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A BILL TO BE ENTITLED
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AN ACT
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relating to the power of the Texas Department of Licensing and |
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Regulation to issue emergency orders and temporary and emergency |
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licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 51, Occupations Code, is |
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amended by adding Section 51.3511 to read as follows: |
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Sec. 51.3511. ISSUANCE OF EMERGENCY ORDERS. (a) If the |
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executive director determines that an emergency exists requiring |
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immediate action to protect the public health and safety, the |
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executive director may issue an emergency order to: |
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(1) suspend or revoke a license or other authorization |
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issued under a program regulated by the department; or |
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(2) halt operation of an unsafe facility or unsafe |
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equipment that is subject to regulation by the department. |
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(b) The executive director may issue an emergency order with |
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or without notice and hearing as the executive director considers |
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practicable under the circumstances. |
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(c) If an emergency order is issued under this section |
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without a hearing, the executive director shall set the time and |
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place for a hearing conducted by the State Office of Administrative |
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Hearings to affirm, modify, or set aside the emergency order not |
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later than the 10th day after the date the order was issued. The |
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order shall be affirmed to the extent that reasonable cause existed |
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to issue the order. |
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(d) The commission by rule may prescribe procedures for the |
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determination and appeal of an emergency order issued under this |
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section, including a rule allowing the commission to affirm, |
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modify, or set aside a decision made by the State Office of |
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Administrative Hearings under Subsection (c). |
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(e) A proceeding under this section is a contested case |
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under Chapter 2001, Government Code. |
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SECTION 2. Subchapter H, Chapter 51, Occupations Code, is |
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amended by adding Sections 51.407 and 51.408 to read as follows: |
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Sec. 51.407. TEMPORARY LICENSE. (a) The commission by rule |
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may provide for the issuance of a temporary license to an applicant |
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who: |
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(1) submits to the executive director an application |
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on a form prescribed by the executive director; |
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(2) meets preliminary qualifications established by |
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commission rule; and |
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(3) pays any required fees. |
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(b) A temporary license issued under this section expires on |
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the 21st day after the date of issuance and may not be renewed. |
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(c) A temporary license holder is subject to: |
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(1) this chapter; |
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(2) any law applicable to the activity for which the |
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license is required; and |
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(3) any rule of the commission or the executive |
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director applicable to the license. |
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Sec. 51.408. EMERGENCY LICENSE. (a) The executive |
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director may issue an emergency license to a person who meets |
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eligibility requirements provided by: |
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(1) a law establishing a regulatory program |
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administered by the department; or |
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(2) a rule adopted to implement this section. |
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(b) An emergency license issued under this section expires |
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on the date indicated by the executive director, but not later than |
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the 90th day after the date the license is issued. |
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(c) The emergency license holder may engage in the |
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activities authorized by the type of license only: |
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(1) during a period in which a state of disaster has |
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been declared and the following recovery period; and |
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(2) in an area designated as a disaster area under |
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Chapter 418, Government Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |