Amend CSSB 1811 by adding the appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. (a) Chapter 301, Occupations Code, is amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD
Sec. 301.071. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS. Notwithstanding any other provision of law, the board is self-directed and semi-independent as specified by this subchapter.
Sec. 301.072. BUDGET, REVENUES, AND EXPENSES. (a) The executive director shall submit to the board a budget annually using generally accepted accounting principles. Notwithstanding any other provision of law, including the General Appropriations Act, the budget shall be adopted and approved only by the board.
(b) The board shall be responsible for all direct and indirect costs of the board's existence and operation. The board may not directly or indirectly cause the general revenue fund to incur any cost.
(c) Subject to any limitations in this chapter, the board may set the amounts of fees, penalties, charges, and revenues required or permitted by statute or rule as necessary for the purpose of carrying out the functions of the board and funding the budget adopted and approved under Subsection (a).
(d) Except as provided by Subsection (e), all fees and funds collected by the board and any funds appropriated to the board shall be deposited in interest-bearing deposit accounts in the Texas Treasury Safekeeping Trust Company. The comptroller shall contract with the board for the maintenance of the deposit accounts under terms comparable to a contract between a commercial banking institution and the institution's customers.
(e) The board shall annually remit $5.75 million to the general revenue fund.
(f) Periodically, the executive director shall submit to the board, as directed by the board, a report of the receipts and expenditures of the board.
(g) The fiscal year for the board begins on September 1 and ends on August 31.
Sec. 301.073. AUDITS. (a) This subchapter does not affect the duty of the state auditor to audit the board. The state auditor shall enter into a contract and schedule with the board to conduct audits, including financial reports and performance audits.
(b) Not later than August 31 of each fiscal year, the board shall remit a nonrefundable retainer to the state auditor in an amount not less than $25,000. The board shall reimburse the state auditor for all costs, in excess of the nonrefundable retainer amounts paid each fiscal year, incurred in performing the audits and shall provide to the governor a copy of any audit performed.
Sec. 301.074. RECORDS; REPORTING REQUIREMENTS. (a) The board shall keep financial and statistical information as necessary to disclose completely and accurately the financial condition and results of operations of the board.
(b) Before the beginning of each regular session of the legislature, the board shall submit to the legislature and the governor a report describing all of the board's activities in the previous biennium. The report must include:
(1) an audit as required by Section 301.073;
(2) a financial report of the previous fiscal year, including reports on financial condition and results of operations;
(3) a description of all changes in fees imposed by the board;
(4) a report on the number of examination candidates and license holders and the programs of study and enforcement activities of the board; and
(5) a list of all new rules adopted or repealed.
(c) In addition to the reporting requirements of Subsection (b), not later than November 1 of each year, the board shall submit to the governor, the committee of each house of the legislature that has jurisdiction over appropriations, and the Legislative Budget Board a report that contains:
(1) the salary for all board personnel and the total amount of per diem expenses and travel expenses paid for all board employees;
(2) the total amount of per diem expenses and travel expenses paid for each member of the board;
(3) the board's operating plan and annual budget; and
(4) a detailed report of all revenue received and all expenses incurred by the board in the previous 12 months.
Sec. 301.075. ABILITY TO CONTRACT. (a) To carry out and promote the objectives of this chapter, the board may enter into contracts and do all other acts incidental to those contracts that are necessary for the administration of the board's affairs and for the attainment of the board's purposes, except as limited by Subsection (b).
(b) Any indebtedness, liability, or obligation of the board incurred under this section may not:
(1) create a debt or other liability of this state or another entity other than the board; or
(2) create any personal liability on the part of the members of the board or the board's employees.
