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A BILL TO BE ENTITLED
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AN ACT
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relating to self-directed and semi-independent status of certain |
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health care regulatory agencies; making an appropriation; |
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authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 152, Occupations Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD |
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Sec. 152.101. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS. |
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(a) Notwithstanding any other provision of law, the board is |
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self-directed and semi-independent as specified by this |
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subchapter. |
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(b) Notwithstanding any other provision of law, each |
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advisory committee, advisory board, and other board that is |
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administratively attached to the board is a subsidiary of the |
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board, and the board's self-directed semi-independent status under |
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Subsection (a) applies to the administratively attached entity. |
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Sec. 152.102. BUDGET, REVENUES, AND EXPENSES. (a) The |
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executive director shall submit to the board annually a budget |
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using generally accepted accounting principles. Notwithstanding |
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any other provision of law, including the General Appropriations |
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Act, the budget shall be adopted and approved only by the board. |
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(b) The board shall be responsible for all direct and |
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indirect costs of the board's existence and operation. The board |
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may not directly or indirectly cause the general revenue fund to |
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incur any cost. |
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(c) Subject to any limitations in this subtitle or Subtitle |
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C, the board may set the amounts of fees, penalties, charges, and |
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revenues required or permitted by statute or rule as necessary for |
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the purpose of carrying out the functions of the board and funding |
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the budget adopted and approved under Subsection (a). |
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(d) All fees and funds collected by the board and any funds |
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appropriated to the board shall be deposited with the comptroller. |
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The comptroller shall separately account for the board's funds. |
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The board and the comptroller by contract shall determine the |
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depository, investment, and other financial services the |
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comptroller shall provide to the board. |
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(e) Not later than August 31 of each fiscal year, the board |
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shall remit a nonrefundable retainer to the comptroller in an |
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amount not less than $10,000. The board shall reimburse the |
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comptroller for all costs in excess of the nonrefundable retainer |
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amounts paid each fiscal year incurred in providing financial |
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services to the board. |
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(f) Not later than August 31 of each fiscal year, the board |
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shall remit $9.5 million to the comptroller for deposit in the |
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general revenue fund. |
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(g) Not later than August 31 of each fiscal year, the board |
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shall remit to the comptroller for deposit in the general revenue |
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fund all administrative penalties collected by the board during the |
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fiscal year, and the amount of administrative penalties deposited |
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shall count toward the amount the board is required to remit under |
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Subsection (f). |
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(h) The board shall collect and deposit the surcharges as |
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required by Section 153.053. |
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(i) The executive director shall submit to the board, as |
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directed by the board, a report of the receipts and expenditures of |
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the board. |
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(j) The fiscal year for the board begins on September 1 and |
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ends on August 31. |
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Sec. 152.103. AUDITS. (a) This subchapter does not affect |
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the duty of the state auditor to audit the board. The state auditor |
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shall enter into a contract and schedule with the board to conduct |
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audits, including financial reports and performance audits. |
