S.B. 161 78(R)    BILL ANALYSIS

S.B. 161
By: Nelson
Public Health
Committee Report (Unamended)

BACKGROUND AND PURPOSE 
Currently, the Texas Department of Health (TDH) has indications that
enforcement sanctions are inadequate in some of the professional licensing
programs. The Act grants licensing programs the authority to issue
emergency suspension of a license to practice, to assess administrative
penalties to strengthen regulatory efforts, and to include civil and
criminal penalties to further sanction individuals who are out of
compliance, while ensuring standardization and consistency of enforcement
measures for licensing programs housed within TDH. 
   
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1. Amends Chapter 203I, Occupations Code, by adding Section
203.405, as follows: Sec. 203.405. EMERGENCY SUSPENSION. (a) Requires the
midwifery board, or a three-member committee designated thereby, to
temporarily suspend the letter of documentation of a midwife should
evidence or information indicate that continued practice by that midwife
constitutes a continuing and imminent threat to public welfare. (b)
Authorizes the suspension of a letter of documentation without notice or
hearing on the complaint under certain circumstances. (c) Requires the
State Office of Administrative Hearings (SOAH) to hold preliminary and
final hearings regarding such a temporary suspension within a certain time
frame. 

SECTION 2. Amends Chapter 352F, Occupations Code, by adding Section
352.254, as follows: Sec. 352.254. EMERGENCY SUSPENSION. (a) Requires the
Texas Department of Health (TDH), to temporarily suspend an optician's
certificate of registration should evidence or information indicate that
continued practice by that certificate holder constitutes a continuing and
imminent threat to public welfare. (b) Authorizes the suspension of a
certificate of registration without notice or hearing on the complaint
under certain circumstances. (c) Requires SOAH to hold preliminary and
final hearings regarding such a temporary suspension within a certain time
frame. 

SECTION 3. Amends Chapter 353E, Occupations Code, by adding Section
353.2025, as follows: Sec. 353.2025. EMERGENCY SUSPENSION. (a) Requires
TDH to temporarily suspend the contact lens dispensing permit of a permit
holder should evidence or information indicate that continued practice by
that permit holder constitutes a continuing and imminent threat to public
welfare. (b) Authorizes the suspension of a permit without notice or
hearing on the complaint under certain circumstances. (c) Requires SOAH to
hold preliminary and final hearings regarding such a temporary suspension
within a certain time frame. 

SECTION 4. Amends Chapter 401J, Occupations Code, by adding Section
401.460, as follows: Sec. 401.460. EMERGENCY SUSPENSION. (a) Requires the
State Board of Examiners for Speech-Language Pathology and Audiology, or a
three-member committee designated thereby, to temporarily suspend the
license of a license holder should evidence or information indicate that
continued practice by that license holder constitutes a continuing and
imminent threat to public welfare. (b) Authorizes the suspension of a
license without notice or hearing on the complaint under certain
circumstances. (c) Requires SOAH to hold preliminary and final hearings
regarding such a temporary suspension within a certain time frame. 

SECTION 5. Amends Chapter 401, Occupations Code, by adding Subchapter L,
as follows: SUBCHAPTER L. ADMINISTRATIVE PENALTY Sec. 401.551. IMPOSITION
OF ADMINISTRATIVE PENALTY. Authorizes the State Board of Examiners for
Speech-Language Pathology and Audiology (board) to impose an
administrative penalty on a license holder who violates this chapter or
the rules or orders thereof. 
Sec. 401.552. AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the
penalty, with each day counting as a separate violation, ranges from $50
to $500 per violation. (b) Specifies the relevant criteria required to be
factored into the calculation of the penalty. 
Sec. 401.553. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes
the commissioner of public health (commissioner) or the commissioner's
designee to inform the board of a violation and recommend the imposition
and amount of an administrative penalty. (b) Requires the commissioner or
the commissioner's designee to provide the person, within 14 days of the
report's issuance, with a written notice that includes a summary of the
alleged violation, the recommended administrative penalty, and either
information on the person's right to a hearing or the amount of the
penalty or both. 
Sec. 401.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the
person, within 10 days, to accept the determination and penalty or to
request a hearing. (b) Requires the board to approve the determination and
impose the penalty if the person accepts the determination and penalty. 
Sec. 401.555. HEARING. Requires the commissioner or the commissioner's
designee to set a hearing under certain circumstances and to provide
written notification of the hearing to the person. Requires an
administrative law judge  of SOAH to hold the hearing and to promptly
issue a decision on the violation and the penalty. 
Sec. 401.556. DECISION BY BOARD. Authorizes the board to determine, based
on certain criteria, whether or not a violation occurred. Requires the
board's order to include information on the person's right to judicial
review of the order. 
Sec. 401.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the
person, within 30 days of the board's order becoming final, either to pay
the penalty or to file for judicial review or both. (b) Authorizes a
person filing for judicial review under Subsection (a) to stay enforcement
of a penalty in one of two ways: either by paying the penalty into an
escrow account or provide the court with an appropriate bond; or to
request the court to stay enforcement of the penalty by filing a sworn
affidavit stating lack of financial ability to pay the penalty and
providing it to the commissioner of public health by certified mail. (c)
Authorizes the commissioner or the commissioner's designee to contest the
affidavit within a specified time frame. (d) Requires the court to hold a
hearing on the affidavit and to stay enforcement of the penalty upon
verification of facts alleged in the affidavit of inability to pay the
penalty. Specifies that the burden of proof is on the person filing the
affidavit. 
Sec. 401.558. COLLECTION OF PENALTY. Authorizes an administrative penalty
to be collected if it is not paid and the enforcement of the penalty is
not stayed. Authorizes the attorney general to sue for collection of an
unpaid penalty. 
Sec. 401.559. DETERMINATION BY COURT. Authorizes the court, if it sustains
that a violation occurred, to uphold or reduce the amount of the
administrative penalty and to order the person to pay the full or reduced
amount of the penalty. 
Sec. 401.560. REMITTANCE OF PENALTY AND INTEREST. Requires the court to
order, when its judgment becomes final, that the appropriate amount of the
administrative penalty plus accrued interest be remitted to the person if
the person paid the penalty is paid but reduced or not upheld by the
court. Provides that the interest on such a penalty accrues at a certain
rate. Requires that a certain time frame be used to calculate the
administrative penalty. Requires the court to order the release of a
supersedeas bond when its order becomes final if the penalty is not upheld
or to order the release of a supersedeas bond minus the amount by which
the penalty is reduced if the penalty is reduced. 
Sec. 401.561. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under
this subchapter is a contested case under Chapter 2001 (Administrative
Procedure), Government Code. 

