H.B. No. 1155
AN ACT
relating to the continuation and functions of the Texas State Board 
of Examiners of Dietitians.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 701.002(1) and (2), Occupations Code, 
are amended to read as follows:
		(1)  "Commissioner" means the commissioner of state 
health services [public health].
		(2)  "Department" means the [Texas] Department of State
Health Services.
	SECTION 2.  Section 701.003, Occupations Code, is amended to 
read as follows:
	Sec. 701.003.  APPLICATION OF SUNSET ACT.  The Texas State 
Board of Examiners of Dietitians is subject to Chapter 325, 
Government Code (Texas Sunset Act). Unless continued in existence 
as provided by that chapter, the board is abolished September 1, 
2017 [2005].
	SECTION 3.  Section 701.053, Occupations Code, is amended to 
read as follows:
	Sec. 701.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  
In this section, "Texas trade association" means a [nonprofit,] 
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 [An officer, employee, or paid consultant of a 
Texas trade association in the field of dietetics] may not be a 
dietitians board member and may not be an employee of the department 
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.) if:
		(1)  the person is an officer, employee, or paid 
consultant of a Texas trade association in the field of dietetics; 
or
		(2)  the person's spouse is [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 
dietetics [may not be a dietitians board member 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].
	(c) [(d)]  A person may not be [serve as] a member of the 
dietitians board or act as the general counsel to the board 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 board.
	SECTION 4.  Sections 701.055(a) and (c), Occupations Code, 
are amended to read as follows:
	(a)  It is a ground for removal from the dietitians board 
that a member:     
		(1)  does not have at the time of taking office
[appointment] the qualifications required by Section 701.051(a)
[for appointment to the board];
		(2)  does not maintain during service on the board the 
qualifications required by Section 701.051(a) [for appointment to 
the board];
		(3)  is ineligible for membership under Section 701.052 
or 701.053 [violates a prohibition established by this chapter];
		(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 board meetings that the member is eligible to attend 
during a calendar year without an excuse approved[, unless the 
absence is excused] by a majority vote of the board.
	(c)  If the executive secretary has knowledge that a 
potential ground for removal exists, the executive secretary shall 
notify the presiding officer of the dietitians board of the 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 secretary shall notify the assistant presiding officer, 
who shall then notify the governor and the attorney general that a 
potential ground for removal exists.
	SECTION 5.  The heading to Section 701.056, Occupations 
Code, is amended to read as follows:
	Sec. 701.056.  [PER DIEM;] REIMBURSEMENT.                     
	SECTION 6.  Section 701.056(b), Occupations Code, is amended 
to read as follows:
	(b)  A member is entitled to reimbursement for travel
[transportation] expenses as provided by the General 
Appropriations Act.
	SECTION 7.  Section 701.057, Occupations Code, is amended to 
read as follows:
	Sec. 701.057.  OFFICERS.  (a)  The governor shall designate a 
member of the dietitians board as the presiding officer of the board 
to serve in that capacity at the pleasure of the governor.
	(b)  Not later than the 30th day after the date the governor 
appoints new board members, the dietitians board shall meet to 
elect an [a presiding officer and] assistant presiding officer, who 
holds [hold] office according to board rules.
	SECTION 8.  Sections 701.059(a), (b), and (c), Occupations 
Code, are amended to read as follows:
	(a)  A person who is appointed to and qualifies for office as 
a member of the dietitians board may not vote, deliberate, or be 
counted as a member in attendance at a meeting of the board until 
the person completes [Before a dietitians board member may assume 
the member's duties and before the member may be confirmed by the 
senate, the member must complete at least one course of] a training 
program that complies with [established by the board under] this 
section.
	(b)  The training program [established by the dietitians 
board] must provide the person with information [to a participant] 
regarding:
		(1)  this chapter and the dietitians board's programs, 
functions, rules, and budget;
		(2)  [the programs operated by the board;                    
		[(3)  the role and functions of the board;                   
		[(4)  the rules of the board, with an emphasis on the 
rules that relate to disciplinary and investigatory authority;
		[(5)  the current budget for the board;                      
		[(6)]  the results of the most recent formal audit of 
the board;
		(3) [(7)]  the requirements of laws relating to open 
meetings, public information, administrative procedure, and 
conflicts-of-interest [Chapters 551, 552, 2001, and 2002, 
Government Code;
		[(8)  the requirements of the conflict of interest laws 
and other laws relating to public officials]; and
		(4) [(9)]  any applicable ethics policies adopted by 
the board or the Texas Ethics Commission.
