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78R6576 YDB-D
By: Swinford H.B. No. 2489
A BILL TO BE ENTITLED
AN ACT
relating to creation of the Texas Department of Professional
Licensing and the transfer of the regulation of certain professions
to that department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 58 to read as follows:
CHAPTER 58. TEXAS DEPARTMENT OF PROFESSIONAL LICENSING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 58.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on
Professional Licensing.
(2) "Department" means the Texas Department of
Professional Licensing.
(3) "Executive director" means the executive director
of the department.
(4) "License" means a license, certificate,
registration, title, or permit issued by the department.
(5) "License holder" means a person who holds a
license issued by the department.
(6) "Respondent" means a person, regardless of whether
the person is a license holder, who is charged with violating a law
establishing a regulatory program administered by the department or
a rule adopted or order issued by the commission or executive
director.
(7) "Sanction" means an action by the executive
director against a license holder or another person, including the
denial, suspension, or revocation of a license, the reprimand of a
license holder, or the placement of a license holder on probation.
Sec. 58.002. APPLICATION OF SUNSET ACT. The Texas
Commission on Professional Licensing and the Texas Department of
Professional Licensing are subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the commission and the department are abolished
September 1, 2015.
[Sections 58.003–58.050 reserved for expansion]
SUBCHAPTER B. DEPARTMENT AND COMMISSION
Sec. 58.051. TEXAS DEPARTMENT OF PROFESSIONAL LICENSING.
(a) The department is the primary state agency responsible for the
oversight of the following businesses and occupations that are
regulated by the state and assigned to the department by the
legislature:
(1) accountants under Chapter 901;
(2) engineers under Chapter 1001;
(3) architects under Chapter 1051;
(4) landscape architects under Chapter 1052;
(5) interior designers under Chapter 1053; and
(6) land surveyors under Chapter 1071.
(b) The department is governed by the commission.
Sec. 58.052. APPOINTMENT OF COMMISSION. (a) The
commission consists of five members appointed by the governor with
the advice and consent of the senate.
(b) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 58.053. COMMISSION MEMBERSHIP; ELIGIBILITY. (a) Each
member of the commission must be a representative of the general
public.
(b) A person is not eligible for appointment as a member of
the commission if the person or the person's spouse:
(1) is regulated by the department;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving funds from the department;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving funds from the department;
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the department, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses;
(5) is an employee of the department; or
(6) is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the commission or department.
Sec. 58.054. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the commission and may
not be a department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in a field regulated by the
department; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in a field regulated by the
department.
(c) A person may not act as the general counsel to the
commission or the department if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the department.
Sec. 58.055. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the commission may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the commission until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department and
the commission;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department, with an emphasis on
the rules relating to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 58.056. TERMS; VACANCY. (a) Members of the commission
serve staggered six-year terms. The terms of one or two members
expire on February 1 of each odd-numbered year.
(b) If a vacancy occurs during a member's term, the governor
shall appoint a replacement to fill the unexpired term.
Sec. 58.057. PRESIDING OFFICER. The governor shall
designate a member of the commission as the presiding officer of the
commission to serve in that capacity at the pleasure of the
governor.
Sec. 58.058. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission that a member:
(1) does not have at the time of taking office the
qualifications required by Section 58.053;
(2) does not maintain during service on the commission
the qualifications required by Section 58.053;
(3) is ineligible for membership under Section 58.054;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the commission of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the commission, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 58.059. COMPENSATION; REIMBURSEMENT. (a) A
commission member may not receive compensation for service on the
commission.
(b) A commission member is entitled to reimbursement for
actual and necessary expenses incurred in performing functions as a
commission member, subject to any applicable limitation on
reimbursement provided by the General Appropriations Act.
Sec. 58.060. MEETINGS. (a) The commission shall meet at
least once in each quarter of the fiscal year.
(b) The commission may meet at other times at the call of the
presiding officer or as provided by commission rules.
Sec. 58.061. CIVIL LIABILITY. A member of the commission is
not liable in a civil action for an act performed in good faith
while performing duties as a commission member.
[Sections 58.062–58.100 reserved for expansion]
SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER DEPARTMENT PERSONNEL
Sec. 58.101. EXECUTIVE DIRECTOR. The commission shall
appoint the executive director of the department. The executive
director serves at the will of the commission.
Sec. 58.102. EXECUTIVE DIRECTOR POWERS AND DUTIES. (a) The
executive director shall:
(1) perform any duties assigned by the commission and
other duties specified by law;
(2) administer and enforce the department's programs;
and
(3) issue licenses authorized by the laws establishing
programs regulated by the department.
(b) The executive director may delegate any power or duty
assigned to the executive director unless prohibited by statute or
rule.
(c) The executive director may:
(1) impose sanctions and issue orders relating to a
sanction as provided by Section 58.403; and
(2) assess an administrative penalty or issue an order
relating to an administrative penalty as authorized by a law
establishing a program regulated by the department or as provided
by Sections 58.351 and 58.352.
Sec. 58.103. PERSONNEL. The executive director may employ
persons to perform the department's work and may prescribe their
duties and compensation, subject to the personnel policies adopted
by the commission and the commission's approval of the budget.
Sec. 58.104. DIVISION OF RESPONSIBILITIES. The commission
shall develop and implement policies that clearly separate the
policy-making responsibilities of the commission and the
management responsibilities of the executive director and the staff
of the department.
Sec. 58.105. INFORMATION ON STANDARDS OF CONDUCT. The
executive director or the executive director's designee shall
provide to members of the commission and to department employees,
as often as necessary, information regarding the requirements for
office or employment under this chapter, including information
regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Sec. 58.106. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The executive director shall develop a career
ladder program. The program must require intra-agency postings of
all nonentry level positions concurrently with any public posting.
(b) The executive director shall develop a system of
employee performance evaluations. The system must require that
evaluations be conducted at least annually. All merit pay for
department employees must be based on the system established under
this subsection.
Sec. 58.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
executive director or the executive director's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the department to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the department's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 58.108. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to department employees information and training on the
benefits and methods of participation in the state employee
incentive program.
[Sections 58.109–58.200 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 58.201. GENERAL POWERS AND DUTIES OF COMMISSION. (a)
The commission shall:
(1) supervise the executive director's administration
of the department;
(2) formulate the policy objectives for the
department; and
(3) approve the department's operating budget and the
department's requests for legislative appropriations.