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(b) Not later than August 31 of each fiscal year, the board |
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shall remit a nonrefundable retainer to the state auditor in an |
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amount not less than $25,000. The board shall reimburse the state |
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auditor for all costs in excess of the nonrefundable retainer |
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amounts paid each fiscal year incurred in performing the audits and |
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shall provide to the governor a copy of any audit performed. |
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Sec. 152.104. RECORDS; REPORTING REQUIREMENTS. (a) The |
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board shall keep financial and statistical information as necessary |
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to disclose completely and accurately the financial condition and |
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results of operations of the board. |
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(b) Before the beginning of each regular session of the |
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|
legislature, the board shall submit to the governor, the committee |
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of each house of the legislature that has jurisdiction over |
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|
appropriations, and the Legislative Budget Board a report |
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describing all of the board's activities in the previous biennium. |
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The report must include: |
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(1) an audit as required by Section 152.103; |
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(2) a financial report of the previous fiscal |
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biennium, including reports on financial condition and results of |
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|
operations; |
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(3) a description of all changes in fees imposed by the |
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board; |
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(4) a report including five fiscal years of trend data |
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on the number of examination candidates and license and |
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registration permit holders and the enforcement activities of the |
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board; |
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(5) a list of all rules adopted or repealed since the |
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date of the previous report; and |
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(6) the reports of any audits conducted by the State |
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Office of Risk Management or the Texas Workforce Commission civil |
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rights division. |
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(c) In addition to the reporting requirements of Subsection |
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(b), not later than November 1 of each year, the board shall submit |
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to the governor, the committee of each house of the legislature that |
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has jurisdiction over appropriations, and the Legislative Budget |
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Board a report that contains: |
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(1) the salary for all board personnel and the total |
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amount of per diem expenses and travel expenses paid for all board |
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|
employees; |
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(2) the total amount of per diem expenses and travel |
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expenses paid for each member of the board; |
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(3) the board's operating plan and annual budget; and |
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(4) a detailed report of all revenue received and all |
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expenses incurred by the board in the previous 12 months. |
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Sec. 152.105. ABILITY TO CONTRACT. (a) To carry out and |
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promote the objectives of this chapter, the board may enter into |
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contracts and do all other acts incidental to those contracts that |
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are necessary for the administration of the board's affairs and for |
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the attainment of the board's purposes, except as limited by |
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Subsection (b). |
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(b) Any indebtedness, liability, or obligation of the board |
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incurred under this section may not: |
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(1) create a debt or other liability of this state or |
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another entity other than the board; or |
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(2) create any personal liability on the part of the |
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members of the board or the board's employees. |
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Sec. 152.106. PROPERTY. The board may: |
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(1) acquire by purchase, lease, gift, or any other |
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manner provided by law and maintain, use, and operate any real, |
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personal, or mixed property, or any interest in property, necessary |
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or convenient to the exercise of the powers, rights, privileges, or |
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functions of the board; |
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(2) sell or otherwise dispose of any real, personal, |
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or mixed property, or any interest in property, that the board |
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determines is not necessary or convenient to the exercise of the |
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board's powers, rights, privileges, or functions; |
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(3) construct, extend, improve, maintain, and |
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reconstruct, or cause to construct, extend, improve, maintain, and |
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reconstruct, and use and operate all facilities necessary or |
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convenient to the exercise of the powers, rights, privileges, or |
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functions of the board; and |
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(4) borrow money, as may be authorized from time to |
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time by an affirmative vote of a two-thirds majority of the board, |
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for a period not to exceed five years if necessary or convenient to |
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the exercise of the board's powers, rights, privileges, or |
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functions. |
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Sec. 152.107. ADMINISTRATIVE HEARINGS. (a) Not later than |
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August 31 of each fiscal year, the board shall remit a nonrefundable |
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retainer to the State Office of Administrative Hearings in an |
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amount not less than $200,000 for hearings conducted under this |
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subtitle or Subtitle C. |
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(b) The nonrefundable retainer shall be applied to the costs |
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associated with conducting the hearings. If additional costs are |
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incurred, the State Office of Administrative Hearings may assess |
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and collect from the board reasonable fees, in excess of the |
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nonrefundable retainer amount paid each fiscal year, associated |
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with conducting a hearing under this subtitle or Subtitle C. |
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Sec. 152.108. SUITS. (a) The office of the attorney |
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general shall represent the board in any litigation. |
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(b) Not later than August 31 of each fiscal year, the board |
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shall remit a nonrefundable retainer to the office of the attorney |
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general in an amount not less than $50,000. The nonrefundable |
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retainer shall be applied to any services provided to the board. If |
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additional litigation services are required, the attorney general |
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may assess and collect from the board reasonable attorney's fees, |
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in excess of the nonrefundable retainer amount paid each fiscal |
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year, associated with any litigation under this section. |
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Sec. 152.109. POST-PARTICIPATION LIABILITY. (a) If the |
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board no longer has status under this subchapter as a self-directed |
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semi-independent agency for any reason, the board shall be liable |
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for any expenses or debts incurred by the board during the time the |
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board was a self-directed semi-independent agency. The board's |
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liability under this section includes liability for any lease |
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entered into by the board. This state is not liable for any expense |
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or debt covered by this subsection, and money from the general |
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revenue fund may not be used to repay the expense or debt. |
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(b) If the board no longer has status under this subchapter |
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as a self-directed semi-independent agency for any reason, |
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ownership of any property or other asset acquired by the board |
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during the time the board was a self-directed semi-independent |
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agency, including unexpended fees deposited with the comptroller, |
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shall be transferred to this state. |
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Sec. 152.110. DUE PROCESS; OPEN GOVERNMENT. The board is: |
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(1) a governmental body for purposes of Chapters 551 |
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and 552, Government Code; and |
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(2) a state agency for purposes of Chapters 2001 and |
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2005, Government Code. |
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Sec. 152.111. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. |
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Employees of the board are members of the Employees Retirement |
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System of Texas under Chapter 812, Government Code, and the board's |
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transition to semi-independent status as provided by this |