Sec. 301.076. PROPERTY. The board may:
(1) acquire by purchase, lease, gift, or any other manner provided by law and maintain, use, and operate any real, personal, or mixed property, or any interest in property, necessary or convenient to the exercise of the powers, rights, privileges, or functions of the board;
(2) sell or otherwise dispose of any real, personal, or mixed property, or any interest in property, that the board determines is not necessary or convenient to the exercise of the board's powers, rights, privileges, or functions;
(3) construct, extend, improve, maintain, and reconstruct, or cause to construct, extend, improve, maintain, and reconstruct, and use and operate all facilities necessary or convenient to the exercise of the powers, rights, privileges, or functions of the board; and
(4) borrow money, as may be authorized from time to time by an affirmative vote of a two-thirds majority of the board, for a period not to exceed five years if necessary or convenient to the exercise of the board's powers, rights, privileges, or functions.
Sec. 301.077. ADMINISTRATIVE HEARINGS. (a) Not later than August 31 of each fiscal year, the board shall remit a nonrefundable retainer to the State Office of Administrative Hearings in an amount not less than $50,000 for hearings conducted under this chapter.
(b) The nonrefundable retainer shall be applied to the costs associated with conducting the hearings. If additional costs are incurred, the State Office of Administrative Hearings may assess and collect from the board reasonable fees, in excess of the nonrefundable retainer amount paid each fiscal year, associated with conducting a hearing under this chapter.
Sec. 301.078. SUITS. (a) The office of the attorney general shall represent the board in any litigation.
(b) Not later than August 31 of each fiscal year, the board shall remit a nonrefundable retainer to the office of the attorney general in an amount not less than $25,000. The nonrefundable retainer shall be applied to any services provided to the board. If additional litigation services are required, the attorney general may assess and collect from the board reasonable attorney's fees, in excess of the nonrefundable retainer amount paid each fiscal year, associated with any litigation under this section.
Sec. 301.079. POST-PARTICIPATION LIABILITY. (a) If the board no longer has status under this subchapter as a self-directed semi-independent agency for any reason, the board shall be liable for any expenses or debts incurred by the board during the time the board was a self-directed semi-independent agency. The board's liability under this section includes liability for any lease entered into by the board. This state is not liable for any expense or debt covered by this subsection, and money from the general revenue fund may not be used to repay the expense or debt.
(b) If the board no longer has status under this subchapter as a self-directed semi-independent agency for any reason, ownership of any property or other asset acquired by the board during the time the board was a self-directed semi-independent agency, including unexpended fees in a deposit account in the Texas Treasury Safekeeping Trust Company, shall be transferred to this state.
Sec. 301.080. DUE PROCESS; OPEN GOVERNMENT. The board is:
(1) a governmental body for purposes of Chapters 551 and 552, Government Code; and
(2) a state agency for purposes of Chapters 2001 and 2005, Government Code.
Sec. 301.081. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. Employees of the board are members of the Employees Retirement System of Texas under Chapter 812, Government Code, and the board's transition to semi-independent status as provided by this subchapter has no effect on the employees' membership or any benefits under that system.
Sec. 301.082. GIFTS. (a) Notwithstanding any other law, the board may not accept a gift, grant, or donation:
(1) from a party to an enforcement action; or
(2) to pursue a specific investigation or enforcement action.
(b) The board must:
(1) report each gift, grant, or donation that the board receives as a separate item in the board's report required under Section 301.074(b); and
(2) include with the report a statement indicating the purpose for which each gift, grant, or donation was donated and used.
(b) Section 301.056, Occupations Code, is amended to read as follows:
Sec. 301.056. PER DIEM; REIMBURSEMENT. (a) Each board member is entitled to receive a per diem [as set by the General Appropriations Act] for each day the member engages in the business of the board.
(b) A board member is entitled to reimbursement for travel expenses incurred while conducting board business, including expenses for transportation, meals, and lodging[, as provided by the General Appropriations Act].
(c) Section 301.059(c), Occupations Code, is amended to read as follows:
(c) A person appointed to the board 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.
(d) Section 301.155(a), Occupations Code, is amended to read as follows:
(a) The board by rule shall establish fees in amounts reasonable and necessary to cover the costs of administering this chapter. [The board may not set a fee that existed on September 1, 1993, in an amount less than the amount of that fee on that date.]