	(c)  A person appointed to the dietitians board is entitled 
to reimbursement, as provided by the General Appropriations Act, 
for 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 [In developing the 
training program, the dietitians board shall consult with the 
governor, the attorney general, and the Texas Ethics Commission].
	SECTION 9.  Section 701.104, Occupations Code, is amended to 
read as follows:
	Sec. 701.104.  DIVISION OF RESPONSIBILITIES.  The dietitians 
board shall develop and implement policies that clearly separate
[define] the policymaking [respective] responsibilities of the 
board and the management responsibilities of the executive 
secretary and the staff of the department [board].
	SECTION 10.  Subchapter D, Chapter 701, Occupations Code, is 
amended by adding Section 701.1535 to read as follows:
	Sec. 701.1535.  RULES ON CONSEQUENCES OF CRIMINAL 
CONVICTION.  (a)  The dietitians board shall adopt rules necessary 
to comply with Chapter 53.
	(b)  In its rules under this section, the dietitians board 
shall list the specific offenses for which a conviction would 
constitute grounds for the board to take action under Section 
53.021.
	SECTION 11.  Subchapter D, Chapter 701, Occupations Code, is 
amended by adding Sections 701.159, 701.160, and 701.161 to read as 
follows:
	Sec. 701.159.  DELEGATION TO COMMITTEE.  The dietitians 
board may delegate a function or activity required by this chapter 
to a committee of board members on a permanent or temporary basis if 
the board agrees to the delegation.
	Sec. 701.160.  USE OF TECHNOLOGY.  The dietitians board 
shall implement a policy requiring the board to use appropriate 
technological solutions to improve the board's ability to perform 
its functions.  The policy must ensure that the public is able to 
interact with the board on the Internet.
	Sec. 701.161.  NEGOTIATED RULEMAKING AND ALTERNATIVE 
DISPUTE RESOLUTION POLICY.  (a)  The dietitians board shall develop 
and implement a policy to encourage the use of:
		(1)  negotiated rulemaking procedures under Chapter 
2008, Government Code, for the adoption of board 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 board's 
jurisdiction.
	(b)  The dietitians board'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 dietitians board 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 board.
	SECTION 12.  Section 701.203, Occupations Code, is amended 
to read as follows:
	Sec. 701.203.  RECORDS OF COMPLAINTS.  (a)  The dietitians 
board shall maintain a system to promptly and efficiently act on 
complaints filed with the board.  The board shall maintain:
		(1)  information about the parties to the complaint and 
the subject matter of the complaint;
		(2)  a summary of the results of the review or 
investigation of the complaint; and
		(3)  information about the disposition of the complaint
[keep an information file about each complaint filed with the 
board.  The information file must be kept current and contain a 
record for each complaint of:
		[(1)  each person contacted in relation to the 
complaint;  
		[(2)  a summary of findings made at each step of the 
complaint process;
		[(3)  an explanation of the legal basis and reason for a 
complaint that is dismissed;
		[(4)  the schedule established for the complaint under 
Section 701.204(b) and a notation of any change in the schedule; and
		[(5)  other relevant information].                           
	(b)  The dietitians board shall make information available 
describing its procedures for complaint investigation and 
resolution.
	(c)  The dietitians board shall periodically notify the 
parties of the status of the complaint until final disposition of 
the complaint. [If a written complaint is filed with the dietitians 
board that the board or department has authority to resolve, the 
board, at least quarterly and until final disposition of the 
complaint, shall notify the parties to the complaint of the status 
of the complaint unless notice would jeopardize an undercover 
investigation.]
	SECTION 13.  Subchapter E, Chapter 701, Occupations Code, is 
amended by adding Section 701.206 to read as follows:
	Sec. 701.206.  COMPLAINT COMMITTEE.  The dietitians board 
shall appoint at least one public member to any board committee 
established to review a complaint filed with the board or review an 
enforcement action against a license holder related to a complaint 
filed with the board.
	SECTION 14.  The heading to Section 701.253, Occupations 
Code, is amended to read as follows:
	Sec. 701.253.  LICENSE EXAMINATION.                                     
