78R6577 YDB-D

By:  Smith of Tarrant                                             H.B. No. 3231



A BILL TO BE ENTITLED

AN ACT

relating to the operation of the Health Professions Council.                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 101, Occupations Code, is 
amended by adding Sections 101.008, 101.0081, 101.009, 101.010, 
101.011, and 101.012 to read as follows:
	Sec. 101.008.  SUNSET PROVISION.  The Health Professions 
Council is subject to Chapter 325, Government Code (Texas Sunset 
Act). Unless continued in existence as provided by that chapter, 
the council is abolished and this chapter expires September 1, 
2015.
	Sec. 101.0081.  SPECIAL PURPOSE SUNSET REVIEW.  (a)  During 
the period preceding the regular session of the 79th Legislature, 
the Sunset Advisory Commission shall perform a special purpose 
review of the council. In the review, the sunset commission may only 
review the appropriateness of the recommendations made by the 
commission to the regular session of the 78th Legislature regarding 
the council. In the sunset commission's report to the 79th 
Legislature, the commission may include any of those prior 
recommendations the commission considers appropriate.
	(b)  The council and the agencies composing the council shall 
cooperate with the Sunset Advisory Commission in the review and 
shall provide to the commission any information the commission 
considers necessary for the review.
	(c)  This section expires September 1, 2005.                            
	Sec. 101.009.  RULES.  (a)  The council may adopt rules to 
govern the operation and administration of an agency listed in 
Section 101.002.
	(b)  The council may adopt rules related to the management of 
an agency listed in Section 101.002, including rules governing 
information technology, human resources, and financial services.
	(c)  The council may not adopt a rule related to the practice 
of a profession regulated by an agency listed in Section 101.002.
	Sec. 101.010.  COUNCIL POLICIES.  The council shall adopt 
policies to govern the agencies that compose the council.
	Sec. 101.011.  COUNCIL POWERS.  (a)  The council may manage 
the operations of an agency listed in Section 101.002.
	(b)  The council shall exercise the administrative 
responsibilities of information technology, human resources, and 
financial operations of an agency listed in Section 101.002.
	Sec. 101.012.  DIVISION OF RESPONSIBILITIES.  (a)  The 
council shall develop and implement policies that clearly separate 
the policy-making responsibilities and the management 
responsibilities of the council and the agencies that compose the 
council.
	(b)  Notwithstanding any other law, an agency listed in 
Section 101.002 may not adopt a rule related to the organization, 
operating procedures, or management of the agency that is 
determined by council rule to be within the council's 
responsibility.
	SECTION 2.  This Act takes effect September 1, 2003.