(e) Chapter 552, Occupations Code, is amended by designating Sections 552.001 through 552.012 as Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A. BOARD
(f) Chapter 552, Occupations Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD
Sec. 552.051. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS. Notwithstanding any other provision of law, the board is self-directed and semi-independent as specified by this subchapter.
Sec. 552.052. BUDGET, REVENUES, AND EXPENSES. (a) The executive director shall submit to the board a budget annually using generally accepted accounting principles. Notwithstanding any other provision of law, including the General Appropriations Act, the budget shall be adopted and approved only by the board.
(b) The board shall be responsible for all direct and indirect costs of the board's existence and operation. The board may not directly or indirectly cause the general revenue fund to incur any cost.
(c) Subject to any limitations in this subtitle, the board may set the amounts of fees, penalties, charges, and revenues required or permitted by statute or rule as necessary for the purpose of carrying out the functions of the board and funding the budget adopted and approved under Subsection (a).
(d) Except as provided by Subsection (e), all fees and funds collected by the board and any funds appropriated to the board shall be deposited in interest-bearing deposit accounts in the Texas Treasury Safekeeping Trust Company. The comptroller shall contract with the board for the maintenance of the deposit accounts under terms comparable to a contract between a commercial banking institution and the institution's customers.
(e) Not later than August 31, 2012, the board shall remit $1.15 million to the general revenue fund, and not later than August 31 of each subsequent fiscal year, the board shall remit $800,000 to the general revenue fund.
(f) Periodically, the executive director shall submit to the board, as directed by the board, a report of the receipts and expenditures of the board.
(g) The fiscal year for the board begins on September 1 and ends on August 31.
Sec. 552.053. AUDITS. (a) This subchapter does not affect the duty of the state auditor to audit the board. The state auditor shall enter into a contract and schedule with the board to conduct audits, including financial reports and performance audits.
(b) Not later than August 31 of each fiscal year, the board shall remit a nonrefundable retainer to the state auditor in an amount not less than $10,000. The board shall reimburse the state auditor for all costs, in excess of the nonrefundable retainer amounts paid each fiscal year, incurred in performing the audits and shall provide to the governor a copy of any audit performed.
Sec. 552.054. RECORDS; REPORTING REQUIREMENTS. (a) The board shall keep financial and statistical information as necessary to disclose completely and accurately the financial condition and results of operations of the board.
(b) Before the beginning of each regular session of the legislature, the board shall submit to the legislature and the governor a report describing all of the board's activities in the previous biennium. The report must include:
(1) an audit as required by Section 552.053;
(2) a financial report of the previous fiscal year, including reports on financial condition and results of operations;
(3) a description of all changes in fees imposed by the board;
(4) a report on the number of examination candidates, license holders, and registrants and the enforcement activities of the board; and
(5) a list of all new rules adopted or repealed.
(c) In addition to the reporting requirements of Subsection (b), not later than November 1 of each year, the board shall submit to the governor, the committee of each house of the legislature that has jurisdiction over appropriations, and the Legislative Budget Board a report that contains:
(1) the salary for all board personnel and the total amount of per diem expenses and travel expenses paid for all board employees;
(2) the total amount of per diem expenses and travel expenses paid for each member of the board;
(3) the board's operating plan and annual budget; and
(4) a detailed report of all revenue received and all expenses incurred by the board in the previous 12 months.
Sec. 552.055. ABILITY TO CONTRACT. (a) To carry out and promote the objectives of this chapter, the board may enter into contracts and do all other acts incidental to those contracts that are necessary for the administration of the board's affairs and for the attainment of the board's purposes, except as limited by Subsection (b).
(b) Any indebtedness, liability, or obligation of the board incurred under this section may not:
(1) create a debt or other liability of this state or another entity other than the board; or
(2) create any personal liability on the part of the members of the board or the board's employees.