SECTION 6. Amends Chapter 402K, Occupations Code, by adding Section
402.504, as follows: Sec. 402.504. EMERGENCY SUSPENSION. (a) Requires the
committee, or a three member subcommittee of committee members designated
thereby, to temporarily suspend the license or permit to fit and dispense
hearing instruments of a license or permit holder should evidence or
information indicate that continued practice by that license or permit
holder constitutes a continuing and imminent threat to public welfare. (b)
Authorizes the suspension of a license or permit without notice or hearing
on the complaint under certain circumstances. (c) Requires SOAH to hold
preliminary and final hearings regarding such a temporary suspension
within a certain time frame. 

SECTION 7. Amends Chapter 402L, Occupations Code, by adding Section
402.553, as follows: Sec. 402.553. CIVIL PENALTY. (a) Establishes a civil
penalty of not more than $5,000 a day against a person who violates this
chapter or a rule or order of the committee. (b) Requires the attorney
general to bring action for recovery of a civil penalty, at the request of
the committee. 

SECTION 8. Amends Chapter 451F, Occupations Code, by adding Section
451.255, as follows: Sec. 451.255. EMERGENCY SUSPENSION. (a) Requires the
Advisory Board of Athletic Trainers (board), or a three-member committee
designated thereby, to temporarily suspend the license of a license holder
should evidence or information indicate that continued practice by that
license holder constitutes a continuing and imminent threat to public
welfare. (b) Authorizes the suspension of a license without notice or
hearing on the complaint under certain circumstances. (c) Requires SOAH to
hold preliminary and final hearings regarding such a temporary suspension
within a certain time frame. 

SECTION 9. Amends Chapter 455F, Occupations Code, by adding Section
455.254, as follows: Sec. 455.254. EMERGENCY SUSPENSION. (a) Requires TDH
to temporarily suspend the certificate of registration of a massage
therapist should evidence or information indicate that continued practice
by that license holder constitutes a continuing and imminent threat to
publicvwelfare. (b) Authorizes the suspension of a certificate of
registration without notice or hearing on the complaint under certain
circumstances. (c) Requires SOAH to hold preliminary and final hearings
regarding such a temporary suspension within a certain time frame. 

SECTION 10. Amends Chapter 502H, Occupations Code, by adding Section
502.356, as follows: Sec. 502.356. EMERGENCY SUSPENSION. (a) Requires the
Texas State Board of Examiners of Marriage and Family Therapists, or a
three-member committee designated thereby, to temporarily suspend the
license of a license holder should evidence or information indicate that
continued practice by that license holder constitute a continuing and
imminent threat to public welfare. (b) Authorizes the suspension of a
license without notice or hearing on the complaint under certain
circumstances. (c) Requires SOAH to hold preliminary and final hearings
regarding such a temporary suspension within a certain time frame. 