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subchapter has no effect on the employees' membership or any |
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benefits under that system. |
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Sec. 152.112. GIFTS. (a) Notwithstanding any other law, |
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the board may not accept a gift, grant, or donation: |
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(1) from a party to an enforcement action; or |
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(2) to pursue a specific investigation or enforcement |
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action. |
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(b) The board must: |
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(1) report each gift, grant, or donation that the |
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board receives as a separate item in the board's report required |
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under Section 152.104(b); and |
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(2) include with the report a statement indicating the |
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purpose for which each gift, grant, or donation was donated and |
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used. |
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Sec. 152.113. HEALTH PROFESSIONS COUNCIL. Not later than |
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September 30 of each fiscal year, the board shall remit a |
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nonrefundable prorated assessment to the Health Professions |
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Council under Section 101.006 in an amount not less than $28,000. |
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SECTION 2. Section 152.007, Occupations Code, is amended to |
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read as follows: |
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Sec. 152.007. PER DIEM. (a) Each board member is entitled |
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to receive a per diem [as set by legislative appropriation] for each |
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day that the member engages in the business of the board. |
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(b) A board member is entitled to reimbursement for travel |
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|
expenses incurred while conducting board business, including [If
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the General Appropriations Act does not prescribe the amount of the
|
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per diem, the per diem consists of actual] expenses for meals, |
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lodging, and transportation[, plus $100]. |
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SECTION 3. Section 152.010(c), Occupations Code, is amended |
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|
to read as follows: |
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|
(c) A person appointed to the board is entitled to |
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reimbursement[, as provided by the General Appropriations Act,] for |
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the travel expenses incurred in attending the training program |
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regardless of whether the attendance at the program occurs before |
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|
or after the person qualifies for office. |
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|
SECTION 4. Section 204.057, Occupations Code, is amended |
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|
to read as follows: |
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Sec. 204.057. PER DIEM. A member of the physician assistant |
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|
board is entitled to receive a per diem [as set by legislative
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appropriation] for each day that the member engages in the business |
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|
of the board. A member of the physician assistant board is entitled |
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|
to reimbursement for travel expenses incurred while conducting |
|
|
physician assistant board business, including [If the General
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|
Appropriations Act does not prescribe the amount of the per diem,
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|
the per diem is equal to a member's actual] expenses for meals, |
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|
lodging, and transportation [plus $100]. |
|
|
SECTION 5. Section 204.059(c), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(c) A person appointed to the physician assistant board is |
|
|
entitled to reimbursement[, as provided by the General
|
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|
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. |
|
|
SECTION 6. Section 205.053(b), Occupations Code, is amended |
|
|
to read as follows: |
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|
(b) An officer, board member, employee, or paid consultant |
|
|
of a Texas trade association in the field of health care may not be a |
|
|
member of the acupuncture board or an employee of the medical board |
|
|
who is employed in a "bona fide executive, administrative, or |
|
|
professional capacity," as that phrase is used for purposes of |
|
|
establishing an exemption to the overtime provisions of the federal |
|
|
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) |
|
|
[exempt from the state's position classification plan or is
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compensated at or above the amount prescribed by the General
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|
Appropriations Act for step 1, salary group A17, of the position
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classification salary schedule]. |
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SECTION 7. Section 205.057(c), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(c) A person appointed to the acupuncture 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. |
|
|
SECTION 8. Section 205.059, Occupations Code, is amended to |
|
|
read as follows: |
|
|