Sec. 552.056. PROPERTY. The board may:
(1) acquire by purchase, lease, gift, or any other manner provided by law and maintain, use, and operate any real, personal, or mixed property, or any interest in property, necessary or convenient to the exercise of the powers, rights, privileges, or functions of the board;
(2) sell or otherwise dispose of any real, personal, or mixed property, or any interest in property, that the board determines is not necessary or convenient to the exercise of the board's powers, rights, privileges, or functions;
(3) construct, extend, improve, maintain, and reconstruct, or cause to construct, extend, improve, maintain, and reconstruct, and use and operate all facilities necessary or convenient to the exercise of the powers, rights, privileges, or functions of the board; and
(4) borrow money, as may be authorized from time to time by an affirmative vote of a two-thirds majority of the board, for a period not to exceed five years if necessary or convenient to the exercise of the board's powers, rights, privileges, or functions.
Sec. 552.057. ADMINISTRATIVE HEARINGS. (a) Not later than August 31 of each fiscal year, the board shall remit a nonrefundable retainer to the State Office of Administrative Hearings in an amount not less than $55,000 for hearings conducted under Chapter 565.
(b) The nonrefundable retainer shall be applied to the costs associated with conducting the hearings. If additional costs are incurred, the State Office of Administrative Hearings may assess and collect from the board reasonable fees, in excess of the nonrefundable retainer amount paid each fiscal year, associated with conducting a hearing under Chapter 565.
Sec. 552.058. SUITS. (a) The office of the attorney general shall represent the board in any litigation.
(b) Not later than August 31 of each fiscal year, the board shall remit a nonrefundable retainer to the office of the attorney general in an amount not less than $40,000. The nonrefundable retainer shall be applied to any services provided to the board. If additional litigation services are required, the attorney general may assess and collect from the board reasonable attorney's fees, in excess of the nonrefundable retainer amount paid each fiscal year, associated with any litigation under this section.
Sec. 552.059. POST-PARTICIPATION LIABILITY. (a) If the board no longer has status under this subchapter as a self-directed semi-independent agency for any reason, the board shall be liable for any expenses or debts incurred by the board during the time the board was a self-directed semi-independent agency. The board's liability under this section includes liability for any lease entered into by the board. This state is not liable for any expense or debt covered by this subsection, and money from the general revenue fund may not be used to repay the expense or debt.
(b) If the board no longer has status under this subchapter as a self-directed semi-independent agency for any reason, ownership of any property or other asset acquired by the board during the time the board was a self-directed semi-independent agency, including unexpended fees in a deposit account in the Texas Treasury Safekeeping Trust Company, shall be transferred to this state.
Sec. 552.060. DUE PROCESS; OPEN GOVERNMENT. The board is:
(1) a governmental body for purposes of Chapters 551 and 552, Government Code; and
(2) a state agency for purposes of Chapters 2001 and 2005, Government Code.
Sec. 552.061. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. Employees of the board are members of the Employees Retirement System of Texas under Chapter 812, Government Code, and the board's transition to semi-independent status as provided by this subchapter has no effect on the employees' membership or any benefits under that system.
Sec. 552.062. GIFTS. (a) Notwithstanding any other law, the board may not accept a gift, grant, or donation:
(1) from a party to an enforcement action; or
(2) to pursue a specific investigation or enforcement action.
(b) The board must:
(1) report each gift, grant, or donation that the board receives as a separate item in the board's report required under Section 552.054(b); and
(2) include with the report a statement indicating the purpose for which each gift, grant, or donation was donated and used.
Sec. 552.063. HEALTH PROFESSIONS COUNCIL. Not later than August 31 of each fiscal year, the board shall remit a nonrefundable prorated assessment to the Health Professions Council in an amount not less than $81,848 for fiscal year 2012, $79,406 for fiscal year 2013, and $79,000 for each subsequent fiscal year. The amount remitted shall be applied to the board's prorated assessment for the operation and maintenance of the shared regulatory database system.
(g) Section 552.006(c), Occupations Code, is amended to read as follows:
(c) A person appointed to the board 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.
