C.S.H.B. 1166 78(R)    BILL ANALYSIS


C.S.H.B. 1166
By: Solomons
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the Department of Information Resources is required to
administer a common electronic system using the Internet, called
TexasOnline.  A licensing authority can use this system to electronically
send occupational licenses and other documents to persons regulated by the
authority and to the public; to receive applications for occupational
licenses and other documents for filing from persons regulated by the
authority and from the public, including documents that can be
electronically signed if necessary; and to receive required payments from
persons regulated by the authority and from the public.  The Government
Code requires numerous licensing authorities to participate in this
system.  The purpose of C.S.H.B. 1166 is to lessen the burden on persons
regulated by multiple licensing authorities by allowing greater on-line
sharing of information among licensing authorities. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

C.S.H.B. 1166 amends Subchapter I, Chapter 2054, of the Government Code to
allow a person regulated by one or more licensing authorities to file a
single change of address on-line with the Department of Information
Resources (DIR).  DIR is then required to provide the new address to each
appropriate licensing authority.  The bill authorizes DIR to expand the
system to include additional categories of updated information that
license holders may need to provide to more than one licensing authority. 

The bill requires each licensing authority to electronically share
information regarding license holders, especially information regarding
disciplinary information, with other licensing authorities to the extent
it is feasible to do so and is allowed by other law, under appropriate
controls for the privacy, security, accuracy, and confidentiality of the
information.  Licensing authorities are only authorized to use such
information that they receive electronically for regulatory purposes. 

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1166 differs from the original by removing the requirement that
the secretary of state collect and distribute information about licensees,
and the language authorizing DIR to coordinate with the secretary of state
when expanding the system to include additional categories of updated
information.  The substitute adds language to provide that any costs
incurred by the requirements of the Act could be recovered by the
subscription costs currently required of licensing agencies involved with
TexasOnline.  The substitute removes the provision in the original which
required the secretary of state and DIR to study the licensing and
information needs of licensing authorities.