(b) The commission:
(1) may adopt rules as necessary for its own
procedures; and
(2) shall adopt rules as necessary to implement this
chapter.
Sec. 58.202. FEES. (a) The commission shall set fees, in
amounts reasonable and necessary to cover the costs of
administering the programs or activities, for:
(1) licenses issued by the department;
(2) license renewals and late renewals;
(3) examinations; and
(4) any other program or activity administered by the
department for which a fee is authorized.
(b) The executive director by rule may provide for prorating
fees for the issuance of a license to allow a person regulated by
the department to pay only that portion of the applicable fee
allocable to the number of months during which the license is valid.
(c) The executive director shall develop cost management
procedures that enable the commission to determine with reasonable
accuracy the cost to the department of each program and activity for
which a fee is charged.
Sec. 58.203. RULES ADOPTED BY EXECUTIVE DIRECTOR. The
executive director shall adopt rules as necessary to implement each
law establishing a program regulated by the department.
Sec. 58.204. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The executive director may not adopt rules
restricting advertising or competitive bidding by a license holder
except to prohibit false, misleading, or deceptive practices.
(b) The executive director may not include in rules to
prohibit false, misleading, or deceptive practices by a license
holder a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the license holder's personal appearance
or the use of the license holder's voice in an advertisement;
(3) relates to the size or duration of an
advertisement; or
(4) restricts the use of a trade name in advertising.
Sec. 58.205. USE OF TECHNOLOGY. The commission shall
develop and implement a policy requiring the executive director and
department employees to research and propose appropriate
technological solutions to improve the department's ability to
perform its functions. The technological solutions must:
(1) ensure that the public is able to easily find
information about the department on the Internet;
(2) ensure that persons who want to use the
department's services are able to:
(A) interact with the department through the
Internet; and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
department's planning processes.
Sec. 58.206. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES. (a) The commission shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of
those procedures, as implemented by the department.
[Sections 58.207-58.250 reserved for expansion]
SUBCHAPTER E. PUBLIC INTEREST INFORMATION
AND COMPLAINT PROCEDURES
Sec. 58.251. PUBLIC INTEREST INFORMATION. (a) The
department shall prepare information of public interest describing
the functions of the commission and department and the procedures
by which complaints are filed with and resolved by the commission or
executive director. The department shall provide to the person
filing the complaint and to each person who is a subject of the
complaint a copy of the department's policies and procedures
relating to complaint investigation and resolution.
(b) The department shall maintain a file on each written
complaint filed with the department. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
department;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the department closed the file without taking action other than
to investigate the complaint.
(c) The department, at least quarterly and until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
(d) The commission shall adopt a procedure for documenting
complaints to the department from the time of the submission of the
initial complaint to the final disposition of the complaint. The
commission shall publish the procedure in the Texas Register.
Sec. 58.252. PUBLIC PARTICIPATION. (a) The commission
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the commission and to speak
on any issue under the commission's jurisdiction.
(b) The commission shall prepare and maintain a written plan
that describes how a person who does not speak English or who has a
physical, mental, or developmental disability may be provided
reasonable access to the commission's programs.
[Sections 58.253-58.300 reserved for expansion]
SUBCHAPTER F. LICENSE REQUIREMENTS
Sec. 58.301. LICENSE EXPIRATION AND RENEWAL. (a) A person
who is otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the department before
the expiration date of the license. A person whose license has
expired may not engage in activities that require a license until
the license has been renewed.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the department a renewal fee
equal to 1-1/2 times the normally required renewal fee.
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
department a renewal fee equal to two times the normally required
renewal fee.
(d) A person whose license has been expired for one year or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures, including the
examination requirements, for obtaining an original license.
(e) A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date of application
may obtain a new license without reexamination. The person must pay
to the department a fee equal to two times the normally required
renewal fee for the license.
(f) Not later than the 30th day before the date a person's
license is scheduled to expire, the department shall send written
notice of the impending expiration to the person at the person's
last known address according to the records of the department.
Sec. 58.302. EXAMINATIONS. (a) Not later than the 30th day
after the date a person takes a license examination, the department
shall notify the person of the results of the examination.
(b) If the examination is graded or reviewed by a testing
service:
(1) the department shall notify the person of the
results of the examination not later than the 14th day after the
date the department receives the results from the testing service;
and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
department shall notify the person of the reason for the delay
before the 90th day.
(c) The department may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails a license
examination, the department shall furnish the person with an
analysis of the person's performance on the examination.
Sec. 58.303. EXAMINATION FEE REFUND. (a) The department
may refund a license examination fee to a person who is unable to
take the examination if the person:
(1) provides reasonable advance notice to the
department; or
(2) cannot take the examination because of an
emergency.
(b) The commission by rule shall define what constitutes
reasonable notice and an emergency under this section.
Sec. 58.304. ENDORSEMENT; RECIPROCITY. (a) The commission
may waive any prerequisite to obtaining a license for an applicant
after reviewing the applicant's credentials and determining the
applicant holds a license issued by another jurisdiction that has
licensing requirements substantially equivalent to those of this
state.
(b) The commission may waive any prerequisite to obtaining a
license for an applicant who holds a license issued by another
jurisdiction with which this state has a reciprocity agreement.
The commission may make an agreement, subject to the approval of the
governor, with another state to allow for licensing by reciprocity.
Sec. 58.305. CONTINUING EDUCATION. The commission shall
recognize, prepare, or administer continuing education programs
for license holders. A license holder must participate in the
programs to the extent required by the commission to keep the
person's license.
Sec. 58.306. STAGGERED RENEWAL OF LICENSES. The commission
by rule may adopt a system under which licenses expire on various
dates during the year. For the year in which the license expiration
date is changed, the department shall prorate license fees on a
monthly basis so that each license holder pays only that portion of
the license fee allocable to the number of months during which the
license is valid. On renewal of the license on the new expiration
date, the total license renewal fee is payable.
[Sections 58.307-58.350 reserved for expansion]
SUBCHAPTER G. ADMINISTRATIVE PENALTY
Sec. 58.351. IMPOSITION OF PENALTY. The executive director
or commission may impose an administrative penalty against a person
who violates:
(1) a law establishing a regulatory program
administered by the department; or
(2) a rule adopted or order issued by the executive
director or commission.
