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Amend CSSB 104 as follows:
(1) In SECTION 3 of the bill, in proposed Section 153.0535(b), Occupations Code (committee printing page 1, line 61),
between "panel" and the period, insert "and representation of the
board by the attorney general's office".
(2) In SECTION 20 of the bill, in amended Section
164.003(b), Occupations Code, in proposed Subdivision (4) of that
subsection (committee printing page 5, line 47), strike "[(2)] the
board's legal counsel or" and substitute "[(2) the board's legal
counsel or]".
(3) Insert the following appropriately numbered SECTIONS to
the bill:
SECTION ___. Section 153.013, Occupations Code, is amended
to read as follows:
Sec. 153.013. REPRESENTATION BY ATTORNEY GENERAL. (a) The
board shall be represented by the attorney general in:
(1) formal contested case hearings under Section
164.007; and
(2) court proceedings [by the attorney general].
(b) A representative of the attorney general shall advise
the board's staff in informal proceedings under Section 164.003.
SECTION ___. Section 164.005(e), Occupations Code, is
amended to read as follows:
(e) The president or designee shall notify the State Office
of Administrative Hearings and the attorney general of a formal
complaint.
SECTION ___. Section 164.007, Occupations Code, is amended
by amending Subsections (a) and (b) and adding Subsection (i) to
read as follows:
(a) The board by rule shall adopt procedures governing
formal disposition of a contested case under Chapter 2001,
Government Code. A formal hearing shall be conducted by an
administrative law judge employed by the State Office of
Administrative Hearings. The attorney general shall represent the
board in the hearing. [After receiving the administrative law
judge's findings of fact and conclusions of law, the board shall
determine the charges on the merits.]
(b) Notwithstanding this subtitle or other law, the board,
with the approval of the attorney general, may employ, retain, and
compensate:
(1) [attorneys,] consultants[,] and other
professionals as necessary and appropriate to serve as board
consultants [or special counsel to prosecute complaints filed with
the board on behalf of the hearings division and investigating
division]; and
(2) court reporters and other staff necessary to
prepare for or represent the board in the hearings authorized by
this section.
(i) After a hearing described by this section is concluded,
the parties may submit to the administrative law judge proposed
findings of fact and conclusions of law and a proposal for decision
as to the occurrence of the violation and any proposed sanction.
The administrative law judge shall make findings of fact and
conclusions of law and issue a final decision finding that a
violation has occurred and imposing a sanction or finding that no
violation occurred. If the administrative law judge finds that a
violation has occurred, the administrative law judge may impose any
sanction that the board is authorized to impose under this chapter.
The administrative law judge may impose more than one sanction for
the same violation. Section 2001.058(f), Government Code, applies
to the formal disposition of a contested case under this section
regardless of whether the board has adopted a rule under that
subsection. For the purposes of this chapter, a sanction imposed by
an administrative law judge under this section is considered to be a
disciplinary action taken by the board.
SECTION ___. (a) Not later than January 1, 2004, the Texas
State Board of Medical Examiners and the attorney general shall
enter into a memorandum of understanding under which all attorneys
employed by the board, except as provided by Subsection (b) of this
section, are transferred to the attorney general's office. The
memorandum required by this section shall prescribe the manner by
which the transfer shall be accomplished and provide for the
transfer to the attorney general's office of money appropriated to
the board for legal services, including money for salaries of
transferred employees, and the transfer of any files, records,
equipment, property, and support personnel necessary to accomplish
the transfer. The memorandum shall also address the manner by which
any investigation or other formal or informal proceeding in which a
board employee is providing services shall be transferred to the
attorney general's office. The transfer required by this section
must be completed not later than March 1, 2004.
(b) The transfer of legal personnel and services required by
this section does not apply to the general counsel to the Texas
State Board of Medical Examiners. The memorandum of understanding
required by Subsection (a) of this section shall include provisions
for the retention by the general counsel of one attorney and
sufficient support personnel to fulfill the general counsel's
responsibilities.
(4) Renumber the SECTIONS of the bill appropriately.