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A BILL TO BE ENTITLED
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AN ACT
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relating to the criteria for review by the Sunset Advisory |
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Commission of an agency that licenses 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 325.0115 to read as follows: |
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Sec. 325.0115. CRITERIA FOR REVIEW OF CERTAIN AGENCIES. |
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(a) In this section: |
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(1) "License" means a license, certificate, |
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registration, permit, or other form of authorization required by |
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law or a state agency rule that must be obtained by an individual to |
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engage in a particular occupation or profession. |
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(2) "Public interest" means protection from a present |
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and recognizable harm to public health, safety, or welfare. The |
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term does not include speculative threats or other non-demonstrable |
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menaces to public health, safety, or welfare. For the purposes of |
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this subdivision, the term "welfare" includes the financial health |
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of the public when the absence of governmental regulation |
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unreasonably increases risk and liability to broad classes of |
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consumers. |
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(b) In an assessment of an agency that licenses an |
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occupation or profession, the commission and its staff shall |
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consider: |
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(1) whether the occupational licensing program: |
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(A) serves a meaningful, defined public |
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interest; and |
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(B) provides the least restrictive form of |
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regulation that will adequately protect the public interest; |
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(2) the extent to which the regulatory objective of |
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the occupational licensing program may be achieved through market |
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forces, private or industry certification and accreditation |
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programs, or enforcement of other law; |
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(3) the extent to which licensing criteria, if |
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applicable, ensure that applicants have occupational skill sets or |
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competencies that correlate with a public interest and the impact |
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that those criteria have on applicants, particularly those with |
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moderate or low incomes, seeking to enter the occupation or |
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profession; and |
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(4) the impact of the regulation, including the extent |
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to which the program stimulates or restricts competition and |
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affects consumer choice and the cost of services. |
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SECTION 2. This Act takes effect September 1, 2013. |