BILL ANALYSIS
Senate Research Center S.B. 316
80R2273 BEF-D By: Ogden
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, only some state agencies have significant authority, in statute, to address false statements made in applications and renewals of application with no single, consistent source of authority for agencies to rely on when addressing the problem of false statements made by applicants. During a recent Senate Finance Committee budget hearing, there was discussion about the problem of applicants lying on applications and how this can cause problems for state agencies. In particular, the Board of Nurse Examiners raised the issue of applicants failing to disclose required information about their criminal history.
As proposed, S.B. 316 authorizes a licensing authority to suspend or revoke a person's license if the authority determines, after notice and hearing, that the person knowingly made a false statement in connection with applying for or renewing a license.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Chapter 2005, Government Code, to read as follows:
CHAPTER 2005. MISCELLANEOUS PROVISIONS RELATING TO STATE LICENSES AND PERMITS
SECTION 2. Designates existing Sections 2005.001-2005.007, Government Code, as Subchapter A, Chapter 2005, Government Code, and adds a subchapter heading, to read as follows:
SUBCHAPTER A. PERMIT PROCESSING
SECTION 3. Amends Chapter 2005, Government Code, by adding Subchapter B, as follows:
SUBCHAPTER B. SUSPENSION OR REVOCATION FOR FALSE STATEMENT
Sec. 2005.051. DEFINITIONS. Defines "license" and "licensing authority."
Sec. 2005.052. SUSPENSION OR REVOCATION FOR FALSE STATEMENT. Authorizes a licensing authority to suspend or revoke a person's license if the authority determines, after notice and hearing, that the person knowingly made a false statement in connection with applying for or renewing the license. Establishes that such a suspension or revocation is governed by the same administrative procedures that apply to other disciplinary actions taken by the licensing authority.
SECTION 4. Amends Section 2005.001, Government Code, by making a conforming change.
SECTION 5. Amends Section 2005.002, Government Code, by making a conforming change.
SECTION 6. Amends Section 2005.005, Government Code, by making a conforming change.
SECTION 7. Amends Section 2005.006(a), Government Code, by making a conforming change.
SECTION 8. Amends Section 2005.007(b), Government Code, by making a conforming change.
SECTION 9. Makes application of this Act prospective.
SECTION 10. Effective date: September 1, 2007.