83R13731 DDT-F

By: Vo H.B. No. 1551

Substitute the following for H.B. No. 1551:

By: Guillen C.S.H.B. No. 1551

A BILL TO BE ENTITLED

AN ACT

relating to the elimination of the licensing and registration requirements for ringside physicians and timekeepers for combative sports events.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2052.002(20), Occupations Code, is amended to read as follows:

(20) "Ringside physician" means an individual who has an unrestricted and unlimited license [licensed] to practice medicine in this state and who, by agreement, is assigned as the physician for a combative sports event [registered with the department].

SECTION 2. Section 2052.052(b), Occupations Code, is amended to read as follows:

(b) The commission may adopt rules:

(1) governing boxing, kickboxing, martial arts, or mixed martial arts contests and exhibitions;

(2) establishing reasonable qualifications for an applicant seeking a license or registration from the department under this chapter;

(3) recognizing a sanction, medical suspension, or disqualification of a licensee or registrant by a combative sports authority in any state, provided that if licensure or registration is denied based on those actions, an applicant has an opportunity for a hearing as prescribed by rule;

(4) establishing selection criteria and procedures for the assignment of individuals who agree to act as ringside physicians and timekeepers for combative sports events [practice requirements or specialty certifications that a person licensed to practice medicine in this state must meet to register as a ringside physician];

(5) requiring a contestant to present with an application for licensure or license renewal documentation of recent blood test results that demonstrate whether the contestant is free from hepatitis B virus, hepatitis C virus, human immunodeficiency virus, and any other communicable disease designated by commission rule and providing that a contestant's failure to provide the required blood test results disqualifies the contestant;

(6) providing that to participate in any event a contestant must be free of hepatitis B virus, hepatitis C virus, human immunodeficiency virus, and any other communicable disease designated by rule;

(7) requiring that a contestant present with an application for licensure or license renewal documentation of the results of a physical examination, including an ophthalmologic examination, and providing for disqualification of a contestant who is determined by an examining physician to be unfit;

(8) establishing additional responsibilities for promoters; and

(9) governing regulated amateur events.

SECTION 3. Section 2052.107, Occupations Code, is amended to read as follows:

Sec. 2052.107. OTHER COMBATIVE SPORTS LICENSES. Unless a person holds a license or registration issued under this chapter, the person may not act as a combative sports:

(1) professional contestant;

(2) manager of a professional contestant;

(3) referee;

(4) judge;

(5) second;

(6) [timekeeper;

[(7)] matchmaker;

[(8) ringside physician;] or

(7) [(9)] event coordinator.

SECTION 4. (a) A disciplinary or administrative proceeding pending under Chapter 51 or 2052, Occupations Code, that is related to a violation of licensing or registration requirements for a timekeeper or ringside physician under Chapter 2052, Occupations Code, as that chapter existed immediately before the effective date of this Act, is dismissed.

(b) An administrative penalty assessed by the Texas Commission of Licensing and Regulation or the executive director of the Texas Department of Licensing and Regulation under Chapter 2052, Occupations Code, related to a violation of Chapter 2052, Occupations Code, as that chapter existed immediately before the effective date of this Act, may be collected as provided by Chapter 51, Occupations Code.

(c) The change in law made by this Act does not affect the pending prosecution of an offense under Chapter 2052, Occupations Code, as that chapter existed immediately before the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect at the time the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

(d) As soon as practicable after the effective date of this Act, the Texas Department of Licensing and Regulation shall return a prorated portion of the fee paid to the department for the issuance or renewal of the registration or license to a person who holds a valid registration as a ringside physician or timekeeper issued under Chapter 2052, Occupations Code, as that chapter existed immediately before the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2013.