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Amend HB 2644 by adding the following appropriately numbered
SECTIONS to the bill and renumbering existing SECTIONS accordingly:
SECTION ____. Section 455.159, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) A massage school or massage therapy instructor may not,
unless the school or instructor has permission from the department,
require a student to complete a number of internship hours that is
greater than a number equal to 20 percent of the classroom hours
required for a license under Section 455.156.
SECTION ____. Chapter 455, Occupations Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. MASSAGE THERAPY ADVISORY COMMITTEE
Sec. 455.401. DEFINITION. In this subchapter, "committee"
means the Massage Therapy Advisory Committee.
Sec. 455.402. COMMITTEE MEMBERSHIP. (a) The committee
consists of nine members, appointed by the commissioner of state
health services, who are license holders under this chapter.
(b) Appointments to the committee shall reflect the
historical and cultural diversity of the inhabitants of this state.
(c) Appointments to the committee shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 455.403. DUTIES. (a) The committee:
(1) shall advise the department in administering this
chapter;
(2) may review and comment on proposed rules and
amendments to rules adopted under this chapter; and
(3) may study or investigate issues relevant to the
committee's duties under this chapter.
(b) The committee must take into consideration the
diversity of practice types within the profession in each action
taken by the committee.
Sec. 455.404. MEMBERSHIP RESTRICTIONS. (a) In this
section, "Texas trade association" means a 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
interests.
(b) A person may not be a committee member if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of massage
therapy; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of massage
therapy.
(c) A person may not be a committee member 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 department.
Sec. 455.405. TERMS. Members of the committee serve
staggered six-year terms. The terms of three members expire on
February 1 of each odd-numbered year.
Sec. 455.406. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the committee that a member:
(1) does not have at the time of the member's
appointment to the committee the qualifications required by Section
455.402;
(2) does not maintain during service on the committee
the qualifications required by Section 455.402;
(3) is ineligible for membership under Section
455.404;
(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 committee meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the committee.
(b) The validity of an action of the committee is not
affected by the fact that it is taken when a ground for removal of a
member of the committee exists.
(c) If a member of the committee has knowledge that a
potential ground for removal of another member exists, the member
shall notify the presiding officer of the committee of the
potential ground. The presiding officer shall then notify the
commissioner of state health services that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the member shall notify the commissioner of
state health services that a potential ground for removal exists.
Sec. 455.407. REIMBURSEMENT. A member is entitled to
reimbursement for expenses as provided by the General
Appropriations Act.
Sec. 455.408. PRESIDING OFFICER. (a) Not later than the
30th day after the date the commissioner of state health services
appoints new committee members, the commissioner of state health
services shall designate a presiding officer. The presiding
officer serves at the pleasure of the commissioner of state health
services.
(b) The committee may appoint additional officers as
necessary.
Sec. 455.409. MEETINGS. The committee shall meet subject
to the call of the commissioner of state health services.
Sec. 455.410. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the committee may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the committee until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the programs, functions, rules,
and budget applicable to this chapter;
(2) the results of the most recent formal audit of the
department;
(3) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(4) any applicable ethics policies adopted by the
executive commissioner or the Texas Ethics Commission.
(c) A person appointed to the committee is entitled to
reimbursement, as provided by the General Appropriations Act, for
the 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.
SECTION ____. As soon as practicable after the effective
date of this Act, the commissioner of state health services shall
appoint the initial members of the advisory committee under
Subchapter I, Chapter 455, Occupations Code, as added by this Act.