S.B. No. 869
 
 
 
 
AN ACT
  relating to the regulation of the practice of pharmacy; authorizing
  fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (e), Section 353.204, Occupations
  Code, is amended to read as follows:
         (e)  The Texas State Board of Pharmacy is responsible for
  enforcing this chapter with regard to a violation of this chapter by
  a pharmacist. A violation of this chapter by a pharmacist is
  considered to be a violation of Subtitle J[, other than Chapter
  567].
         SECTION 2.  Section 551.001, Occupations Code, is amended to
  read as follows:
         Sec. 551.001.  SHORT TITLE. This [The chapters of this]
  subtitle[, other than Chapter 567,] may be cited as the Texas
  Pharmacy Act.
         SECTION 3.  Section 551.003, Occupations Code, is amended by
  amending Subdivision (32) and adding Subdivision (32-a) to read as
  follows:
               (32)  "Pharmacy technician" means an individual
  employed by a pharmacy whose responsibility is to provide technical
  services that do not require professional judgment regarding
  preparing and distributing drugs and who works under the direct
  supervision of and is responsible to a pharmacist.  The term does
  not include a pharmacy technician trainee.
               (32-a)  "Pharmacy technician trainee" means an
  individual who is registered with the board as a pharmacy
  technician trainee and is authorized to participate in a pharmacy
  technician training program.
         SECTION 4.  Section 554.002, Occupations Code, is amended to
  read as follows:
         Sec. 554.002.  REGULATION OF PRACTICE OF PHARMACY. The
  board shall regulate the practice of pharmacy in this state by:
               (1)  issuing a license after examination or by
  reciprocity to an applicant qualified to practice pharmacy and
  issuing a license to a pharmacy under this subtitle;
               (2)  renewing a license to practice pharmacy and a
  license to operate a pharmacy;
               (3)  determining and issuing standards for recognizing
  and approving degree requirements of colleges of pharmacy whose
  graduates are eligible for a license in this state;
               (4)  specifying and enforcing requirements for
  practical training, including an internship;
               (5)  enforcing the provisions of this subtitle relating
  to:
                     (A)  the conduct or competence of a pharmacist
  practicing in this state and the conduct of a pharmacy operating in
  this state; and
                     (B)  the suspension, revocation, retirement, or
  restriction of a license to practice pharmacy or to operate a
  pharmacy or the imposition of an administrative penalty or
  reprimand on a license holder;
               (6)  regulating the training, qualifications, and
  employment of a pharmacist-intern, [and] pharmacy technician, and
  pharmacy technician trainee; and
               (7)  determining and issuing standards for recognizing
  and approving a pharmacy residency program for purposes of
  Subchapter W, Chapter 61, Education Code.
         SECTION 5.  Subsection (b), Section 554.007, Occupations
  Code, is amended to read as follows:
         (b)  The board may receive and spend money, or use gifts,
  grants, and other funds and assets [from a party, other than the
  state], in addition to money collected under Subsection (a), in
  accordance with state law.
         SECTION 6.  The heading to Section 554.053, Occupations
  Code, is amended to read as follows:
         Sec. 554.053.  RULEMAKING:  PHARMACY TECHNICIAN AND PHARMACY
  TECHNICIAN TRAINEE.
         SECTION 7.  Subsections (a) and (b), Section 554.053,
  Occupations Code, are amended to read as follows:
         (a)  The board shall establish rules for the use and the
  duties of a pharmacy technician and pharmacy technician trainee in
  a pharmacy licensed by the board. A pharmacy technician and
  pharmacy technician trainee shall be responsible to and must be
  directly supervised by a pharmacist.
         (b)  The board may not adopt a rule establishing a ratio of
  pharmacists to pharmacy technicians and pharmacy technician
  trainees in a Class C pharmacy or limiting the number of pharmacy
  technicians or pharmacy technician trainees that may be used in a
  Class C pharmacy.
         SECTION 8.  Section 557.004, Occupations Code, is amended to
  read as follows:
         Sec. 557.004.  LIMITATIONS ON REGISTRATION. (a)  The board
  may:
               (1)  refuse to issue a registration to an applicant; or
               (2)  restrict, suspend, or revoke a pharmacist-intern
  registration for a violation of this subtitle.
         (b)  The board may take disciplinary action against an
  applicant for a pharmacist-intern registration or the holder of a
  current or expired pharmacist-intern registration in the same
  manner as against an applicant for a license or a license holder by
  imposing a sanction authorized under Section 565.051 if the board
  finds that the applicant or registration holder has engaged in
  conduct described by Section 565.001.
         SECTION 9.  Section 559.003, Occupations Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A person may not renew a license to practice pharmacy if
  the person holds a license to practice pharmacy in another state
  that has been suspended, revoked, canceled, or subject to an action
  that prohibits the person from practicing pharmacy in that state.
         SECTION 10.  Subsection (b), Section 560.052, Occupations
  Code, is amended to read as follows:
         (b)  To qualify for a pharmacy license, an applicant must
  submit to the board:
               (1)  a license fee set by the board, except as provided
  by Subsection (d); and
               (2)  a completed application that:
                     (A)  is on a form prescribed by the board;
                     (B)  is given under oath; [and]
                     (C)  includes proof that a license held in this
  state or another state, if applicable, has not been restricted,
  suspended, revoked, or surrendered for any reason; and
                     (D)  includes a statement of:
                           (i)  the ownership;
                           (ii)  the location of the pharmacy;
                           (iii)  the license number of each pharmacist
  who is employed by the pharmacy, if the pharmacy is located in this
  state, or who is licensed to practice pharmacy in this state, if the
  pharmacy is a Class E pharmacy;
                           (iv)  the license number of the
  pharmacist-in-charge; and
                           (v)  any other information the board
  determines necessary.
         SECTION 11.  Section 561.003, Occupations Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  A pharmacy may not renew a license under this section if
  the pharmacy's license to operate in another state has been
  suspended, revoked, canceled, or subject to an action that
  prohibits the pharmacy from operating in that state.
         SECTION 12.  Section 562.012, Occupations Code, is amended
  to read as follows:
         Sec. 562.012.  SUBSTITUTION OF DOSAGE FORM PERMITTED. With
  the patient's consent [and notification to the practitioner], a
  pharmacist may dispense a dosage form of a drug different from that
  prescribed, such as a tablet instead of a capsule or a liquid
  instead of a tablet, if the dosage form dispensed:
               (1)  contains the identical amount of the active
  ingredients as the dosage prescribed for the patient;
               (2)  is not an enteric-coated or timed release product;
  and
               (3)  does not alter desired clinical outcomes.
         SECTION 13.  Section 562.056, Occupations Code, is amended
  by adding Subsection (a-1) and amending Subsection (b) to read as
  follows:
         (a-1)  To be a valid prescription, a prescription for a
  controlled substance must be issued for a legitimate medical
  purpose by a practitioner acting in the usual course of the
  practitioner's professional practice.  The responsibility for the
  proper prescribing and dispensing of controlled substances is on
  the prescribing practitioner, but a corresponding responsibility
  rests with the pharmacist who fills the prescription.
         (b)  This section [Subsection (a)] does not prohibit a
  pharmacist from dispensing a prescription when a valid
  practitioner-patient relationship is not present in an emergency.
         SECTION 14.  Section 562.103, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  A Class A or Class C pharmacy that serves the public
  shall:
               (1)  display the word "pharmacy" or a similar word or
  symbol as determined by the board in a prominent place on the front
  of the pharmacy; and
               (2)  display in public view the license of the
  pharmacist-in-charge of [each pharmacist employed in] the
  pharmacy.
         (c)  A pharmacy shall maintain and make available to the
  public on request proof that each pharmacist, pharmacist-intern,
  pharmacy technician, and pharmacist technician trainee working in
  the pharmacy holds the appropriate license or registration.