Sec. 58.352. AMOUNT OF PENALTY. (a) If the relevant law
establishing a program regulated by the department does not state
the maximum amount of an administrative penalty under that law, the
amount of the penalty shall be assessed by the commission or
executive director in an amount not to exceed $5,000 per day for
each violation. Each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the respondent's history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made by the respondent to correct the
violation; and
(5) any other matter that justice may require.
(c) The commission shall by rule or by procedure published
in the Texas Register establish a written enforcement plan that
provides notice to license holders of the specific ranges of
penalties applicable to specific alleged violations and the
criteria by which the department determines the amount of a
proposed administrative penalty.
Sec. 58.353. IMPOSITION OF SANCTION. A proceeding under
this subchapter imposing an administrative penalty may be combined
with a proceeding to impose an administrative sanction. If a
sanction is imposed in a proceeding under this subchapter, the
requirements of this subchapter apply to the imposition of the
sanction.
Sec. 58.354. NOTICE OF VIOLATION AND PENALTY. If, after
investigation of a possible violation and the facts surrounding the
possible violation, the department determines a violation
occurred, the department shall issue to the respondent a notice of
alleged violation stating:
(1) a brief summary of the alleged violation;
(2) the amount of the recommended administrative
penalty; and
(3) that the respondent has the right to a hearing to
contest the alleged violation, the amount of the penalty, or both.
Sec. 58.355. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the respondent receives
the notice, the respondent may:
(1) accept the department's determination and
recommended administrative penalty; or
(2) make a written request for a hearing on that
determination.
(b) If the respondent accepts the department's
determination, the executive director by order shall approve the
determination and require the person to pay the recommended
penalty.
Sec. 58.356. HEARING ON RECOMMENDATIONS. (a) If the
respondent requests a hearing, the department shall set a hearing
and give written notice of the hearing to the respondent.
(b) The executive director may employ a hearings officer to
conduct the hearing.
(c) The hearings officer shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the commission a proposal for
decision as to the occurrence of the violation and the amount of any
proposed administrative penalty.
Sec. 58.357. DECISION BY COMMISSION. (a) Based on the
findings of fact, conclusions of law, and proposal for decision,
the commission by order may determine that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The department shall give notice of the order to the
respondent.
(c) The order under this section must include:
(1) separate statements of the findings of fact and
conclusions of law;
(2) the amount of any penalty imposed;
(3) a statement of the right of the respondent to
judicial review of the order; and
(4) any other information required by law.
Sec. 58.358. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
(a) Not later than the 30th day after the date the commission's
order becomes final, the respondent shall:
(1) pay the penalty; or
(2) file a petition for judicial review contesting the
order and:
(A) forward the penalty to the department for
deposit in an escrow account; or
(B) give the department a supersedeas bond in a
form approved by the executive director that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of
the decision is final.
(b) A respondent who is financially unable to comply with
Subsection (a)(2) is entitled to judicial review if the respondent
files with the court, as part of the respondent's petition for
judicial review, a sworn statement that the respondent is unable to
meet the requirements of that subsection.
Sec. 58.359. COLLECTION OF PENALTY. If the person on whom
the administrative penalty is imposed violates Section 58.358(a),
the department or the attorney general may bring an action to
collect the penalty.
Sec. 58.360. REMITTANCE OF PENALTY AND INTEREST. (a) If,
after judicial review, the administrative penalty is reduced or not
imposed, the executive director shall:
(1) remit to the person the appropriate amount, plus
accrued interest, if the person paid the amount of the penalty; or
(2) execute a release of the bond, if the person posted
a supersedeas bond.
(b) The interest paid under Subsection (a)(1) is accrued at
the rate charged on loans to depository institutions by the New York
Federal Reserve Bank. The interest shall be paid for the period
beginning on the date the penalty is paid to the department and
ending on the date the penalty is remitted.
Sec. 58.361. ADMINISTRATIVE PROCEDURE. (a) The executive
director by rule shall prescribe procedures for the determination
and appeal of a decision to impose an administrative penalty.
(b) A proceeding under this subchapter to impose an
administrative penalty is considered to be a contested case under
Chapter 2001, Government Code.
[Sections 58.362-58.400 reserved for expansion]
SUBCHAPTER H. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 58.401. INSPECTIONS AND INVESTIGATIONS. (a) The
department may conduct inspections or investigations as necessary
to enforce the laws administered by the department.
(b) The department, during reasonable business hours, may:
(1) enter the business premises of a person regulated
by the department or a person suspected of being in violation of or
threatening to violate a law establishing a regulatory program
administered by the department or a rule or order of the commission
or executive director related to a regulatory program administered
by the department; and
(2) examine and copy records pertinent to the
inspection or investigation.
Sec. 58.402. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
attorney general or the executive director may institute an action
for injunctive relief to restrain a violation by and to collect a
civil penalty from a person that appears to be in violation of or
threatening to violate a law establishing a regulatory program
administered by the department or a rule or order of the commission
or executive director related to the regulatory program.
(b) An action filed under this section must be filed in a
district court in Travis County.
(c) The attorney general and the department may recover
reasonable expenses incurred in obtaining injunctive relief under
this section, including court costs, reasonable attorney's fees,
investigative costs, witness fees, and deposition expenses.
Sec. 58.403. ADMINISTRATIVE SANCTIONS. (a) The commission
shall revoke, suspend, or refuse to renew a license or shall
reprimand a license holder for a violation of this chapter, a law
establishing a regulatory program administered by the department,
or a rule of the commission.
(b) The commission may place on probation a person whose
license is suspended. If a license suspension is probated, the
commission may require the person to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the
commission; or
(3) continue or renew professional education until the
person attains a degree of skill satisfactory to the commission in
those areas that are the basis for the probation.
Sec. 58.404. RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE.
(a) A respondent is entitled to a hearing if the executive director
proposes to deny, suspend, or revoke a license.
(b) The executive director may employ a hearings officer to
conduct the hearing.
(c) The executive director by rule shall prescribe
procedures for the determination and appeal of a decision to deny,
suspend, or revoke a license.
(d) A proceeding under this chapter to deny, suspend, or
revoke a license is considered to be a contested case under Chapter
2001, Government Code.