SECTION 11. Amends Chapter 503, Occupations Code, by adding Subchapter K,
as follows: SUBCHAPTER K. ADMINISTRATIVE PENALTY Sec. 503.501. IMPOSITION
OF ADMINISTRATIVE PENALTY. Authorizes  the Texas State Board of Examiners
of Licensed Counselors (board) to impose an administrative penalty on a
license holder who violates this chapter or a rule or order thereof. 
Sec. 503.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the
penalty, with each day counting as a separate violation, ranges from $50
to $5000 per violation. (b) Specifies the relevant criteria required to be
factored into the calculation of the penalty. 
Sec. 503.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes
the commissioner or the commissioner's designee to inform the board of a
violation and recommend the imposition and amount of an administrative
penalty. (b) Requires the commissioner or the commissioner's designee to
provide, within 14 days of the report's issuance, the person with a
written notice that includes a summary of the alleged violation, the
recommended administrative penalty, and either information on the person's
right to a hearing or the amount of the penalty or both. 
Sec. 503.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the
person, within 10 days, to accept the determination and penalty or request
a hearing. (b) Requires the board to approve the determination and impose
the penalty if the person accepts the determination and penalty. 
Sec. 503.505. HEARING. Requires the commissioner or the commissioner's
designee to set a hearing under certain circumstances and to provide
written notification of the hearing to the person. Requires an
administrative law judge of SOAH to hold the hearing and to promptly issue
a decision on the violation and the penalty. 
Sec. 503.506. DECISION BY BOARD. Authorizes the board to determine, based
on certain criteria, whether a violation occurred. Requires the board's
order to include information on the person's right to judicial review of
the order. 
Sec. 503.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the
person, within 30 days of the board's order becoming final, either to pay
the penalty or to file for judicial review or both. (b) Authorizes a
person filing for judicial review under Subsection (a) to stay enforcement
of a penalty in one of two ways: either by paying the penalty into an
escrow account or provide the court with an appropriate bond; or to
request the court to stay enforcement of the penalty by filing a sworn
affidavit stating lack of financial ability to pay the penalty and
providing it to the commissioner of public health or the commissioner's
designee by certified mail. (c) Authorizes the commissioner or the
commissioner's designee to contest the affidavit within a specified time
frame. (d) Requires the court to hold a hearing on the affidavit and to
stay enforcement of the penalty upon verification of facts alleged in the
affidavit of inability to pay the penalty. Specifies that the burden of
proof is on the person filing the affidavit. 
Sec. 503.508. COLLECTION OF PENALTY. Authorizes the administrative penalty
to be collected if it is not paid and the enforcement of the penalty is
not stayed. Authorizes the attorney general to sue for collection of an
unpaid penalty. 
Sec. 503.509. DETERMINATION BY COURT. Authorizes the court to uphold,
reduce, or cancel the penalty depending upon whether it determines a
violation has occurred. 
Sec. 503.510. REMITTANCE OF PENALTY AND INTEREST. Requires the court to
order, when its judgment becomes final, that the appropriate amount of the
administrative penalty plus accrued interest be remitted to the person if
the person paid the penalty is paid but reduced or not upheld by the
court. Provides that the interest on such a penalty accrues at a certain
rate. Requires that a certain time frame be used to calculate the
administrative penalty. Requires the court to order the release of a
supersedeas bond when its order becomes final if the penalty is not upheld
or to order the release of a supersedeas bond minus the amount by which
the penalty is reduced if the penalty is reduced. 
Sec. 503.511. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under
this subchapter is a contested case under Chapter 2001 (Administrative
Procedure), Government Code. 

SECTION 12. Amends Chapter 505J, Occupations Code, by adding Section
505.507, as follows: Sec. 505.507. CRIMINAL PENALTY. Establishes that a
person knowingly acting as a social worker without holding a required
license commits a Class A misdemeanor. 

SECTION 13. Amends Chapter 601G, Occupations Code, by adding Section
601.306, as follows: Sec. 601.306. EMERGENCY SUSPENSION. (a) Requires TDH
to temporarily suspend the certificate of a medical radiologic
technologist should evidence or information indicate that continued
practice by that certificate holder constitutes a continuing and imminent
threat to public welfare. (b) Authorizes the suspension of a certificate
without notice or hearing on the complaint under certain circumstances.
(c) Requires SOAH to hold preliminary and final hearings regarding such a
temporary suspension within a certain time frame. 

SECTION 14. Amends Chapter 602F, Occupations Code, by adding Section
602.254, as follows: Sec. 602.254. EMERGENCY SUSPENSION. (a) Requires the
Texas Board of Licensure for Professional Medical Physicists in TDH, or a
three-member committee designated thereby, to temporarily suspend the
license of a license holder should evidence or information indicate that
continued practice by that license holder constitute a continuing and
imminent threat to public welfare. (b) Authorizes the suspension of a
license without notice or hearing on the complaint under certain
circumstances. (c) Requires SOAH to hold preliminary and final hearings
regarding such a temporary suspension within a certain time frame. 

SECTION 15. Amends Chapter 602G, Occupations Code, by adding Section
602.3015, as follows: Sec. 602.3015. CIVIL PENALTY. (a) Establishes a
civil penalty of not more than $5,000 a day against a person who violates
this chapter or a rule or order thereof. (b) Requires the attorney general
to bring action for recovery of a civil penalty, at the request of the
Texas Board of Licensure for Professional Medical Physicists. 
 
SECTION 16. Amends Section 602.302, Occupations Code, to add that a person
commits a class A, rather than B, misdemeanor if the person knowingly
practices medical physics or a specialty of medical physics without
holding the required license. Makes a nonsubstantive change and
redesignates Subdivisions (1) and (2) as (3) and (4). 

