By: Williams S.B. No. 957
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Texas Department of
Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 51.202, Occupations
Code, is amended to read as follows:
(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) continuing education; and
(5) any other program or activity administered by the
department for which a fee is authorized.
SECTION 2. Subchapter D, Chapter 51, Occupations Code, is
amended by adding Section 51.209 to read as follows:
Sec. 51.209. SUBPOENA. (a) The commission or executive
director may request and, if necessary, compel by subpoena:
(1) the production for inspection and copying of
records, documents, and other evidence relevant to the
investigation of an alleged violation of this chapter, a law
establishing a regulatory program administered by the department,
or a rule adopted or order issued by the commission or executive
director; and
(2) the attendance of a witness for examination under
oath.
(b) A subpoena may be issued throughout the state and may be
served by any person designated by the commission or executive
director.
(c) The department, acting through the attorney general,
may bring an action to enforce a subpoena issued under this section
against a person who fails to comply with the subpoena.
(d) Venue for an action brought under this section is in a
district court in:
(1) Travis County; or
(2) any county in which the department may hold a
hearing.
(e) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
(f) The authority of the commission or executive director to
issue a subpoena under this section may not be delegated to another
person.
SECTION 3. Section 51.353, Occupations Code, is amended to
read as follows:
Sec. 51.353. LICENSE REFUSAL; ADMINISTRATIVE SANCTIONS.
(a) The commission shall revoke, suspend, or refuse to issue or
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 or order of the commission
or executive director.
(b) The commission may probate the suspension of a [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.
SECTION 4. Subchapter G, Chapter 51, Occupations Code, is
amended by adding Sections 51.355 and 51.356 to read as follows:
Sec. 51.355. CEASE AND DESIST ORDERS. The executive
director may issue a cease and desist order if the executive
director determines that the action is necessary to prevent a
violation of:
(1) this chapter;
(2) a law establishing a regulatory program
administered by the department; or
(3) a rule adopted or order issued by the commission or
executive director.
Sec. 51.356. EMERGENCY ORDERS. (a) The executive director
may issue an emergency order, including an order to suspend or
revoke a license or to cease operation of unsafe equipment,
including an unsafe elevator or unsafe boiler, if the executive
director determines that an emergency exists requiring immediate
action to protect the public health and safety.
(b) The executive director may issue the emergency order
with or without notice and hearing as the executive director
considers practicable under the circumstances.
(c) If an emergency order is issued under this section
without a hearing, the executive director shall set the time and
place for a hearing conducted by the State Office of Administrative
Hearings to affirm, modify, or set aside the emergency order not
later than the 10th day after the date the order was issued. The
order shall be affirmed to the extent that reasonable cause existed
to issue the order.
(d) The commission by rule may prescribe procedures for the
determination and appeal of an emergency order under this section,
including a rule allowing the commission to affirm, modify, or set
aside a decision made by the State Office of Administrative
Hearings under Subsection (c).
(e) A proceeding under this section is a contested case
under Chapter 2001, Government Code.
SECTION 5. Subchapter H, Chapter 51, Occupations Code, is
amended by adding Sections 51.407, 51.408, and 51.409 to read as
follows:
Sec. 51.407. DEFERRED ADJUDICATION; REFUSAL TO ISSUE OR
RENEW LICENSE. The commission may refuse to issue or renew a
license if the commission determines that a deferred adjudication
makes the person seeking the license unfit for a license.
Sec. 51.408. TEMPORARY LICENSE. (a) The commission by
rule may provide for the issuance of a temporary license to an
applicant who:
(1) submits to the executive director an application
on a form prescribed by the executive director;
(2) meets preliminary qualifications established by
commission rule; and
(3) pays the required fees.
(b) A temporary license expires on the 21st day after the
date of issuance and may not be renewed.
(c) A temporary license holder is subject to:
(1) this chapter;
(2) any law applicable to the activity for which the
license is required; and
(3) any rule or order of the commission or the
executive director applicable to the license.
Sec. 51.409. EMERGENCY LICENSE. (a) The executive
director may issue an emergency license to a person who meets
eligibility requirements provided by:
(1) a law establishing a regulatory program
administered by the department; or
(2) a rule adopted to implement this section.
(b) The license expires on the date indicated by the
executive director, but may not exceed the 90th day after the date
of issuance.
(c) The emergency license holder may engage in the
activities indicated by the type of license only:
(1) during a time declared as a state of disaster and
the following recovery period; and
(2) in an area designated as a disaster area by:
(A) the governor; or
(B) the presiding officer of a governing body of
a political subdivision.
SECTION 6. This Act takes effect September 1, 2005.