SECTION 2. Subchapter A, Chapter 901, Occupations Code, is
amended by adding Section 901.0015 to read as follows:
Sec. 901.0015. TRANSFER OF POWERS AND DUTIES; REFERENCES IN
CHAPTER. The powers and duties assigned to the Texas State Board of
Public Accountancy under this chapter are transferred to the Texas
Department of Professional Licensing. All references in this
chapter to the Texas State Board of Public Accountancy mean the
Texas Department of Professional Licensing.
SECTION 3. Section 901.002, Occupations Code, is amended by
adding Subdivisions (6-a), (7-a), (7-b), and (7-c) to read as
follows:
(6-a) "Commission" means the Texas Commission on
Professional Licensing.
(7-a) "Council" means the Public Accountancy Advisory
Council.
(7-b) "Department" means the Texas Department of
Professional Licensing.
(7-c) "Executive director" means the executive
director of the department.
SECTION 4. The heading to Subchapter B, Chapter 901,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. [TEXAS STATE BOARD OF] PUBLIC ACCOUNTANCY ADVISORY
COUNCIL
SECTION 5. Sections 901.051 and 901.052, Occupations Code,
are amended to read as follows:
Sec. 901.051. [BOARD] MEMBERSHIP; APPLICATION OF OTHER LAW.
(a) The [Texas State Board of] Public Accountancy Advisory Council
consists of five [15] members appointed by the commission [governor
with the advice and consent of the senate] as follows:
(1) three [10] certified public accountant members, at
least two [eight] of whom are, on the date of appointment:
(A) a sole practitioner; or
(B) an owner or employee of a certified public
accountancy firm; and
(2) two [five] public members who are not:
(A) licensed under this chapter; or
(B) financially involved in an organization
subject to commission [board] regulation.
(b) The council is subject to Chapter 2110, Government Code
[Each member of the board must be a United States citizen].
(c) Appointments to the council [board] shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
Sec. 901.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is
not eligible for appointment as a public member of the council
[board] if the person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of public accountancy;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the
commission [board] or receiving funds from the commission [board];
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission [board] or receiving funds
from the commission [board]; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the commission [board], other than
compensation or reimbursement authorized by law for council [board]
membership, attendance, or expenses.
SECTION 6. Sections 901.053(b), (d), and (e), Occupations
Code, are amended to read as follows:
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of public accountancy may not be a
member of the council [board and may not be an employee of the board
who is exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position
classification salary schedule].
(d) A person may not serve as a member of the council [board]
or act as the general counsel to the council [board] if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the council [board].
(e) A member [or employee of] the council [board] may not be
related within the second degree by consanguinity or affinity, as
determined under Chapter 573, Government Code, to a person who is an
officer, employee, or paid consultant of a trade association of
persons governed by this chapter.
SECTION 7. Section 901.054(a), Occupations Code, is amended
to read as follows:
(a) Council [Board] members serve staggered six-year terms.
SECTION 8. Section 901.055, Occupations Code, is amended to
read as follows:
Sec. 901.055. OFFICERS[; EXECUTIVE COMMITTEE]. (a) The
commission [governor] shall designate a member of the council
[board] as presiding officer. [The presiding officer serves in
that capacity at the will of the governor.]
(b) The council [board] shall annually elect from its
members an assistant presiding officer[, secretary, treasurer, and
other officers the board considers necessary to serve with the
presiding officer on the executive committee].
SECTION 9. Section 901.057, Occupations Code, is amended to
read as follows:
Sec. 901.057. PER DIEM; REIMBURSEMENT. (a) A council
[board] member is entitled to receive:
(1) $100 for each day that the member conducts council
[board] business; and
(2) reimbursement for actual and necessary expenses
incurred in performing council [board] functions.
(b) The commission [board] by rule may determine the
activities that constitute council [board] business.
SECTION 10. Subchapter B, Chapter 901, Occupations Code, is
amended by adding Section 901.059 to read as follows:
Sec. 901.059. COUNCIL DUTIES. The council shall:
(1) advise the executive director on rules,
enforcement, licensing requirements, and other technical issues
related to the public accountancy profession;
(2) recommend to the executive director standards of
practice, conduct, and ethics for registrants to be adopted under
this chapter;
(3) recommend to the executive director amounts for
the fees it may set under this chapter;
(4) assist and advise the executive director in
recognizing continuing education programs and educational courses
for registrants; and
(5) advise the executive director in establishing
educational requirements for initial applicants.
SECTION 11. Subchapter A, Chapter 1001, Occupations Code,
is amended by adding Section 1001.0015 to read as follows:
Sec. 1001.0015. TRANSFER OF POWERS AND DUTIES; REFERENCES
IN CHAPTER. The powers and duties assigned to the Texas Board of
Professional Engineers under this chapter are transferred to the
Texas Department of Professional Licensing. All references in this
chapter to the Texas Board of Professional Engineers mean the Texas
Department of Professional Licensing.
SECTION 12. Section 1001.002, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivisions (1-a), (1-b),
and (3) to read as follows:
(1) "Commission" ["Board"] means the Texas Commission
on [Board of] Professional Licensing [Engineers].
(1-a) "Council" means the Professional Engineers
Advisory Council.
(1-b) "Department" means the Texas Department of
Professional Licensing.
(3) "Executive director" means the executive director
of the department.
SECTION 13. The heading to Subchapter C, Chapter 1001,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. [TEXAS BOARD OF] PROFESSIONAL ENGINEERS ADVISORY
COUNCIL
SECTION 14. Section 1001.101, Occupations Code, is amended
to read as follows:
Sec. 1001.101. [BOARD] MEMBERSHIP; APPLICATION OF OTHER
LAW. (a) The [Texas Board of] Professional Engineers Advisory
Council consists of five [nine] members appointed by the commission
[governor with the advice and consent of the senate] as follows:
(1) three [six] engineers; and
(2) two [three] members who represent the public.
(b) Appointments to the council [board] shall be made
without regard to the race, creed, sex, religion, or national
origin of the appointee.
(c) The council is subject to Chapter 2110, Government Code.