SECTION 17. Amends Chapter 603I, Occupations Code, by adding Section
603.408, as follows: Sec. 603.408. EMERGENCY SUSPENSION. (a) Requires the
Texas State Board of Examiners of Perfusionists (board), or a three-member
committee designated thereby, to temporarily suspend the license of a
license holder should evidence or information indicate that continued
practice by that license holder constitutes a continuing and imminent
threat to public welfare. (b) Authorizes the suspension of a license
without notice or hearing on the complaint under certain circumstances.
(c) Requires SOAH to hold preliminary and final hearings regarding such a
temporary suspension within a certain time frame. 

SECTION 18. Amends Chapter 603J, Occupations Code, by adding Section
603.4515, as follows: Section 603.4515. CIVIL PENALTY. (a) Establishes a
civil penalty of not more than $5,000 a day against a person who violates
this chapter or a rule or order of this chapter. (b) Requires the attorney
general to bring action for recovery of a civil penalty, at the request of
the Texas State Board of Examiners of Perfusionists. 

SECTION 19. Amends Chapter 603, Occupations Code, by adding Subchapter K,
as follows: SUBCHAPTER K. ADMINISTRATIVE PENALTY Sec. 603.501. IMPOSITION
OF ADMINISTRATIVE PENALTY. Authorizes the Texas State Board of Examiners
of Perfusionists (board) to impose an administrative penalty on a license
holder who violates the rules or orders of this chapter. 
Sec. 603.502 AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the
penalty, with each day counting as a separate violation, ranges from $50
to $5,000 per violation. (b) Specifies the relevant criteria required to
be factored into the calculation of the penalty. 
Sec. 603.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes
the commissioner or the commissioner's designee to inform the board of a
violation and to recommend the imposition and amount of an administrative
penalty. (b) Requires the commissioner or the commissioner's desisgnee to
provide, within 14 days of the report's issuance, the person with a
written notice that includes a summary of the alleged violation, the
recommended administrative penalty, and either information on the person's
right to a hearing or the amount of the penalty or both. 
Sec. 603.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the
person, within 10 days, to accept the determination and penalty or to
request a hearing. (b) Requires the board to approve the determination and
to impose the penalty if the person accepts the determination and penalty. 
Sec. 603.505. HEARING. Requires the commissioner or the commissioner's
designee to set a hearing under certain circumstances and to provide
written notification of the hearing to the person. Requires an
administrative law judge of SOAH to hold the hearing and to promptly issue
a decision on the violation and the penalty. 
Sec. 603.506. DECISION BY BOARD. Authorizes the board to determine, based
on certain criteria, whether a violation occurred. Requires the board's
order to include information on the person's right to judicial review of
the order. 
Sec. 603.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the
person, within 30 days of the board's order becoming final, either to pay
the penalty or to file for judicial review or both. (b) Authorizes a
person filing for judicial review under Subsection (a) to stay enforcement
of a penalty in one of two ways: either by paying the penalty into an
escrow account or provide the court with an appropriate bond; or to
request the court to stay enforcement of the penalty by filing a sworn
affidavit stating lack of financial ability to pay the penalty and
providing it to the commissioner of public health by certified mail. (c)
Authorizes the commissioner or the commissioner's designee to contest the
affidavit within a specified time frame. (d) Requires the court to hold a
hearing on the affidavit and to stay enforcement of the penalty upon
verification of facts alleged in the affidavit of inability to pay the
penalty. Specifies that the burden of proof is on the person filing the
affidavit. 
Sec. 603.508. COLLECTION OF PENALTY. Authorizes the administrative penalty
to be collected if it is not paid and the enforcement of the penalty is
not stayed. Authorizes the attorney general to sue for collection of an
unpaid penalty. 
Sec. 603.509. DETERMINATION BY COURT. Authorizes the court to uphold,
reduce, or cancel the penalty depending upon whether it determines that a
violation has occurred. 
Sec. 603.510. REMITTANCE OF PENALTY AND INTEREST. Requires the court to
order, when its judgment becomes final, that the appropriate amount of the
administrative penalty plus accrued interest be remitted to the person if
the person paid the penalty is paid but reduced or not upheld by the
court. Provides that the interest on such a penalty accrues at a certain
rate. Requires that a certain time frame be used to calculate the
administrative penalty. Requires the court to order the release of a
supersedeas bond when its order becomes final if the penalty is not upheld
or to order the release of a supersedeas bond minus the amount by which
the penalty is reduced if the penalty is reduced. 
Sec. 603.511. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under
this subchapter is a contested case under Chapter 2001 (Administrative
Procedure), Government Code. 

SECTION 20. Amends Chapter 605H, Occupations Code, by adding Section
605.3535, as follows: Sec. 605.3535. EMERGENCY SUSPENSION. (a) Requires
the Texas Board of Orthotics and Prosthetics, or a three-member committee
designated thereby, to temporarily suspend the license of a license holder
should evidence or information indicate that continued practice by that
license holder constitutes a continuing and imminent threat to public
welfare. (b) Authorizes the suspension of a license without notice or
hearing on the complaint under certain circumstances. (c) Requires SOAH to
hold preliminary and final hearings regarding such a temporary suspension
within a certain time frame. 