Sec. 205.059. COMPENSATION; TRAVEL EXPENSES [PER DIEM]. An |
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acupuncture board member may not receive compensation for service |
|
|
on the acupuncture board but is entitled to reimbursement for |
|
|
travel expenses incurred while conducting acupuncture board |
|
|
business, including expenses for transportation, meals, and |
|
|
lodging [receive a per diem as set by legislative appropriation for
|
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transportation and related expenses incurred for each day that the
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member engages in the acupuncture board's business]. |
|
|
SECTION 9. Section 206.057, Occupations Code, is amended to |
|
|
read as follows: |
|
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Sec. 206.057. TRAVEL EXPENSES [PER DIEM]. An advisory |
|
|
committee member is not entitled to receive compensation for |
|
|
service on the advisory committee but may receive reimbursement for |
|
|
travel expenses incurred while conducting advisory committee |
|
|
business, including expenses for transportation, meals, and |
|
|
lodging [or compensation]. |
|
|
SECTION 10. 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 annually a budget |
|
|
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) All fees and funds collected by the board and any funds |
|
|
appropriated to the board shall be deposited with the comptroller. |
|
|
The comptroller shall separately account for the board's funds. |
|
|
The board and the comptroller by contract shall determine the |
|
|
depository, investment, and other financial services the |
|
|
comptroller shall provide to the board. |
|
|
(e) Not later than August 31 of each fiscal year, the board |
|
|
shall remit a nonrefundable retainer to the comptroller in an |
|
|
amount not less than $10,000. The board shall reimburse the |
|
|
comptroller for all costs in excess of the nonrefundable retainer |
|
|
amounts paid each fiscal year incurred in providing financial |
|
|
services to the board. |
|
|
(f) Not later than August 31 of each fiscal year, the board |
|
|
shall remit $3.75 million to the comptroller for deposit in the |
|
|
general revenue fund. |
|
|
(g) Not later than August 31 of each fiscal year, the board |
|
|
shall remit to the comptroller for deposit in the general revenue |
|
|
fund all administrative penalties collected by the board during the |
|
|
fiscal year, and the amount of administrative penalties deposited |
|
|
shall count toward the amount the board is required to remit under |
|
|
Subsection (f). |
|
|
(h) The executive director shall submit to the board, as |
|
|
directed by the board, a report of the receipts and expenditures of |
|
|
the board. |
|
|
(i) 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 $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. 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 governor, the committee |
|
|
of each house of the legislature that has jurisdiction over |
|
|
appropriations, and the Legislative Budget Board 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 |
|
|
biennium, including reports on financial condition and results of |
|
|
operations; |
|
|
(3) a description of all changes in fees imposed by the |
|
|
board; |
|
|
(4) a report including five fiscal years of trend data |
|
|
on the number of examination candidates and license holders and the |
|
|
programs of study and enforcement activities of the board; |
|
|
(5) a list of all rules adopted or repealed since the |
|
|
date of the previous report; and |
|
|
(6) the reports of any audits conducted by the State |
|
|
Office of Risk Management or the Texas Workforce Commission civil |
|
|
rights division. |
|
|
(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 $25,000 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 $10,000. 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 deposited with the comptroller, |
|
|
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. |
|
|
Sec. 301.083. HEALTH PROFESSIONS COUNCIL. Not later than |
|
|
September 30 of each fiscal year, the board shall remit a |
|
|
nonrefundable prorated assessment to the Health Professions |
|
|
Council under Section 101.006 in an amount not less than $29,000. |
|
|
SECTION 11. 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]. |
|
|
SECTION 12. 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. |
|
|
SECTION 13. 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.] |
|
|
SECTION 14. 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. ORGANIZATION OF BOARD |
|
|
SECTION 15. 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 annually a budget |
|
|
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) All fees and funds collected by the board and any funds |
|
|
appropriated to the board shall be deposited with the comptroller. |
|
|
The comptroller shall separately account for the board's funds. |
|
|
The board and the comptroller by contract shall determine the |
|
|
depository, investment, and other financial services the |
|
|
comptroller shall provide to the board. |
|
|
(e) Not later than August 31 of each fiscal year, the board |
|
|
shall remit a nonrefundable retainer to the comptroller in an |
|
|
amount not less than $10,000. The board shall reimburse the |
|
|
comptroller for all costs in excess of the nonrefundable retainer |
|
|
amounts paid each fiscal year incurred in providing financial |
|
|
services to the board. |
|
|
(f) Not later than August 31 of each fiscal year, the board |
|
|
shall remit to the comptroller $800,000 to be deposited in the |
|
|
general revenue fund. |
|
|
(g) Not later than August 31 of each fiscal year, the board |
|
|
shall remit to the comptroller for deposit in the general revenue |
|
|
fund all administrative penalties collected by the board during the |
|
|
fiscal year, and the amount of administrative penalties deposited |
|
|
shall count toward the amount the board is required to remit under |
|
|
Subsection (f). |
|
|
(h) The executive director shall submit to the board, as |
|
|
directed by the board, a report of the receipts and expenditures of |
|
|
the board. |
|
|
(i) 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 governor, the committee |
|
|
of each house of the legislature that has jurisdiction over |
|
|
appropriations, and the Legislative Budget Board 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 |
|
|
biennium, including reports on financial condition and results of |
|
|
operations; |
|
|
(3) a description of all changes in fees imposed by the |
|