SECTION 15. Sections 1001.102(a) and (b), Occupations Code,
are amended to read as follows:
(a) A person is not eligible for appointment as a public
member of the council [board] if the person or the person's spouse:
(1) is licensed by an occupational regulatory agency
in the field of engineering;
(2) is employed by or participates in the management
of an agency or business entity related to the field of engineering;
or
(3) has a financial interest other than as a consumer
in a business entity related to the field of engineering.
(b) An engineer member of the council [board] must:
(1) be a citizen of the United States and a resident of
this state for at least 10 years before the date of appointment; and
(2) have been engaged in the practice of engineering
for at least 10 years before the date of appointment.
SECTION 16. Sections 1001.103 and 1001.104, Occupations
Code, are amended to read as follows:
Sec. 1001.103. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS. (a)
A member [or employee] of the council [board] may not be:
(1) an officer, employee, or paid consultant of a
trade association in the engineering industry; or
(2) related within the second degree by affinity or
consanguinity, as determined under Chapter 573, Government Code, to
a person who is an officer, employee, or paid consultant of a trade
association in the engineering industry.
(b) A person may not serve as a member of the council [board]
or act as the general counsel to the council [board] if the person
is required to register as a lobbyist under Chapter 305, Government
Code.
Sec. 1001.104. TERMS; VACANCY. (a) Council [Board]
members serve staggered six-year terms, with the terms of one or two
[one-third of the] members expiring each odd-numbered year.
(b) If a vacancy occurs during a member's term, the
commission [governor] shall appoint a replacement to fill the
unexpired term.
SECTION 17. Sections 1001.107 and 1001.108, Occupations
Code, are amended to read as follows:
Sec. 1001.107. PER DIEM; REIMBURSEMENT. (a) A council
[board] member is entitled to receive a per diem as set by the
General Appropriations Act for each day that the member engages in
the business of the council [board].
(b) A council [board] member may not receive reimbursement
for travel expenses, including expenses for meals and lodging,
other than transportation expenses. A member is entitled to
reimbursement for transportation expenses as provided by the
General Appropriations Act.
Sec. 1001.108. OFFICERS. (a) The commission shall appoint
the presiding officer of the council.
(b) The council [board] shall elect annually from its
members [a presiding officer,] an assistant presiding officer[, and
a secretary].
SECTION 18. Section 1001.110, Occupations Code, is amended
to read as follows:
Sec. 1001.110. MEETINGS. The council [board] shall hold at
least two regular meetings each year. Special meetings shall be
held at the time provided by the commission [board's bylaws].
SECTION 19. Subchapter C, Chapter 1001, Occupations Code,
is amended by adding Section 1001.112 to read as follows:
Sec. 1001.112. COUNCIL POWERS. The council shall:
(1) advise the executive director on rules,
enforcement, licensing requirements, and other technical issues
related to the engineering profession;
(2) recommend to the executive director standards of
practice, conduct, and ethics for license holders to be adopted
under this chapter;
(3) recommend to the executive director amounts for
the fees it may set under this chapter;
(4) assist and advise the executive director in
recognizing continuing education programs and educational courses
for license holders; and
(5) advise the executive director in establishing
educational requirements for initial applicants.
SECTION 20. Section 1051.001, Occupations Code, is amended
by amending Subdivision (2) and adding Subdivisions (2-a), (2-b),
and (2-c) to read as follows:
(2) "Commission" ["Board"] means the Texas Commission
on Professional Licensing [Board of Architectural Examiners].
(2-a) "Council" means the Architects Advisory
Council.
(2-b) "Department" means the Texas Department of
Professional Licensing.
(2-c) "Executive director" means the executive
director of the department.
SECTION 21. Subchapter A, Chapter 1051, Occupations Code,
is amended by adding Section 1051.0015 to read as follows:
Sec. 1051.0015. TRANSFER OF POWERS AND DUTIES; REFERENCES
IN CHAPTER. The powers and duties assigned to the Texas Board of
Architectural Examiners under this chapter are transferred to the
Texas Department of Professional Licensing. All references in this
chapter to the Texas Board of Architectural Examiners mean the
Texas Department of Professional Licensing.
SECTION 22. The heading to Subchapter C, Chapter 1051,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. ARCHITECTS ADVISORY COUNCIL [TEXAS BOARD OF
ARCHITECTURAL EXAMINERS]
SECTION 23. Section 1051.101, Occupations Code, is amended
to read as follows:
Sec. 1051.101. [BOARD] MEMBERSHIP. (a) The Architects
Advisory Council [Texas Board of Architectural Examiners] consists
of five [nine] members appointed by the commission [governor with
the advice and consent of the senate] as follows:
(1) three [four] architect members; and
(2) two [one interior designer member registered under
Chapter 1053;
[(3) one landscape architect member registered under
Chapter 1052; and
[(4) three] members who represent the public, at least
one of whom is a person with a physical disability.
(b) Not more than one council [board] member may be:
(1) a stockholder or owner of an interest in a school
or college that teaches architecture, interior design, or landscape
architecture; or
(2) an officer or a member of the faculty or the
governing board of a school or college that teaches architecture,
interior design, or landscape architecture.
(c) Except as provided by Subsection (a)(2) [(a)(4)],
appointments to the council [board] shall be made without regard to
the race, color, disability, sex, religion, age, or national origin
of the appointee.
SECTION 24. Section 1051.102, Occupations Code, is amended
to read as follows:
Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is
not eligible for appointment as a public member of the council
[board] if the person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of architecture,
interior design, or landscape architecture;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the
commission [board] or receiving funds from the commission [board];
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission [board] or receiving funds
from the commission [board]; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the commission [board], other than
compensation or reimbursement authorized by law for commission
[board] membership, attendance, or expenses.
SECTION 25. The heading to Section 1051.103, Occupations
Code, is amended to read as follows:
Sec. 1051.103. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
SECTION 26. Sections 1051.103(b), (c), and (d), Occupations
Code, are amended to read as follows:
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of architecture, interior design, or
landscape architecture may not be a member of the council [board and
may not be an employee of the board who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for salary
group B9 of the position classification salary schedule].
(c) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of
architecture, interior design, or landscape architecture may not be
a member of the council [board and may not be an employee of the
board who is exempt from the state's position classification plan
or is compensated at or above the amount prescribed by the General
Appropriations Act for salary group B9 of the position
classification salary schedule].