         SECTION 15.  Subsection (a), Section 565.001, Occupations
  Code, is amended to read as follows:
         (a)  The board may discipline an applicant for or the holder
  of a current or expired license to practice pharmacy if the board
  finds that the applicant or license holder has:
               (1)  violated this subtitle or a board rule adopted
  under this subtitle;
               (2)  engaged in unprofessional conduct as defined by
  board rule;
               (3)  engaged in gross immorality as defined by board
  rule;
               (4)  developed an incapacity that prevents or could
  prevent the applicant or license holder from practicing pharmacy
  with reasonable skill, competence, and safety to the public;
               (5)  engaged in fraud, deceit, or misrepresentation, as
  defined by board rule, in practicing pharmacy or in seeking a
  license to practice pharmacy;
               (6)  been convicted of or placed on deferred
  adjudication community supervision or deferred disposition or the
  applicable federal equivalent for:
                     (A)  a misdemeanor:
                           (i)  involving moral turpitude; or
                           (ii)  under Chapter 481 or 483, Health and
  Safety Code, or the Comprehensive Drug Abuse Prevention and Control
  Act of 1970 (21 U.S.C. Section 801 et seq.); or
                     (B)  a felony;
               (7)  used alcohol or drugs in an intemperate manner
  that, in the board's opinion, could endanger a patient's life;
               (8)  failed to maintain records required by this
  subtitle or failed to maintain complete and accurate records of
  purchases or disposals of drugs listed in Chapter 481 or 483, Health
  and Safety Code, or the Comprehensive Drug Abuse Prevention and
  Control Act of 1970 (21 U.S.C. Section 801 et seq.);
               (9)  violated any provision of:
                     (A)  Chapter 481 or 483, Health and Safety Code,
  or the Comprehensive Drug Abuse Prevention and Control Act of 1970
  (21 U.S.C. Section 801 et seq.), or rules relating to one of those
  laws; or
                     (B)  Section 485.031, 485.032, 485.033, or
  485.034, Health and Safety Code;
               (10)  aided or abetted an unlicensed person in the
  practice of pharmacy if the pharmacist knew or reasonably should
  have known that the person was unlicensed at the time;
               (11)  refused entry into a pharmacy for an inspection
  authorized by this subtitle if the pharmacist received notification
  from which the pharmacist knew or reasonably should have known that
  the attempted inspection was authorized;
               (12)  violated any pharmacy or drug statute or rule of
  this state, another state, or the United States;
               (13)  been negligent in the practice of pharmacy;
               (14)  failed to submit to an examination after hearing
  and being ordered to do so by the board under Section 565.052;
               (15)  dispensed a prescription drug while acting
  outside the usual course and scope of professional practice;
               (16)  been disciplined by a pharmacy board or by
  another health [the] regulatory board of this state or another
  state for conduct substantially equivalent to conduct described
  under this subsection;
               (17)  violated a disciplinary order, including a
  confidential order or contract under the program to aid impaired
  pharmacists and pharmacy students under Chapter 564;
               (18)  failed to adequately supervise a task delegated
  to a pharmacy technician or pharmacy technician trainee;
               (19)  inappropriately delegated a task delegated to a
  pharmacy technician or pharmacy technician trainee; [or]
               (20)  been responsible for a drug audit shortage; or
               (21)  been convicted or adjudicated of a criminal
  offense that requires registration as a sex offender under Chapter
  62, Code of Criminal Procedure.
         SECTION 16.  Subsection (c), Section 565.055, Occupations
  Code, is amended to read as follows:
         (c)  Notwithstanding Subsection (b), information or material
  compiled by the board in connection with an investigation may be
  disclosed:
               (1)  during any proceeding conducted by the State
  Office of Administrative Hearings, to the board, or a panel of the
  board, or in a subsequent trial or appeal of a board action or
  order;
               (2)  to a person providing a service to the board,
  including an expert witness, investigator, or employee of an entity
  that contracts with the board, related to a disciplinary proceeding
  against an applicant or license holder, or a subsequent trial or
  appeal, if the information is necessary for preparation for, or a
  presentation in, the proceeding;
               (3)  to an entity in another jurisdiction that:
                     (A)  licenses or disciplines pharmacists or
  pharmacies; or
                     (B)  registers or disciplines pharmacy
  technicians or pharmacy technician trainees;
               (4)  to a pharmaceutical or pharmacy peer review
  committee as described under Chapter 564;
               (5)  to a law enforcement agency;
               (6)  to a person engaged in bona fide research, if all
  information identifying a specific individual has been deleted; or
               (7)  to an entity that administers a board-approved
  pharmacy technician certification examination [under a court
  order].
