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A BILL TO BE ENTITLED
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AN ACT
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relating to the review by the Sunset Advisory Commission of |
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legislation proposing to regulate an occupation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 325, Government Code, is amended by |
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adding Section 325.023 to read as follows: |
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Sec. 325.023. REVIEW OF PROPOSED LEGISLATION REGULATING AN |
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OCCUPATION. (a) In this section, "public interest" means |
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protection from a present and recognizable harm to public health, |
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safety, or welfare. The term does not include speculative threats, |
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or other non-demonstrable menaces to public health, safety, or |
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welfare. For the purposes of this subsection, the term "welfare" |
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includes the financial health of the public when the absence of |
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governmental regulation unreasonably increases risk and liability |
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to broad classes of consumers. |
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(b) A member of the legislature may submit proposed |
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legislation that would create an occupational licensing program or |
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significantly affect an existing occupational licensing program to |
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the commission for review and analysis. A request under this |
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section must be submitted not later than December 31 of an |
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odd-numbered year. The commission's chair may, on the |
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recommendation of the executive director, deny a request for review |
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under this section. |
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(c) If the commission reviews and analyzes legislation |
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proposing the regulation of an occupation, the commission shall |
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submit a report to the legislature before the start of the next |
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legislative session regarding the commission's findings on the need |
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for regulating the occupation and the type of regulation |
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recommended, if any. |
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(d) In analyzing legislation proposing the creation of an |
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occupational licensing program, the commission shall determine |
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whether: |
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(1) the unregulated practice of the occupation would |
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be inconsistent with the public interest; |
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(2) the public can reasonably be expected to benefit |
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from an assurance of initial and continuing professional skill sets |
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or competencies; and |
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(3) the public can be more effectively protected by |
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means other than state regulation. |
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(e) If the commission reviews and analyzes proposed |
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legislation amending an existing occupational licensing program, |
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the commission shall submit a report to the legislature before the |
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start of the next legislative session regarding the commission's |
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findings on the need for the proposed legislation. |
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SECTION 2. This Act takes effect September 1, 2013. |