SECTION 21. Amends Chapter 605H, Occupations Code, by adding Section
605.356, as follows: Sec. 605.356 CRIMINAL PENALTY. Establishes that a
person who knowingly practices, attempts to or offers to practice,
orthotics or prosthetics without holding a required license commits a
Class A misdemeanor. 

SECTION 22. Amends Chapter 605, Occupations Code, by adding Subchapter I,
as follows: SUBCHAPTER I. ADMINISTRATIVE PENALTY Sec. 605.401. IMPOSITION
OF ADMINISTRATIVE PENALTY. Authorizes the Texas Board of Orthotics and
Prosthetics (board) to impose an administrative penalty on a license
holder who violates the rules or orders of this chapter. 
Sec. 605.402 AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the
penalty, with each day counting as a separate violation, ranges from $50
to $5,000 per violation. (b) Specifies the relevant criteria required to
be factored into the calculation of the penalty. 
Sec. 605.403. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes
the commissioner or the commissioner's designee to inform the board of a
violation and recommend the imposition and amount of an administrative
penalty. (b) Requires the commissioner or the commissioner's designee to
provide the person, within 14 days of the report's issuance, with a
written notice that includes a summary of the alleged violation, the
recommended administrative penalty, and either information on the person's
right to a hearing or the amount of the penalty or both. 
Sec. 605.404. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the
person, within 10 days, to accept the determination and penalty or request
a hearing. (b) Requires the board to approve the determination and impose
the penalty if the person accepts the determination and penalty. 
Sec. 605.405. HEARING. Requires the commissioner or the commissioner's
designee to set a hearing under certain circumstances and to provide
written notification of the hearing to the person. Requires an
administrative law judge of SOAH to hold the hearing and to promptly issue
a decision on the violation and the penalty. 
Sec. 605.406. DECISION BY BOARD. Authorizes the board to determine, based
on certain criteria, whether a violation occurred. Requires the board's
order to include information on the person's right to judicial review of
the order. 
Sec. 605.407. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the
person, within 30 days of the board's order becoming final, either to pay
the penalty or to file for judicial review or both. (b) Authorizes a
person filing for judicial review under Subsection (a) to stay enforcement
of a penalty in one of two ways: either by paying the penalty into an
escrow account or provide the court with an appropriate bond; or to
request the court to stay enforcement of the penalty by filing a sworn
affidavit stating lack of financial ability to pay the penalty and
providing it to the commissioner of public health by certified mail. (c)
Authorizes the commissioner or the commissioner's designee to contest the
affidavit within a specified time frame. (d) Requires the court to hold a
hearing on the affidavit and to stay enforcement of the penalty upon
verification of facts alleged in the affidavit of inability to pay the
penalty. Specifies that the burden of proof is on the person filing the
affidavit. 
Sec. 605.408. COLLECTION OF PENALTY. Authorizes the administrative penalty
to be collected if it is not paid and the enforcement of the penalty is
not stayed. Authorizes the attorney general to sue for collection of an
unpaid penalty. 
Sec. 605.409. DETERMINATION BY COURT. Authorizes the court to uphold,
reduce, or cancel the penalty depending upon whether it determines a
violation has occurred. 
Sec. 605.410. REMITTANCE OF PENALTY AND INTEREST. Requires the court to
order, when its judgment becomes final, that the appropriate amount of the
administrative penalty plus accrued interest be remitted to the person if
the person paid the penalty is paid but reduced or not upheld by the
court. Provides that the interest on such a penalty accrues at a certain
rate. Requires that a certain time frame be used to calculate the
administrative penalty. Requires the court to order the release of a
supersedeas bond when its order becomes final if the penalty is not upheld
or to order the release of a supersedeas bond minus the amount by which
the penalty is reduced if the penalty is reduced. 
Sec. 605.411. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under
this subchapter is a contested case under Chapter 2001 (Administrative
Procedure), Government Code. 

SECTION 23. Amends Chapter 701I, Occupations Code, by adding Section
701.408, as follows: Sec. 701.408. EMERGENCY SUSPENSION. (a) Requires the
Texas State Board of Examiners of Dietitians (dietitians board), or a
three-member committee designated thereby, to temporarily suspend the
license of a license holder should evidence or information indicate that
continued practice by that license holder constitutes a continuing and
imminent threat to public welfare. (b) Authorizes the suspension of a
license without notice or hearing on the complaint under certain
circumstances. (c) Requires SOAH to hold preliminary and final hearings
regarding such a temporary suspension within a certain time frame. 

