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S.B. No. 1382
AN ACT
relating to the continuation of certain professional and
occupational licensing boards as self-directed and
semi-independent agencies and to certain required reports for such
agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (c), Section 4, Article
8930, Revised Statutes, are amended to read as follows:
(a) Notwithstanding any other provision of law, each
project agency shall become self-directed and semi-independent as
specified in this Act. To allow the pilot project the opportunity
to test the effectiveness of operating under the provisions of this
Act, any Act of the 78th Legislature that relates to an agency
included in Section 2 of this Act and that is inconsistent with
being self-directed and semi-independent may be implemented on
authorization by the governing board of the agency.
(c) This Act is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, this Act expires September 1, 2009 [2003].
SECTION 2. Subsection (c), Section 6, Article 8930, Revised
Statutes, is amended to read as follows:
(c) The Texas State Board of Public Accountancy shall
annually remit $703,344 [$500,000] to the general revenue fund, the
Texas Board of Professional Engineers shall annually remit $373,900
[$50,000] to the general revenue fund, and the Texas Board of
Architectural Examiners shall annually remit $510,000 [$700,000]
to the general revenue fund.
SECTION 3. Section 14, Article 8930, Revised Statutes, is
amended by adding Subsections (c) and (d) to read as follows:
(c) A project agency may retain each fiscal year an amount
of fines and other revenue the project agency receives during the
fiscal year as a result of enforcement actions that is equal to 20
percent of the total amount expended by the project agency during
the previous fiscal year, not to exceed $1 million.
(d) At the end of each fiscal year 50 percent of the
unexpended balance of the amount retained in Subsection (c) of this
section shall be deposited to the credit of the general revenue
fund.
SECTION 4. Article 8930, Revised Statutes, is amended by
adding Section 18 to read as follows:
Sec. 18. GIFTS. (a) Notwithstanding other law, a project
agency may not accept a gift, grant, or donation:
(1) from a party to an enforcement action; or
(2) to pursue a specific investigation or enforcement
action.
(b) A project agency must:
(1) report each gift, grant, or donation that the
agency receives as a separate item in the agency's detailed report
under Section 8(b) of this Act; and
(2) include with the report a statement indicating the
purpose for which each gift, grant, or donation was used.
SECTION 5. If a conflict exists between this Act and another
Act of the 78th Legislature, Regular Session, 2003, that amends the
Self-Directed Semi-Independent Agency Project Act (Article 8930,
Revised Statutes), including an Act that continues a project agency
in accordance with Chapter 325, Government Code (Texas Sunset Act),
this Act controls without regard to the relative dates of
enactment.
SECTION 6. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1382 passed the Senate on
May 8, 2003, by a viva-voce vote; and that the Senate concurred in
House amendment on May 30, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1382 passed the House, with
amendment, on May 28, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor