By: Van Arsdale H.B. No. 3259
A BILL TO BE ENTITLED
AN ACT
relating to the denial of a license to an applicant who is
delinquent in the payment of ad valorem taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 403, Government Code is amended by
adding Subchapter P to read as follows:
SUBCHAPTER O. DENIAL OF LICENSURE
Sec. 403.351. Definitions. In this subchapter:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority;
(B) is subject before expiration to suspension,
revocation, forfeiture, or termination by the issuing licensing
authority; and
(C) a person must obtain to:
(i) practice or engage in a particular
business, occupation, or profession;
(ii) operate a motor vehicle; or
(iii) engage in any other regulated
activity, including hunting, fishing, or other recreational
activity for which a license or permit is required.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of this state that
issues a license.
Sec. 403.352. LICENSING AUTHORITIES SUBJECT TO CHAPTER.
The following entities or their successors are licensing
authorities subject to this chapter:
(1) Department of Agriculture;
(2) Texas Commission on Alcohol and Drug Abuse;
(3) Texas Alcoholic Beverage Commission;
(4) Texas Appraiser Licensing and Certification
Board;
(5) Texas Board of Architectural Examiners;
(6) State Board of Barber Examiners;
(7) Texas Board of Chiropractic Examiners;
(8) Comptroller of Public Accounts;
(9) Texas Cosmetology Commission;
(10) Court Reporters Certification Board;
(11) State Board of Dental Examiners;
(12) Texas State Board of Examiners of Dietitians;
(13) Texas Funeral Service Commission;
(14) Texas Department of Health;
(15) Texas Department of Human Services;
(16) Texas Board of Professional Land Surveying;
(17) Texas Department of Licensing and Regulation;
(18) Texas State Board of Examiners of Marriage and
Family Therapists;
(19) Texas State Board of Medical Examiners;
(20) Midwifery Board;
(21) Texas Commission on Environmental Quality;
(22) Board of Nurse Examiners;
(23) Texas Board of Occupational Therapy Examiners;
(24) Texas Optometry Board;
(25) Parks and Wildlife Department;
(26) Texas State Board of Examiners of Perfusionists;
(27) Texas State Board of Pharmacy;
(28) Texas Board of Physical Therapy Examiners;
(29) Texas State Board of Plumbing Examiners;
(30) Texas State Board of Podiatric Medical Examiners;
(31) Polygraph Examiners Board;
(32) Texas Commission on Private Security;
(33) Texas State Board of Examiners of Professional
Counselors;
(34) Texas Board of Professional Engineers;
(35) Department of Protective and Regulatory
Services;
(36) Texas State Board of Examiners of Psychologists;
(37) Texas State Board of Public Accountancy;
(38) Department of Public Safety of the State of
Texas;
(39) Public Utility Commission of Texas;
(40) Railroad Commission of Texas;
(41) Texas Real Estate Commission;
(42) State Bar of Texas;
(43) Texas State Board of Social Worker Examiners;
(44) State Board of Examiners for Speech-Language
Pathology and Audiology;
(45) Texas Structural Pest Control Board;
(46) Board of Tax Professional Examiners;
(47) Secretary of State;
(48) Supreme Court of Texas;
(49) Texas Transportation Commission;
(50) State Board of Veterinary Medical Examiners;
(51) Texas Ethics Commission;
(52) Advisory Board of Athletic Trainers;
(53) State Committee of Examiners in the Fitting and
Dispensing of Hearing Instruments;
(54) Texas Board of Licensure for Professional Medical
Physicists;
(55) Texas Department of Insurance;
(56) Texas Board of Orthotics and Prosthetics;
(57) savings and loan commissioner;
(58) Texas Juvenile Probation Commission; and
(59) Texas Lottery Commission under Chapter 466,
Government Code.
Sec. 403.353. DENIAL OF LICENSE. (a) A licensing agency
may not issue a license to an applicant for an original or renewal
license if the individual owes delinquent ad valorem taxes to a
taxing unit in this state as shown on a current or cumulative
delinquent tax roll.
Sec. 403.354. DELINQUENT TAX ROLLS. (a) The tax collector
for a taxing unit shall deliver to the comptroller a copy of each
delinquent tax roll prepared under Section 33.03, Tax Code.
(b) The comptroller shall prescribe the form and manner in
which the delinquent tax rolls must be submitted.
Sec. 403.355. COMPUTER DATABASE. (a) From the delinquent
tax roll information provided by tax collectors, the comptroller
shall develop and maintain a computer database to be used in the
administration and enforcement of this subchapter.
(b) The comptroller shall develop procedures to enable
licensing agencies to have access to the information in the
computer database.
Sec. 403.355. APPEAL OF DENIAL. The denial of a license
under this subchapter is a final agency decision and is subject to
review as provided by Chapter 2001.
Sec. 403.356. EXEMPTION FROM LIABILITY. The comptroller,
the tax collector for a taxing unit, or a licensing authority is
exempt from liability to an applicant for an original or renewal
license for any act authorized under this chapter that is performed
by the comptroller, the tax collector, or the licensing authority.
Sec. 403.357. RULES AND FORMS. The comptroller shall adopt
rules and forms to implement and administer this subchapter.
SECTION 2. This Act takes effect September 1, 2005.