SECTION 24. Amends Chapter 701, Occupations Code, by adding Subchapter K,
as follows: SUBCHAPTER K. ADMINISTRATIVE PENALTY Sec. 701.501. IMPOSITION
OF ADMINISTRATIVE PENALTY. Authorizes the dietitians board to impose an
administrative penalty on a license holder who violates the rules or
orders of this chapter. 
Sec. 701.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) Establishes that the
penalty, with each day  counting as a separate violation, ranges from $50
to $5,000 per violation. (b) Specifies the relevant criteria required to
be factored into calculation of the penalty. 
Sec. 701.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes
the commissioner or the commissioner's designee to inform the dietitians
board of a violation and to recommend the imposition and amount of an
administrative penalty. (b) Requires the commissioner or the
commissioner's designee to provide, within 14 days of the report's
issuance, the person with a written notice that includes a summary of the
alleged violation, the recommended administrative penalty, and either
information on the person's right to a hearing or the amount of the
penalty or both. 
Sec. 701.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the
person, within 10 days, to accept the determination and penalty or to
request a hearing. (b) Requires the dietitians board to approve the
determination and to impose the penalty if the person accepts the
determination and penalty. 
Sec. 701.505. HEARING. Requires the commissioner or the commissioner's
designee to set a hearing under certain circumstances and to provide
written notification of the hearing to the person. Requires an
administrative law judge of SOAH to hold the hearing and to promptly issue
a decision on the violation and the penalty. 
Sec. 701.506. DECISION BY DIETITIANS BOARD. Authorizes the dietitians
board to determine, based on certain criteria, whether a violation
occurred. Requires the board's order to include certain information on the
person's right to judicial review of the order. 
Sec. 701.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the
person, within 30 days of the board's order becoming final, either to pay
the penalty or to file for judicial review or both. (b) Authorizes a
person filing for judicial review under Subsection (a) to stay enforcement
of a penalty in one of two ways: either by paying the penalty into an
escrow account or provide the court with an appropriate bond; or to
request the court to stay enforcement of the penalty by filing a sworn
affidavit stating lack of financial ability to pay the penalty and
providing it to the commissioner or the commissioner's designee of public
health by certified mail. (c) Authorizes the commissioner or the
commissioner's designee to contest the affidavit within a specified time
frame. (d) Requires the court to hold a hearing on the affidavit and to
stay enforcement of the penalty upon verification of facts alleged in the
affidavit of inability to pay the penalty. Specifies that the burden of
proof is on the person filing the affidavit. 
Sec. 701.508. COLLECTION OF PENALTY. Authorizes the administrative penalty
to be collected if it is not paid and the enforcement of the penalty is
not stayed. Authorizes the attorney general to sue for collection of an
unpaid penalty. 
Sec. 701.509. DETERMINATION BY COURT. Authorizes the court to uphold,
reduce, or cancel the penalty depending upon whether it determines a
violation has occurred. 
Sec. 701.510. REMITTANCE OF PENALTY AND INTEREST. Requires the court to
order, when its judgment becomes final, that the appropriate amount of the
administrative penalty plus accrued interest be remitted to the person if
the person paid the penalty is paid but reduced or not upheld by the
court. Provides that the interest on such a penalty accrues at a certain
rate. Requires that a certain time frame be used to calculate the
administrative penalty. Requires the court to order the release of a
supersedeas bond when its order becomes final if the penalty is not upheld
or to order the release of a supersedeas bond minus the amount by which
the penalty is reduced if the penalty is reduced. 
Sec. 701.511. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under
this subchapter is a contested case under Chapter 2001 (Administrative
Procedure), Government Code. 