(d) A person may not serve as a council [board] member or act
as the general counsel to the council [board] if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the council's [board's] operation.
SECTION 27. Sections 1051.104 and 1051.106, Occupations
Code, are amended to read as follows:
Sec. 1051.104. TERMS; VACANCY. (a) Council [Board]
members serve staggered six-year terms. The terms of one or two
[three] members expire on January 31 of each odd-numbered year.
(b) If a vacancy occurs during a member's term, the
commission [governor] shall appoint a replacement to fill the
unexpired term.
Sec. 1051.106. PER DIEM; REIMBURSEMENT. (a) A council
[board] member is entitled to receive a per diem for each day that
the member engages in council [board] business.
(b) A council [board] member is entitled to receive
reimbursement for travel expenses, including food, lodging, and
transportation expenses.
SECTION 28. Sections 1051.107(a) and (b), Occupations Code,
are amended to read as follows:
(a) The commission [governor] shall designate one council
[board] member as presiding officer [to serve in that capacity at
the pleasure of the governor].
(b) Each January, the council [board] shall elect from its
members an assistant presiding officer.
SECTION 29. Section 1051.108, Occupations Code, is amended
to read as follows:
Sec. 1051.108. MEETINGS. (a) The council [board] shall
hold at least two regular meetings each year at a time and place
determined by the council [board to:
[(1) transact its business; and
[(2) examine each applicant for registration under
this chapter].
(b) Special meetings of the council [board] must be called
by the presiding officer or, if the presiding officer is absent from
the state or is unable to act, by the assistant presiding officer.
SECTION 30. Section 1051.110, Occupations Code, is amended
to read as follows:
Sec. 1051.110. COUNCIL [BOARD] MEMBER ACTIVITIES.
Membership on the council [board] does not prohibit a member from
performing any work or providing any service on a state, county,
municipal, or other public building or work for a fee or other
direct compensation.
SECTION 31. Subchapter C, Chapter 1051, Occupations Code,
is amended by adding Section 1051.112 to read as follows:
Sec. 1051.112. COUNCIL DUTIES. The council shall:
(1) advise the executive director on rules,
enforcement, licensing requirements, and other technical issues
related to the architecture profession;
(2) recommend to the executive director standards of
practice, conduct, and ethics for registrants to be adopted under
this chapter;
(3) recommend to the executive director amounts for
the fees it may set under this chapter;
(4) assist and advise the executive director in
recognizing continuing education programs and educational courses
for registrants; and
(5) advise the executive director in establishing
educational requirements for initial applicants.
SECTION 32. Section 1052.001, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivisions (1-a), (1-b),
and (1-c) to read as follows:
(1) "Commission" ["Board"] means the Texas Commission
on Professional Licensing [Board of Architectural Examiners].
(1-a) "Council" means the Landscape Architects
Advisory Council.
(1-b) "Department" means the Texas Department of
Professional Licensing.
(1-c) "Executive director" means the executive
director of the Texas Department of Professional Licensing.
SECTION 33. Subchapter A, Chapter 1052, Occupations Code,
is amended by adding Section 1052.0015 to read as follows:
Sec. 1052.0015. TRANSFER OF POWERS AND DUTIES; REFERENCES
IN CHAPTER. The powers and duties assigned to the Texas Board of
Architectural Examiners under this chapter are transferred to the
Texas Department of Professional Licensing. All references in this
chapter to the Texas Board of Architectural Examiners mean the
Texas Department of Professional Licensing.
SECTION 34. Subchapter A, Chapter 1052, Occupations Code,
is amended by adding Sections 1052.004 and 1052.005 to read as
follows:
Sec. 1052.004. ADVISORY COUNCIL. (a) The Landscape
Architects Advisory Council consists of five members appointed by
the commission as follows:
(1) three landscape architects; and
(2) two members who represent the public.
(b) Appointments to the council shall be made without regard
to the race, creed, sex, religion, or national origin of the
appointee.
(c) A council member serves the term established by the
commission.
(d) The council is subject to Chapter 2110, Government Code.
Sec. 1052.005. COUNCIL DUTIES. The council shall:
(1) advise the executive director on rules,
enforcement, licensing requirements, and other technical issues
related to the landscape architecture profession;
(2) recommend to the executive director standards of
practice, conduct, and ethics for registrants to be adopted under
this chapter;
(3) recommend to the executive director amounts for
the fees it may set under this chapter;
(4) assist and advise the executive director in
recognizing continuing education programs and educational courses
for registrants; and
(5) advise the executive director in establishing
educational requirements for initial applicants.
SECTION 35. Section 1053.001, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivisions (1-a), (1-b),
and (1-c) to read as follows:
(1) "Commission" ["Board"] means the Texas Commission
on Professional Licensing [Board of Architectural Examiners].
(1-a) "Council" means the Interior Designers Advisory
Council.
(1-b) "Department" means the Texas Department of
Professional Licensing.
(1-c) "Executive director" means the executive
director of the Texas Department of Professional Licensing.
SECTION 36. Subchapter A, Chapter 1053, Occupations Code,
is amended by adding Section 1053.0015 to read as follows:
Sec. 1053.0015. TRANSFER OF POWERS AND DUTIES; REFERENCES
IN CHAPTER. The powers and duties assigned to the Texas Board of
Architectural Examiners under this chapter are transferred to the
Texas Department of Professional Licensing. All references in this
chapter to the Texas Board of Architectural Examiners mean the
Texas Department of Professional Licensing.
SECTION 37. Subchapter A, Chapter 1053, Occupations Code,
is amended by adding Sections 1053.004 and 1053.005 to read as
follows:
Sec. 1053.004. ADVISORY COUNCIL. (a) The Interior Designers
Advisory Council consists of five members appointed by the
commission as follows:
(1) three interior designers; and
(2) two members who represent the public.
(b) Appointments to the council shall be made without regard
to the race, creed, sex, religion, or national origin of the
appointee.
(c) A council member serves the term established by the
commission.
(d) The council is subject to Chapter 2110, Government Code.
Sec. 1053.005. COUNCIL DUTIES. The council shall:
(1) advise the executive director on rules,
enforcement, licensing requirements, and other technical issues
related to the interior design profession;
(2) recommend to the executive director standards of
practice, conduct, and ethics for registrants to be adopted under
this chapter;
(3) recommend to the executive director amounts for
the fees it may set under this chapter;
(4) assist and advise the executive director in
recognizing continuing education programs and educational courses
for registrants; and
(5) advise the executive director in establishing
educational requirements for initial applicants.