         SECTION 17.  Subsection (a), Section 565.101, Occupations
  Code, is amended to read as follows:
         (a)  A person whose pharmacy license, license to practice
  pharmacy, [or] pharmacy technician registration, or pharmacy
  technician trainee registration in this state has been revoked or
  restricted under this subtitle, whether voluntarily or by board
  action, may, after the first anniversary of the effective date of
  the revocation or restriction, petition the board for reinstatement
  or removal of the restriction of the license or registration.
         SECTION 18.  The heading to Chapter 568, Occupations Code,
  is amended to read as follows:
  CHAPTER 568.  PHARMACY TECHNICIANS AND PHARMACY
  TECHNICIAN TRAINEES
         SECTION 19.  Section 568.001, Occupations Code, is amended
  to read as follows:
         Sec. 568.001.  RULES; QUALIFICATIONS [RELATING TO PHARMACY
  TECHNICIANS]. (a)  In establishing rules under Section
  554.053(c), the board shall require that:
               (1)  a pharmacy technician:
                     (A) [(1)]  have a high school diploma or a high
  school equivalency certificate or be working to achieve an
  equivalent diploma or certificate; and
                     (B) [(2)]  have passed a board-approved pharmacy
  technician certification examination; and
               (2)  a pharmacy technician trainee have a high school
  diploma or a high school equivalency certificate or be working to
  achieve an equivalent diploma or certificate.
         (b)  The board shall adopt rules that permit a pharmacy
  technician and pharmacy technician trainee to perform only
  nonjudgmental technical duties under the direct supervision of a
  pharmacist.
         SECTION 20.  Section 568.002, Occupations Code, is amended
  to read as follows:
         Sec. 568.002.  [PHARMACY TECHNICIAN] REGISTRATION REQUIRED.
  (a)  A person must register with the board before beginning work in
  a pharmacy in this state as a pharmacy technician or a pharmacy
  technician trainee [pharmacy technician must register with the
  board annually or biennially, as determined by board rule, on a form
  prescribed by the board].
         (b)  The board may allow a pharmacy technician to petition
  the board for a special exemption from the pharmacy technician
  certification requirement if the pharmacy technician[:
               [(1)]  is in a county with a population of less than
  50,000[; or
               [(2)     on September 1, 2001, has been employed as a
  pharmacy technician in this state for at least 10 years and the
  technician's employer approves the petition].
         (c)  An applicant for registration as a pharmacy technician
  or a pharmacy technician trainee must:
               (1)  be of good moral character; and
               (2)  submit an application on a form prescribed by the
  board.
         (d)  A person's registration as a pharmacy technician or
  pharmacy technician trainee remains in effect as long as the person
  meets the qualifications established by board rule.