SECTION 25. Amends Chapter 1952, Occupations Code, by adding Subchapter F,
as follows: Sec. 1952.251. IMPOSITION OF ADMINISTRATIVE PENALTY.
Authorizes the department to impose an administrative penalty on a person
registered under this chapter who violates this chapter or a rule or order
adopted under this chapter. 
Sec. 1952.252. AMOUNT OF ADMINISTRATIVE PENALTY. (a) Sets forth a penalty
range of $50 to $5,000 and provides that each day a violation continues or
occurs is a separate violation for the purpose of imposing a penalty. (b)
Requires the amount to be based on several factors. 
Sec. 1952.253. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes
the commissioner or the commissioner's designee, if they find that a
violation occurred, to issue to the department a report stating certain
facts and recommendations. (b) Requires the commissioner or the
commissioner's designee within a certain time frame to give written notice
of the report to the person. Requires the notice to include certain
information. 
Sec. 1952.254. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the
person, within a certain time frame, to accept the determination and
recommended administrative penalty of the commissioner or the
commissioner's designee or to make a request for a hearing on the
occurrence of the violation, the amount of the penalty, or both. (b)
Requires the department by order, if the person accepts the determination
and recommended penalty of the commissioner or the commissioner's
designee, to approve the determination and impose the recommended penalty. 
Sec. 1952.255. HEARING. (a) Requires the commissioner or the
commissioner's designee, if the person requests a hearing or fails to
respond in a timely manner to the notice, to set a hearing and give
written notice of the hearing to the person. (b) Requires an
administrative law judge of SOAHto hold the hearing. (c) Requires the
administrative law judge to make findings of fact and conclusions of law
and promptly issue to the department a proposal for a decision about the
occurrence of the violation and the amount of a proposed administrative
penalty. 
Sec. 1952.256. DECISION BY DEPARTMENT. (a) Authorizes the department by
order and based on findings of fact, conclusions of law, and proposal for
decision, to determine that a violation occurred and impose an
administrative penalty or to determine that a violation did not occur. (b)
Requires the notice of the department's order given to the person to
include a statement of the person's right to judicial review of the order. 
Sec. 1952.257. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the
person within 30 days  after the date the department's order becomes
final, to take certain actions. (b) Authorizes a person who files a
petition for judicial review within a certain time period to take certain
actions regarding a stay of enforcement of the penalty. (c) Authorizes the
commissioner or the commissioner's designee, upon receipt of a copy of an
affidavit under Subsection (b) (2), to within a certain time frame file
with the court a contest to the affidavit. (d) Requires the court to hold
a hearing on the facts alleged in the affidavit as soon as practicable and
to stay the enforcement of the penalty on finding that the alleged facts
are true. Requires the person who files an affidavit to prove that the
person is financially unable to pay the penalty and to give a supersedeas
bond. 
Sec. 1952.258. COLLECTION OF PENALTY. (a) Authorizes the penalty to be
collected if the person does not pay the administrative penalty and the
enforcement is not stayed. (b) Authorizes the attorney general to sue to
collect the penalty. 
Sec. 1952.259. DETERMINATION BY COURT. (a) Authorizes the court, if the
court sustains the determination that a violation occurred, to uphold or
reduce the amount of the administrative penalty and order the person to
pay the full or reduced amount of the penalty. (b) Requires the court, if
the court does not sustain the finding that a violation occurred, to order
that a penalty is not owed. 
Sec. 1952.260. REMITTANCE OF PENALTY AND INTEREST. (a) Requires the court
when a penalty is reduced or not sustained to order, when the court's
judgment becomes final, that the appropriate amount plus accrued interest
be remitted to the person. (b) Provides that the interest accrues at the
rate charged on loans to depository institutions by the New York Federal
Reserve Bank. (c) Requires the interest to be paid for the period
beginning and ending on certain dates. (d) Requires the court, if the
person has a supersedeas bond and the penalty is not upheld by the court,
to order the release of the bond when the court's judgment becomes
final.(e) Requires the court, if the person gave a supersedeas bond and
the amount of the penalty is reduced, to order the release of the bond
after the person pays the reduced amount. 
Sec. 1952.261. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under
this subchapter is a contested case under Chapter 2001, Government Code. 

SECTION 26. Amends Chapter 1953, Occupations Code, by adding Subchapter G,
as follows: SUBCHAPTER G. ADMINISTRATIVE PENALTY Sec. 1953.301 IMPOSITION
OF ADMINISTRATIVE PENALTY. Authorizes the board to impose an
administrative penalty on a person registered under this chapter who
violates this chapter or a rule or order adopted under this chapter. 
Sec. 1953.302. AMOUNT OF ADMINISTRATIVE PENALTY. (a) Sets forth the amount
limits for the administrative penalty and provides that each day a
violation continues or occurs is a separate violation for the purpose of
imposing a penalty. (b) Requires the amount to be based on certain
factors. 
Sec. 1953.303. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) Authorizes
the commissioner or the commissioner's designee, upon finding that a
violation occurred, to issue to the board a report stating certain facts
and recommendations. (b) Requires the commissioner or the commissioner's
designee, within a certain time frame to give written notice of the report
to the person. Requires the notice to include certain information. 
Sec. 1953.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes the
person within a certain time frame to accept the determination and
recommended administrative penalty or make a request for a hearing on the
occurrence of the violation, the amount of the penalty, or both. (b)
Requires the board by order, if the person accepts the determination and
recommended penalty of the commissioner or the commissioner's designee, to
approve the determination and impose the recommended penalty. 
Sec. 1953.305. HEARING. (a) Requires the commissioner or the
commissioner's designee, if the person requests a hearing or fails to
respond in a timely manner to the notice, to set a hearing and inform the
person in writing. (b) Requires an administrative law judge of SOAH to
hold the hearing. (c) Requires the administrative law judge to make
findings of fact and conclusions of law and promptly issue to the board a
proposal for a decision about the occurrence of the violation and the
amount of a proposed administrative penalty. 
Sec. 1953.306. DECISION BY BOARD. Authorizes the board by order, and based
on the finding of fact, conclusion of law and proposal for decision, to
make certain determinations. 
Sec. 1953.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Requires the
person, within a certain time frame, to pay the administrative penalty or
file a petition for judicial review contesting the occurrence of the
violation, the amount of the penalty, or both.(b) Authorizes a person who
files a petition for judicial review, within a certain time frame, to take
certain actions relating to the staying of enforcement of the penalty.(c)
Authorizes the commissioner or the commissioner's designee, under certain
circumstances to file with the court, within a certain time frame, a
contest to the affidavit. (d) Requires the court to hold a hearing on the
facts alleged in the affidavit as soon as practicable and to stay the
enforcement of the penalty on finding that the alleged facts are true.
Provides that the person who files and affidavit must prove that the
person is financially unable to pay the penalty and to give a supersedeas
bond. 
Sec. 1953.308. COLLECTION OF PENALTY. (a) Authorizes the administrative
penalty to be collected if the person does not pay the penalty and the
penalty is not stayed. (b) Authorizes the attorney general to sue to
collect the penalty. 
Sec. 1953.309. DETERMINATION BY COURT. (a) Authorizes the court, if it
sustains the determination that a violation occurred, to uphold or reduce
the amount of the penalty and order the person to pay the full or deduced
amount of the penalty. (b) Requires the court, if it does not sustain the
finding that a violation occurred, to order that a penalty is not owed. 
Sec. 1953.310. REMITTANCE OF PENALTY AND INTEREST. (a) Requires the court,
if the penalty is reduced or not upheld, to order that the appropriate
amount plus accrued interest be remitted to the person. (b) Provides that
the interest accrues at the rate charge on loans to depository
institutions by the New York Federal Reserve Bank.  (c) Requires the
interest to be paid for a certain period. (d) Requires the court, if the
person gave a supersedeas bond and the penalty is not upheld by the court,
to order the release of the bond after the person pays the reduced amount.
(e) Requires the court, if the person gave a supersedeas bond and the
amount of the penalty is reduced, to order the release of the bond after
the person pays the reduced amount. 
Sec. 1953.311. ADMINISTRATIVE PROCEDURE. Provides that a proceeding under
this subchapter is a contested case under Chapter 2001 (Administrative
Procedure), Government Code. 