(h) Section 552.009, Occupations Code, is amended to read as follows:
Sec. 552.009. PER DIEM; REIMBURSEMENT. (a) Each member of the board is entitled to a per diem [set by legislative appropriation] for each day the member engages in board business.
(b) A member is entitled to reimbursement for travel expenses [as prescribed by the General Appropriations Act].
(i) Section 564.051(c), Occupations Code, is amended to read as follows:
(c) Funds and surcharges collected under this section [shall be deposited in the general revenue fund and] may only be used by the board to administer the program authorized by this section, including providing for initial evaluation and referral of an impaired pharmacist or pharmacy student by a qualified health professional and paying the administrative costs incurred by the board in connection with that funding. The money may not be used for costs incurred for treatment or rehabilitation after initial evaluation and referral.
(j) Sections 301.165, 554.007(a), and 554.013, Occupations Code, are repealed.
(k) To provide a reasonable period for the Texas Board of Nursing and the Texas State Board of Pharmacy to establish the boards as self-directed and semi-independent under Subchapter B-1, Chapter 301, and Subchapter B, Chapter 552, Occupations Code, as added by this section, the following amounts are appropriated from the general revenue fund to each board:
(1) for the state fiscal year ending August 31, 2012, an amount equal to 50 percent of the amount of general revenue appropriated to the board for the state fiscal year ending August 31, 2011; and
(2) for the state fiscal year ending August 31, 2013, an amount equal to 50 percent of the amount of general revenue appropriated to the board for the state fiscal year ending August 31, 2011.
(l) Subject to Section 301.072 or 552.052, Occupations Code, as added by this section, the appropriations made by Subsection (k) of this section may be spent by the board to which the appropriation is made as the board directs. Each board shall repay to the general revenue fund the appropriation made to the board for the state fiscal year ending August 31, 2012, not later than that date and as funds become available. Each board shall repay to the general revenue fund the appropriation made to the board for the state fiscal year ending August 31, 2013, not later than that date and as funds become available. The repayment of an appropriation under this subsection is required in addition to the funds required to be remitted to the general revenue fund under Section 301.072(e) or 552.052(e), Occupations Code, as added by this section.
(m) The transfer of the Texas Board of Nursing or the Texas State Board of Pharmacy to self-directed and semi-independent status under Subchapter B-1, Chapter 301, or Subchapter B, Chapter 552, Occupations Code, as added by this section, and the expiration of self-directed and semi-independent status of a board may not act to cancel, suspend, or prevent:
(1) any debt owed to or by the board;
(2) any fine, tax, penalty, or obligation of any party;
(3) any contract or other obligation of any party; or
(4) any action taken by the board in the administration or enforcement of the board's duties.
(n) The Texas Board of Nursing and the Texas State Board of Pharmacy shall continue to have and exercise the powers and duties allocated to each board under law, except as specifically provided by this section.
(o) Title to or ownership of all supplies, materials, records, equipment, books, papers, and furniture used by the Texas Board of Nursing or the Texas State Board of Pharmacy is transferred to each respective board. This section does not affect any property owned by either board on or before the effective date of this section.
(p) The Texas Board of Nursing shall pay rent to the state for the use and occupancy of state-owned office space. Reasonable rent shall be determined by the Texas Facilities Commission. Aggregate rental payments may not be less than $278,000 each fiscal year.
(q) The Texas State Board of Pharmacy shall pay rent to the state for the use and occupancy of state-owned office space. Reasonable rent shall be determined by the Texas Facilities Commission. Aggregate rental payments may not be less than $162,000 each fiscal year.
(r) If a conflict exists between this section and another Act of the 82nd Legislature, Regular Session, 2011, that relates to the self-directed and semi-independent status of the Texas Board of Nursing or the Texas State Board of Pharmacy, this section controls without regard to the relative dates of enactment.
(s) Notwithstanding any other provision of this Act, this section takes effect September 1, 2011.