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.