SECTION 27. Amends Article 4413(51), V.T.C.S., by adding Sections 13D and
13E, as follows: Sec. 13D. EMERGENCY SUSPENSION. (a) Requires the Council
on Sex Offender Treatment (council), or a three-member committee
designated thereby, to temporarily suspend the registration of a person
registered under this Act if the council or committee determines from the
evidence or information presented to it that continued practice by the
person would constitute a continuing and imminent threat to public
welfare. (b) Authorizes the suspension of a registration without notice or
hearing on the complaint under certain circumstances. (c) Requires SOAH to
hold preliminary and final hearings regarding such a temporary suspension
within a certain time frame. 
Sec. 13E. ADMINISTRATIVE PENALTY (a) Authorizes the council to impose an
administrative penalty on a registration holder who violates this chapter
or the rules or orders thereof. (b) Establishes that the penalty, with
each day counting as a separate violation, ranges from $50 to $5,000 per
violation. Specifies the relevant criteria required to be factored into
the calculation of the penalty. (c) Authorizes the commissioner of public
health or the commissioner's designee, if the commissioner or the
commissioner's designee determines that a violation occurred, to issue to
the council a report stating certain information. (d) Requires the
commissioner or the commissioner's designee, within 14 days after the date
the report is issued, to give written notice of the report to the person.
Requires the notice to include certain information. (e) Authorizes the
person, within 10 days, to accept the determination and penalty or to
request a hearing. (f) Requires the council by order, if the person
accepts the determination and recommended penalty of the commissioner or
the commissioner's designee, to approve the determination and impose the
recommended penalty. (g) Establishes the circumstances under which the
commissioner or the commissioner's designee is required to set a hearing.
(h) Requires an administrative law judge of SOAH to hold the hearing. (i)
Requires the administrative law judge to issue a proposal for a decision
on the determination of a violation and the amount of the administrative
penalty. (j) Authorizes the council to determine, based on certain
criteria, whether a violation occurred. (k) Requires the council's order
to include information on the person's right to judicial review of the
order. (l) Requires the person to pay the penalty or file for judicial
review within 30 days of the council's order becoming final. (m)
Authorizes a person filing for judicial review to pay the penalty into an
escrow account or to provide the court with an appropriate bond to stay
enforcement of the penalty. Authorizes the person to request the court to
stay enforcement of the penalty by filing a sworn affidavit stating lack
of financial ability to pay the penalty and providing it to the
commissioner or the commissioner's designee by certified mail. (n)
Authorizes the commissioner or the commissioner's designee to contest the
affidavit within a specified time frame. (o) Requires the court to hold a
hearing on the affidavit and to render a decision. Specifies that the
burden of proof is on the person filing the affidavit. (p) Authorizes the
attorney general to sue for collection of an unpaid penalty. (q)
Authorizes the court to uphold, reduce, or cancel the penalty depending
upon whether it determines a violation has occurred. (r) Requires the
court to remit money paid, plus interest, if the penalty is not upheld or
the amount is reduced. (s) Requires the court to release the supersedeas
bond if the penalty is not upheld for if the penalty amount is reduced,
after the person has paid the reduced amount. (t) Specifies that a
proceeding under this subchapter is a contested case under Chapter 2001
(Administrative Procedure), Government Code. 

SECTION 28. (a) Effective date: September 1, 2003. (b) Makes prospective
the application of the changes in law made to Sections 505.507, 602.302,
and 605.356, Occupations Code. (c) Makes prospective the changes in law
made by this Act to the imposition of an administrative or civil penalty. 

EFFECTIVE DATE
September 1, 2003