|
board; |
|
|
(4) a report including five fiscal years of trend data |
|
|
on the number of examination candidates, license holders, and |
|
|
registrants and the enforcement activities of the board; |
|
|
(5) a list of all rules adopted or repealed since the |
|
|
date of the previous report; and |
|
|
(6) the reports of any audits conducted by the State |
|
|
Office of Risk Management or the Texas Workforce Commission civil |
|
|
rights division. |
|
|
(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 $17,000 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 $10,000. 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 deposited with the comptroller, |
|
|
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. (a) Not later |
|
|
than September 30 of each fiscal year, the board shall remit a |
|
|
nonrefundable prorated assessment to the Health Professions |
|
|
Council under Section 101.006 in an amount not less than $26,000. |
|
|
(b) Not later than September 30 of each fiscal year in which |
|
|
the board uses the Health Professions Council's shared regulatory |
|
|
database system, the board shall remit an additional nonrefundable |
|
|
prorated assessment to the Health Professions Council under Section |
|
|
101.006 in an amount not less than $262,000, except that for the |
|
|
fiscal year ending August 31, 2015, the board shall remit not less |
|
|
than $264,000 as the additional prorated assessment under this |
|
|
subsection. |
|
|
SECTION 16. 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. |
|
|
SECTION 17. 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]. |
|
|
SECTION 18. 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. |
|
|
SECTION 19. Sections 153.051(b) and (d), 153.052, |
|
|
153.0535(b), and 554.007(a), Occupations Code, are repealed. |
|
|
SECTION 20. (a) To provide a reasonable period for the |
|
|
Texas Medical Board, Texas Board of Nursing, and Texas State Board |
|
|
of Pharmacy to establish the boards as self-directed and |
|
|
semi-independent under Subchapter C, Chapter 152, Subchapter B-1, |
|
|
Chapter 301, and Subchapter B, Chapter 552, Occupations Code, as |
|
|
added by this Act, the following amounts are appropriated from the |
|
|
general revenue fund to each board: |
|
|
(1) for the state fiscal year ending August 31, 2014, |
|
|
an amount equal to 50 percent of the amount of general revenue |
|
|
appropriated to the board for the state fiscal year ending August |
|
|
31, 2013; and |
|
|
(2) for the state fiscal year ending August 31, 2015, |
|
|
an amount equal to 50 percent of the amount of general revenue |
|
|
appropriated to the board for the state fiscal year ending August |
|
|
31, 2013. |
|
|
(b) Subject to Section 152.102, 301.072, or 552.052, |
|
|
Occupations Code, as added by this Act, the appropriations made by |
|
|
Subsection (a) 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, 2014, 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, 2015, 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 152.102(f), 301.072(f), or 552.052(f), Occupations Code, |
|
|
as added by this Act. |
|
|
(c) The transfer of the Texas Medical Board, Texas Board of |
|
|
Nursing, or Texas State Board of Pharmacy to self-directed and |
|
|
semi-independent status under Subchapter C, Chapter 152, |
|
|
Subchapter B-1, Chapter 301, or Subchapter B, Chapter 552, |
|
|
Occupations Code, as added by this Act, 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. |
|
|
(d) The Texas Medical Board, Texas Board of Nursing, and |
|
|
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 Act. |
|
|
(e) Title to or ownership of all supplies, materials, |
|
|
records, equipment, books, papers, and furniture used by the Texas |
|
|
Medical Board, Texas Board of Nursing, or Texas State Board of |
|
|
Pharmacy is transferred to each respective board. This Act does not |
|
|
affect any property owned by any of the boards on or before the |
|
|
effective date of this Act. |
|
|
(f) The Texas Medical Board shall pay rent to the state for |
|
|
the use and occupancy of state-owned office space for any period |
|
|
during which the board occupies state-owned office space. |
|
|
Reasonable rent shall be determined by the Texas Facilities |
|
|
Commission. Aggregate rental payments may not be less than $430,000 |
|
|
each fiscal year for any period during which the board occupies |
|
|
state-owned office space. The board may pay a prorated amount of |
|
|
rent for any partial fiscal year during which the board occupies |
|
|
state-owned office space if the Texas Facilities Commission allows |
|
|
the board to lease the space for less than a full fiscal year. |
|
|
(g) The Texas Board of Nursing shall pay rent to the state |
|
|
for the use and occupancy of state-owned office space for any period |
|
|
during which the board occupies 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 during which the board occupies state-owned office |
|
|
space. The board may pay a prorated amount of rent for any partial |
|
|
fiscal year during which the board occupies state-owned office |
|
|
space if the Texas Facilities Commission allows the board to lease |
|
|
the space for less than a full fiscal year. |
|
|
(h) The Texas State Board of Pharmacy shall pay rent to the |
|
|
state for the use and occupancy of state-owned office space for any |
|
|
period during which the board occupies 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 for any period during which the board occupies |
|
|
state-owned office space. The board may pay a prorated amount of |
|
|
rent for any partial fiscal year during which the board occupies |
|
|
state-owned office space if the Texas Facilities Commission allows |
|
|
the board to lease the space for less than a full fiscal year. |
|
|
(i) If a conflict exists between this Act and another Act of |
|
|
the 83rd Legislature, Regular Session, 2013, that relates to the |
|
|
self-directed and semi-independent status of the Texas Medical |
|
|
Board, the Texas Board of Nursing, or the Texas State Board of |
|
|
Pharmacy, this Act controls without regard to the relative dates of |
|
|
enactment. |
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|
SECTION 21. The Texas Medical Board, Texas Board of |
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|
Nursing, and Texas State Board of Pharmacy shall continue to be |
|
|
agencies of this state for all purposes, and no provision of this |
|
|
Act may be construed otherwise. |
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|
SECTION 22. This Act takes effect September 1, 2013. |