By: Jackson S.B. No. 1475
 
 
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.  Section 51.001, Occupations Code, is amended to
  read as follows:
         Sec. 51.001.  DEFINITIONS.  In this chapter:
               (1)  "Advisory board" means a board, committee,
  council, or other entity with multiple members that has as its
  primary function advising the commission or department.
               (2)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (3) [(2)]  "Department" means the Texas Department of
  Licensing and Regulation.
               (4) [(3)]  "License" means a license, certificate,
  registration, title, or permit issued by the department.
               (5) [(4)]  "License holder" means a person who holds a
  license issued by the department.
               (6) [(5)]  "Respondent" means a person, regardless of
  whether the person is a license holder, who is charged with
  violating a law establishing a regulatory program administered by
  the department or a rule adopted or order issued by the commission
  or executive director.
               (7) [(6)]  "Sanction" means an action by the executive
  director against a license holder or another person, including the
  denial, suspension, or revocation of a license, the reprimand of a
  license holder, or the placement of a license holder on probation.
         SECTION 2.  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 3.  Subchapter D, Chapter 51, Occupations Code, is
  amended by adding Sections 51.209, 51.210, and 51.211 to read as
  follows:
         Sec. 51.209.  APPOINTMENT OF ADVISORY BOARD MEMBERS.  
  (a)  Except as otherwise provided by law, the presiding officer of
  the commission, with the commission's approval, shall:
               (1)  appoint the members of the advisory board; and
               (2)  appoint a member of the advisory board to serve as
  presiding officer of the advisory board.
         (b)  An advisory board member shall serve without
  compensation but is entitled to reimbursement for actual and
  necessary expenses incurred in performing advisory board
  functions, subject to the General Appropriations Act.
         Sec. 51.210.  REMOVAL OF ADVISORY BOARD MEMBER.  (a)  An
  advisory board member who was appointed by the presiding officer of
  the commission with the commission's approval may be removed from
  the advisory board by the presiding officer of the commission with
  the commission's approval on the grounds that the member:
               (1)  does not have at the time of taking office the
  qualifications required by the law or rule authorizing appointment
  of the member;
               (2)  does not maintain during service on the advisory
  board the qualifications required by the law or rule authorizing
  appointment of the member;
               (3)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (4)  is absent from more than half of the regularly
  scheduled advisory board meetings that the member is eligible to
  attend during a calendar year without an excuse approved by a
  majority vote of the advisory board.
         (b)  The validity of an action of an advisory board is not
  affected by the fact that it is taken when a ground for removal of a
  member exists.
         Sec. 51.211.  STATE AGENCY CRIMINAL HISTORY PROCEDURES.  
  (a)  The department may assist other state agencies in developing
  consistent procedures to obtain and use criminal history record
  information for licensing, regulatory, and related purposes.
         (b)  The department may provide funds to other state agencies
  to assist with developing and implementing the procedures described
  under Subsection (a).
         SECTION 4.  Subchapter G, Chapter 51, Occupations Code, is
  amended by adding Section 51.3511 to read as follows:
         Sec. 51.3511.  SUBPOENAS.  (a)  The department may issue a
  subpoena as provided by this section.
         (b)  The department 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.
         (c)  A subpoena under this section may be issued throughout
  the state and may be served by any person designated by the
  commission or the executive director.
         (d)  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.
         (e)  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.
         (f)  The court shall order compliance with the subpoena if
  the court finds that good cause exists to issue the subpoena.
         SECTION 5.  Section 51.353, Occupations Code, is amended to
  read as follows:
         Sec. 51.353.  LICENSE DENIAL; ADMINISTRATIVE SANCTIONS.  
  (a)  The commission shall revoke, suspend, deny an application for, 
  or refuse to 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 the 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 6.  Subchapter G, Chapter 51, Occupations Code, is
  amended by adding Sections 51.355, 51.356, and 51.357 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
  the executive director.
         Sec. 51.356.  EMERGENCY ORDERS.  (a)  If the executive
  director determines that an emergency exists requiring immediate
  action to protect the public health and safety, the executive
  director may issue an emergency order to suspend or revoke a license
  or to halt operation of an unsafe facility or unsafe equipment that
  is subject to regulation by the department.
         (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.
         Sec. 51.357.  DEFERRED ADJUDICATION; LICENSE SUSPENSION,
  LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE.  
  (a)  The commission may suspend, revoke, deny an application for,
  or refuse to renew a license if the commission determines that a
  deferred adjudication makes the person holding or seeking the
  license unfit for the license.
         (b)  In making a determination under Subsection (a), the
  commission shall consider the factors set forth in Sections 53.022
  and 53.023 and the guidelines issued by the department under
  Section 53.025.
         SECTION 7.  Subchapter H, Chapter 51, Occupations Code, is
  amended by adding Sections 51.407 and 51.408 to read as follows:
         Sec. 51.407.  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 of the commission or the executive
  director applicable to the license.
         Sec. 51.408.  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 not later than the 90th day after the date
  the license is issued.
         (c)  The emergency license holder may engage in the
  activities authorized 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 under
  Chapter 418, Government Code.
         SECTION 8.  This Act takes effect September 1, 2007.