SECTION 38. The heading to Subchapter B, Chapter 1053,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. COUNCIL [BOARD POWERS AND] DUTIES
SECTION 39. Subchapter A, Chapter 1071, Occupations Code,
is amended by adding Section 1071.0015 to read as follows:
Sec. 1071.0015. TRANSFER OF POWERS AND DUTIES; REFERENCES
IN CHAPTER. The powers and duties assigned to the Texas Board of
Professional Land Surveying under this chapter are transferred to
the Texas Department of Professional Licensing. All references in
this chapter to the Texas Board of Professional Land Surveying mean
the Texas Department of Professional Licensing.
SECTION 40. Section 1071.002, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivisions (2-a), (3-a),
and (3-b) to read as follows:
(1) "Commission" ["Board"] means the Texas Commission
on [Board of] Professional Licensing [Land Surveying].
(2-a) "Council" means the Professional Land Surveying
Advisory Council.
(3-a) "Department" means the Texas Department of
Professional Licensing.
(3-b) "Executive director" means the executive
director of the department.
SECTION 41. The heading to Subchapter B, Chapter 1071,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. [TEXAS BOARD OF] PROFESSIONAL LAND SURVEYING
ADVISORY COUNCIL
SECTION 42. The heading to Section 1071.051, Occupations
Code, is amended to read as follows:
Sec. 1071.051. COUNCIL [BOARD] MEMBERSHIP.
SECTION 43. Sections 1071.051(a), (b), (e), (f), and (g),
Occupations Code, are amended to read as follows:
(a) The [Texas Board of] Professional Land Surveying
Advisory Council consists of five [10] members as follows:
(1) one [the commissioner;
[(2) two] licensed state land surveyor member
[members] actively engaged in the practice of state land surveying
for not less than the five years preceding appointment;
(2) two [(3) four] registered professional land
surveyor members actively engaged in the practice of professional
surveying in this state for not less than the five years preceding
appointment; and
(3) two [(4) three] members who represent the public.
(b) The members of the council [board other than the
commissioner] are appointed by the commission [governor with the
advice and consent of the senate. The governor shall appoint the
licensed state land surveyor board members on the recommendation of
the commissioner].
(e) A registered professional land surveyor council [board]
member may not be licensed as a licensed state land surveyor.
(f) For purposes of the experience required for appointment
as a registered professional land surveyor council [board] member,
the teaching of surveying in a recognized school of engineering or
surveying may be regarded as the practice of professional land
surveying.
(g) Appointments to the council [board] shall be made
without regard to the race, creed, sex, religion, or national
origin of the appointee.
SECTION 44. Section 1071.052, Occupations Code, is amended
to read as follows:
Sec. 1071.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is
not eligible for appointment as a public member of the council
[board] if the person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of surveying;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving funds from the commission [board];
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving funds from the commission
[board]; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the commission [board], other than
compensation or reimbursement authorized by law for council [board]
membership, attendance, or expenses.
SECTION 45. Sections 1071.053(b), (c), and (d), Occupations
Code, are amended to read as follows:
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of surveying may not be a council
[board] member [or an employee of the board who is exempt from the
state's position classification plan or is compensated at or above
the amount prescribed by the General Appropriations Act for step 1,
salary group A17, of the position classification salary schedule].
(c) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of
surveying may not be a council [board] member [or an employee of the
board who is exempt from the state's position classification plan
or is compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position
classification salary schedule].
(d) A person may not serve as a member of the council [board]
or act as the general counsel to the council [board] if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the council [board].
SECTION 46. Sections 1071.054 and 1071.055, Occupations
Code, are amended to read as follows:
Sec. 1071.054. TERMS; [OATH;] VACANCY. (a) Members of the
council [board] appointed by the commission [governor] serve
staggered six-year terms, with the terms of one or two [one-third]
of those members expiring on January 31 of each odd-numbered year.
(b) A council [board] member appointed by the commission
[governor] may not serve more than two consecutive terms.
(c) [Before assuming the duties of office, each board member
shall file with the secretary of state a copy of the constitutional
oath of office taken by the member.
[(d)] A vacancy on the council [board] is filled by
appointment by the commission [governor in the manner provided by
Section 1071.051] for the unexpired term.
Sec. 1071.055. OFFICERS. (a) The commission [governor]
shall designate one council [board] member as the [board's]
presiding officer [to serve in that capacity at the pleasure of the
governor].
(b) The council [board] shall elect a member as assistant
presiding officer at the first council [board] meeting held after
February 10 of each odd-numbered year.
SECTION 47. Section 1071.057, Occupations Code, is amended
to read as follows:
Sec. 1071.057. PER DIEM; REIMBURSEMENT. (a) Each council
[board] member [other than the commissioner] is entitled to receive
a per diem allowance as set by the legislature for each day that the
member engages in official council [board] duties, including time
spent in necessary travel.
(b) Each council [board] member [other than the
commissioner] is entitled to reimbursement for all legitimate
expenses incurred in performing the member's duties.
SECTION 48. The following laws are repealed:
(1) Sections 901.001(2), 901.006, 901.053(c),
901.054(b), 901.056, 901.058, and 901.152, Occupations Code;
(2) Subchapters C and E, Chapter 901, Occupations
Code;
(3) Sections 1001.005, 1001.105, 1001.106, 1001.109,
1001.111, and 1001.203, Occupations Code;
(4) Subchapters D and F, Chapter 1001, Occupations
Code;
(5) Sections 1051.004, 1051.105, 1051.107(c)-(e),
1051.109, 1051.111, 1051.201, and 1051.203, Occupations Code;
(6) Subchapters D and F, Chapter 1051, Occupations
Code;
(7) Section 1052.053, Occupations Code;
(8) Subchapter C, Chapter 1052, Occupations Code;
(9) Section 1053.051, Occupations Code;
(10) Subchapter C, Chapter 1053, Occupations Code;
(11) Sections 1071.003, 1071.051(c) and (d),
1071.056, 1071.058, and 1071.157, Occupations Code; and
(12) Subchapters C and E, Chapter 1071, Occupations
Code.
