164.001, Occupations Code (committee
printing page 5, between lines 32 and 33), add the following:
(g) In determining the appropriate disciplinary action,
including the amount of any administrative penalty to assess, the
board shall consider whether the person:
(1) is being disciplined for multiple violations of
this subtitle or a rule or order adopted under this subtitle; or
(2) has previously been the subject of disciplinary
action by the board.
(h) In the case of a person described by:
(1) Subsection (g)(1), the board shall consider taking
a more severe disciplinary action, including revocation of the
person's license, than the disciplinary action that would be taken
for a single violation; and
(2) Subsection (g)(2), the board shall consider
revoking the person's license if the person has repeatedly been the
subject of disciplinary action by the board.
(i) If the board chooses not to revoke the license of a
person described by Subsection (g)(2), the board shall consider
taking a more severe disciplinary action than the disciplinary
action previously taken.