	SECTION 15.  Section 701.253(b), Occupations Code, is 
amended to read as follows:
	(b)  Except as provided by Subsection (f), an applicant must 
pass a license [competency] examination to qualify for a license 
under this chapter.
	SECTION 16.  The heading to Section 701.256, Occupations 
Code, is amended to read as follows:
	Sec. 701.256.  LICENSING EXAMINATION RESULTS.                           
	SECTION 17.  Section 701.256(a), Occupations Code, is 
amended to read as follows:
	 (a)  The department shall notify each examinee of the 
licensing examination results not later than the 30th day after the 
date the examination is administered.  If an examination is graded 
or reviewed by a national or state testing service, the department 
shall notify each examinee of the examination results not later 
than the 14th day after the date the department receives the results 
from the testing service.
	SECTION 18.  Section 701.257, Occupations Code, is amended 
to read as follows:
	Sec. 701.257.  REEXAMINATION FOR LICENSING EXAMINATION.  An 
applicant who fails the licensing examination three times must 
provide evidence to the dietitians board that the applicant has 
successfully completed credit hours in the applicant's areas of 
weakness before the applicant may apply for reexamination.
	SECTION 19.  Subchapter F, Chapter 701, Occupations Code, is 
amended by adding Section 701.2575 to read as follows:
	Sec. 701.2575.  JURISPRUDENCE EXAMINATION.  (a)  The 
dietitians board shall develop and administer at least twice each 
calendar year a jurisprudence examination to determine an 
applicant's knowledge of this chapter, board rules, and any other 
applicable laws of this state affecting the applicant's dietetics 
practice.
	(b)  In addition to the license examination required by 
Section 701.253, an applicant must pass a jurisprudence examination 
to qualify for a license under this chapter.
	(c)  The dietitians board shall adopt rules to implement this 
section, including rules related to the development and 
administration of the examination, examination fees, guidelines 
for reexamination, grading the examination, and providing notice of 
examination results.
	SECTION 20.  Sections 701.301(a) and (d), Occupations Code, 
are amended to read as follows:
	(a)  A license is valid for two years [one year] after the 
date of issuance and may be renewed biennially [annually].
	(d)  A person whose license has been expired for 90 days or 
less may renew the license by paying to the dietitians board [the 
required renewal fee and] a fee that is equal to 1-1/4 times [half] 
the amount of the renewal [examination] fee for the license.  If a 
license has been expired for more than 90 days but less than one 
year, the person may renew the license by paying to the board [all 
unpaid renewal fees and] a fee that is equal to 1-1/2 times the 
amount of the renewal fee for the license.
	SECTION 21.  Subchapter G, Chapter 701, Occupations Code, is 
amended by adding Section 701.304 to read as follows:
	Sec. 701.304.  GROUNDS FOR REFUSING RENEWAL.  The dietitians 
board may refuse to renew the license of a person who fails to pay an 
administrative penalty imposed under Subchapter K, unless 
enforcement of the penalty is stayed or a court has ordered that the 
administrative penalty is not owed.
	SECTION 22.  Section 701.401, Occupations Code, is amended 
to read as follows:
	Sec. 701.401.  GROUNDS FOR DISCIPLINARY ACTION.  The 
dietitians board shall refuse to renew a license, revoke or suspend 
a license, place on probation a person whose license has been 
suspended, or reprimand a license holder for a violation of this 
chapter or a rule or code of ethics adopted by the board.
	SECTION 23.  Section 701.402(a), Occupations Code, is 
amended to read as follows:
	(a)  If the dietitians board proposes to refuse to renew a 
license, revoke, or suspend a person's license, the person is 
entitled to a hearing before the board.
	SECTION 24.  The heading to Subchapter J, Chapter 701, 
Occupations Code, is amended to read as follows:
SUBCHAPTER J.  PENALTIES AND OTHER ENFORCEMENT PROVISIONS
	SECTION 25.  Subchapter J, Chapter 701, Occupations Code, is 
amended by adding Sections 701.452 and 701.453 to read as follows:
	Sec. 701.452.  CEASE AND DESIST ORDER.  (a)  If it appears to 
the dietitians board that a person who is not licensed under this 
chapter is violating this chapter or a rule adopted under this 
chapter, the board after notice and opportunity for a hearing may 
issue a cease and desist order prohibiting the person from engaging 
in the activity.