SECTION 49. (a) As soon as possible after the effective
date of this section, the governor shall appoint the members of the
Texas Commission on Professional Licensing in accordance with
Chapter 58, Occupations Code, as added by this Act. In making the
initial appointments, the governor shall designate two members for
terms expiring February 1, 2005, two members for terms expiring
February 1, 2007, and one member for a term expiring February 1,
2009.
(b) This section takes effect September 1, 2003.
SECTION 50. (a) As soon as possible after the establishment
of the Texas Commission on Professional Licensing, the commission
shall appoint an executive director.
(b) As soon as possible after the establishment of the Texas
Commission on Professional Licensing, the commission shall appoint
the members of the following advisory councils:
(1) the Public Accountancy Advisory Council created
under Chapter 901, Occupations Code, as amended by this Act;
(2) the Professional Engineers Advisory Council
created under Chapter 1001, Occupations Code, as amended by this
Act;
(3) the Architects Advisory Council created under
Chapter 1051, Occupations Code, as amended by this Act;
(4) the Landscape Architects Advisory Council created
under Chapter 1052, Occupations Code, as amended by this Act;
(5) the Interior Designers Advisory Council created
under Chapter 1053, Occupations Code, as amended by this Act; and
(6) the Professional Land Surveying Advisory Council
created under Chapter 1071, Occupations Code, as amended by this
Act.
SECTION 51. The Texas Department of Professional Licensing
created under this Act may, before March 1, 2005, perform only those
powers, duties, functions, programs, and activities that relate to
preparing for the transfer of powers, duties, functions, programs,
and activities to that agency in accordance with this Act. The
Texas Department of Professional Licensing created under this Act
may not operate all or any part of a licensing program before March
1, 2005.
SECTION 52. The Department of Information Resources shall
assist the Texas Department of Professional Licensing in the
development and integration of technology needed for the Texas
Commission on Professional Licensing. The Texas Department of
Professional Licensing shall pay for the costs of implementing the
technology required and reimburse the Department of Information
Resources for any expense incurred by the Department of Information
Resources. The commission shall assess a technology infrastructure
fee on each license issued by the commission.
SECTION 53. (a) The Texas Department of Professional
Licensing may not decrease a licensing fee or any fee assessed by
the department or by a state agency abolished by this Act before
September 1, 2006. Any revenue received by the department above the
amount necessary to administer the department and department
programs shall be deposited to the credit of the general revenue
fund.
(b) Except as provided by this subsection, the Texas
Commission on Professional Licensing may not modify an existing
rule or licensing procedure before March 1, 2007. The commission
may modify an existing rule or licensing procedure as necessary to
address unforeseen changes or emergency situations.
(c) The Texas Commission on Professional Licensing shall
develop and implement a six-month transition plan to phase in the
following functions in the order listed:
(1) administration;
(2) licensing;
(3) examinations; and
(4) enforcement.
SECTION 54. (a) On March 1, 2005, the following powers,
duties, functions, programs, and activities are transferred to the
Texas Commission on Professional Licensing:
(1) all powers, duties, functions, programs, and
activities related to administrative support services, such as
strategic planning and evaluation, audit, legal, human resources,
accounting, purchasing, financial management, and contract
management services, of a state agency abolished by this Act; and
(2) all powers, duties, functions, programs, and
activities related to licensing programs administered by a state
agency abolished by this Act:
(A) the Texas State Board of Public Accountancy
under Chapter 901, Occupations Code, as amended by this Act;
(B) the Texas Board of Professional Engineers
under Chapter 1001, Occupations Code, as amended by this Act;
(C) the Texas Board of Architectural Examiners
under Chapters 1051, 1052, and 1053, Occupations Code, as amended
by this Act; and
(D) the Texas Board of Professional Land
Surveying under Chapter 1071, Occupations Code, as amended by this
Act.
(b) On March 1, 2005:
(1) all obligations and contracts of a state agency
abolished by this Act that are related to a power, duty, function,
program, or activity transferred under Subsection (a) of this
section are transferred to the Texas Commission on Professional
Licensing;
(2) all property and records in the custody of a state
agency abolished by this Act that are related to a power, duty,
function, program, or activity transferred under Subsection (a) of
this section and all funds appropriated by the legislature for the
power, duty, function, program, or activity shall be transferred to
the Texas Commission on Professional Licensing; and
(3) all complaints, investigations, or contested
cases that are pending before a state agency abolished by this Act
and that are related to a power, duty, function, program, or
activity transferred under Subsection (a) of this section are
transferred without change in status to the Texas Commission on
Professional Licensing.
(c) A rule or form adopted by a state agency abolished by
this Act that relates to a power, duty, function, program, or
activity transferred under Subsection (a) of this section is a rule
or form of the Texas Commission on Professional Licensing and
remains in effect until altered by the commission.
(d) A reference in law to a state agency abolished by this
Act that relates to a power, duty, function, program, or activity
transferred under Subsection (a) of this section means the Texas
Commission on Professional Licensing.
(e) A license, permit, or certification in effect that was
issued by a state agency abolished by this Act and that relates to a
power, duty, function, program, or activity transferred under
Subsection (a) of this section is continued in effect as a license,
permit, or certification of the Texas Commission on Professional
Licensing.
SECTION 55. An action brought or proceeding commenced
before the effective date of a transfer prescribed by this Act,
including a contested case or a remand of an action or proceeding by
a reviewing court, is governed by the laws and rules applicable to
the action or proceeding before the transfer.
SECTION 56. (a) The following state agencies are
abolished:
(1) the Texas State Board of Public Accountancy;
(2) the Texas Board of Professional Engineers;
(3) the Texas Board of Architectural Examiners; and
(4) the Texas Board of Professional Land Surveying.
(b) The abolition of a state agency or entity listed in
Subsection (a) of this section and the transfer of its powers,
duties, functions, programs, activities, obligations, rights,
contracts, records, property, funds, and employees as provided by
this Act do not affect or impair an act done, any obligation, right,
order, permit, certificate, rule, criterion, standard, or
requirement existing, or any penalty accrued under former law, and
that law remains in effect for any action concerning those matters.
SECTION 57. Except as otherwise provided by this Act, this
Act takes effect March 1, 2004.