         SECTION 21.  Subsection (a), Section 568.003, Occupations
  Code, is amended to read as follows:
         (a)  The board may take disciplinary action under Section
  568.0035 against an applicant for or the holder of a current or
  expired pharmacy technician or pharmacy technician trainee
  registration if the board determines that the applicant or
  registrant has:
               (1)  violated this subtitle or a rule adopted under
  this subtitle;
               (2)  engaged in gross immorality, as that term is
  defined by the rules of the board;
               (3)  engaged in any fraud, deceit, or
  misrepresentation, as those terms are defined by the rules of the
  board, in seeking a registration to act as a pharmacy technician or
  pharmacy technician trainee;
               (4)  been convicted of or placed on deferred
  adjudication community supervision or deferred disposition or the
  applicable federal equivalent for:
                     (A)  a misdemeanor:
                           (i)  involving moral turpitude; or
                           (ii)  under Chapter 481 or 483, Health and
  Safety Code, or the Comprehensive Drug Abuse Prevention and Control
  Act of 1970 (21 U.S.C. Section 801 et seq.); or
                     (B)  a felony;
               (5)  developed an incapacity that prevents the
  applicant or registrant from practicing as a pharmacy technician or
  pharmacy technician trainee with reasonable skill, competence, and
  safety to the public;
               (6)  violated:
                     (A)  Chapter 481 or 483, Health and Safety Code,
  or rules relating to those chapters;
                     (B)  Sections 485.031-485.035, Health and Safety
  Code; or
                     (C)  a rule adopted under Section 485.011, Health
  and Safety Code;
               (7)  violated the pharmacy or drug laws or rules of this
  state, another state, or the United States;
               (8)  performed duties in a pharmacy that only a
  pharmacist may perform, as defined by the rules of the board;
               (9)  used alcohol or drugs in an intemperate manner
  that, in the board's opinion, could endanger a patient's life;
               (10)  engaged in negligent, unreasonable, or
  inappropriate conduct when working in a pharmacy;
               (11)  violated a disciplinary order;
               (12)  been convicted or adjudicated of a criminal
  offense that requires registration as a sex offender under Chapter
  62, Code of Criminal Procedure; or
               (13)  been disciplined by a pharmacy or other health
  regulatory board of this state or another state for conduct
  substantially equivalent to conduct described by this subsection.
         SECTION 22.  Subsection (a), Section 568.0035, Occupations
  Code, is amended to read as follows:
         (a)  On a determination that a ground for discipline exists
  under Section 568.003, the board may:
               (1)  suspend the person's registration;
               (2)  revoke the person's registration;
               (3)  restrict the person's registration to prohibit the
  person from performing certain acts or from practicing as a
  pharmacy technician or pharmacy technician trainee in a particular
  manner for a term and under conditions determined by the board;
               (4)  impose an administrative penalty under Chapter
  566;
               (5)  refuse to issue or renew the person's
  registration;
               (6)  place the offender's registration on probation and
  supervision by the board for a period determined by the board and
  impose a requirement that the registrant:
                     (A)  report regularly to the board on matters that
  are the basis of the probation;
                     (B)  limit practice to the areas prescribed by the
  board;
                     (C)  continue or review professional education
  until the registrant attains a degree of skill satisfactory to the
  board in each area that is the basis of the probation; or
                     (D)  pay the board a probation fee to defray the
  costs of monitoring the registrant during the period of probation;
               (7)  reprimand the person;
               (8)  retire the person's registration as provided by
  board rule; or
               (9)  impose more than one of the sanctions listed in
  this section.
         SECTION 23.  Subsection (a), Section 568.0037, Occupations
  Code, is amended to read as follows:
         (a)  The president of the board shall appoint a disciplinary
  panel consisting of three board members to determine whether a
  registration under this chapter should be temporarily suspended or
  restricted.  If a majority of the panel determines from evidence or
  information presented to the panel that the registrant by
  continuation in practice as a pharmacy technician or pharmacy
  technician trainee would constitute a continuing threat to the
  public welfare, the panel shall temporarily suspend or restrict the
  registration as provided by Subsection (b).
         SECTION 24.  Section 568.004, Occupations Code, is amended
  to read as follows:
         Sec. 568.004.  RENEWAL OF REGISTRATION. The board may adopt
  a system in which the registrations of pharmacy technicians and
  pharmacy technician trainees expire on various dates during the
  year.
         SECTION 25.  Section 568.005, Occupations Code, is amended
  to read as follows:
         Sec. 568.005.  FEES. The board may adopt fees as necessary
  for the registration of pharmacy technicians and pharmacy
  technician trainees.
         SECTION 26.  Section 568.006, Occupations Code, is amended
  to read as follows:
         Sec. 568.006.  RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS
  AND PHARMACY TECHNICIAN TRAINEES. The ratio of pharmacists to
  pharmacy technicians and pharmacy technician trainees in a Class A
  pharmacy must be at least one pharmacist for every five pharmacy
  technicians or pharmacy technician trainees if the Class A pharmacy
  dispenses not more than 20 different prescription drugs and does
  not produce intravenous or intramuscular drugs on-site.