	(b)  A violation of an order under this section constitutes 
grounds for imposing an administrative penalty under this chapter.
	Sec. 701.453.  INJUNCTION.  (a)  The dietitians board may 
apply to a district court in any county for an injunction to 
restrain a violation of Section 701.251 by a person.
	(b)  At the request of the board, the attorney general shall 
initiate and conduct an action in a district court in the state's 
name to obtain an injunction under this section.
	SECTION 26.  Section 701.502, Occupations Code, is amended 
by adding Subsection (c) to read as follows:
	(c)  The dietitians board by rule shall adopt an 
administrative penalty schedule based on the criteria listed in 
Subsection (b) for violations of this chapter or board rules to 
ensure that the amounts of penalties imposed are appropriate to the 
violation.  The board shall provide the administrative penalty 
schedule to the public on request.
	SECTION 27.  Subchapter K, Chapter 701, Occupations Code, is 
amended by adding Section 701.512 to read as follows:
	Sec. 701.512.  REFUND.  (a)  Subject to Subsection (b), the 
dietitians board may order a license holder to pay a refund to a 
consumer as provided in an agreement resulting from an informal 
settlement conference instead of or in addition to imposing an 
administrative penalty under this chapter.
	(b)  The amount of a refund ordered as provided in an 
agreement resulting from an informal settlement conference may not 
exceed the amount the consumer paid to the license holder for a 
service regulated by this chapter.  The board may not require 
payment of other damages or estimate harm in a refund order.
	SECTION 28.  Sections 701.056(a) and 701.059(d), 
Occupations Code, are repealed.
	SECTION 29.  (a)  Not later than January 1, 2006, the Texas 
State Board of Examiners of Dietitians shall:
		(1)  develop and implement the policies required by 
Sections 701.160 and 701.161, Occupations Code, as added by this 
Act; and
		(2)  adopt the rules required by Chapter 701, 
Occupations Code, as amended by this Act.
	(b)  Not later than March 1, 2006, the Texas State Board of 
Examiners of Dietitians shall develop the jurisprudence 
examination required by Section 701.2575, Occupations Code, as 
added by this Act.
	SECTION 30.  (a)  The changes in law made by Sections 
701.053, 701.055, and 701.059, Occupations Code, as amended by this 
Act, regarding the prohibitions on or qualifications of members of 
the Texas State Board of Examiners of Dietitians do not affect the 
entitlement of a member serving on the board immediately before 
September 1, 2005, to continue to serve and function as a member of 
the board for the remainder of the member's term.  The changes in 
law made by those sections apply only to a member appointed on or 
after September 1, 2005.
	(b)  The changes in law made by this Act with respect to 
conduct that is grounds for imposition of a disciplinary sanction 
or for obtaining an injunction apply only to conduct that occurs on 
or after the effective date of this Act.  Conduct that occurs before 
the effective date of this Act is governed by the law in effect on 
the date the conduct occurred, and the former law is continued in 
effect for that purpose.
	(c)  The change in law made by Section 701.2575, Occupations 
Code, as added by this Act, regarding the jurisprudence 
examination, applies only to an application for a license filed 
with the Texas State Board of Examiners of Dietitians under Chapter 
701, Occupations Code, as amended by this Act, on or after September 
1, 2006.
	SECTION 31.  Notwithstanding Section 701.301, Occupations 
Code, as amended by this Act, the fee for an applicant renewing an 
expired license under Chapter 701, Occupations Code, before 
September 1, 2007, is governed by the law in effect immediately 
before the effective date of this Act, and the former law is 
continued in effect for that purpose.  An applicant who renews an 
expired license under Chapter 701, Occupations Code, on or after 
September 1, 2007, is subject to the fees provided by Section 
701.301, Occupations Code, as amended by this Act.
	SECTION 32.  This Act takes effect September 1, 2005.                          
______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      
	I certify that H.B. No. 1155 was passed by the House on April 
19, 2005, by a non-record vote.
                                                  ______________________________
                                                     Chief Clerk of the House   
	I certify that H.B. No. 1155 was passed by the Senate on May 
12, 2005, by the following vote:  Yeas 31, Nays 0.
                                                  ______________________________
                                                     Secretary of the Senate    
APPROVED:  _____________________                                            
 
                   Date                                                      
 
          _____________________                                          
 
                 Governor