         SECTION 27.  The heading to Section 568.008, Occupations
  Code, is amended to read as follows:
         Sec. 568.008.  PHARMACY TECHNICIANS IN HOSPITALS WITH
  CLINICAL PHARMACY PROGRAM.
         SECTION 28.  Chapter 568, Occupations Code, is amended by
  adding Section 568.009 to read as follows:
         Sec. 568.009.  CHANGE OF ADDRESS OR EMPLOYMENT. Not later
  than the 10th day after the date of a change of address or
  employment, a pharmacy technician or a pharmacy technician trainee
  shall notify the board in writing of the change.
         SECTION 29.  Subsections (a) and (c), Section 569.001,
  Occupations Code, are amended to read as follows:
         (a)  Every insurer or other entity providing pharmacist's
  professional liability insurance, pharmacy technician professional
  and supplemental liability insurance, or druggist's professional
  liability insurance covering a pharmacist, pharmacy technician,
  pharmacy technician trainee, or pharmacy license holder in this
  state shall submit to the board the information described in
  Section 569.002 at the time prescribed.
         (c)  If a pharmacist, pharmacy technician, pharmacy
  technician trainee, or pharmacy licensed in this state does not
  carry or is not covered by pharmacist's professional liability
  insurance, pharmacy technician professional and supplemental
  liability insurance, or druggist's professional liability
  insurance and is insured by a nonadmitted carrier or other entity
  providing pharmacy professional liability insurance that does not
  report under this subtitle, the duty to report information under
  Section 569.002 is the responsibility of the pharmacist, pharmacy
  technician, pharmacy technician trainee, or pharmacy license
  holder.
         SECTION 30.  Subsection (a), Section 569.002, Occupations
  Code, is amended to read as follows:
         (a)  The following information must be furnished to the board
  not later than the 30th day after receipt by the insurer of the
  notice of claim letter or complaint from the insured:
               (1)  the name of the insured and the insured's state
  pharmacy technician registration number, pharmacy technician
  trainee registration number, or pharmacist or pharmacy license
  number;
               (2)  the policy number; and
               (3)  a copy of the notice of claim letter or complaint.
         SECTION 31.  Subsection (b), Section 569.005, Occupations
  Code, is amended to read as follows:
         (b)  The board shall review the information relating to a
  pharmacist, pharmacy technician, pharmacy technician trainee, or
  pharmacy license holder against whom at least three professional
  liability claims have been reported within a five-year period in
  the same manner as if a complaint against the pharmacist, pharmacy
  technician, pharmacy technician trainee, or pharmacy license
  holder had been made under Chapter 555.
         SECTION 32.  Subsection (i), Section 411.081, Government
  Code, is amended to read as follows:
         (i)  A criminal justice agency may disclose criminal history
  record information that is the subject of an order of nondisclosure
  under Subsection (d) to the following noncriminal justice agencies
  or entities only:
               (1)  the State Board for Educator Certification;
               (2)  a school district, charter school, private school,
  regional education service center, commercial transportation
  company, or education shared service arrangement;
               (3)  the Texas Medical Board;
               (4)  the Texas School for the Blind and Visually
  Impaired;
               (5)  the Board of Law Examiners;
               (6)  the State Bar of Texas;
               (7)  a district court regarding a petition for name
  change under Subchapter B, Chapter 45, Family Code;
               (8)  the Texas School for the Deaf;
               (9)  the Department of Family and Protective Services;
               (10)  the Texas Juvenile Justice Department [Youth
  Commission];
               (11)  the Department of Assistive and Rehabilitative
  Services;
               (12)  the Department of State Health Services, a local
  mental health service, a local mental retardation authority, or a
  community center providing services to persons with mental illness
  or retardation;
               (13)  the Texas Private Security Board;
               (14)  a municipal or volunteer fire department;
               (15)  the Texas Board of Nursing;
               (16)  a safe house providing shelter to children in
  harmful situations;
               (17)  a public or nonprofit hospital or hospital
  district;
               (18)  [the Texas Juvenile Probation Commission;
               [(19)]  the securities commissioner, the banking
  commissioner, the savings and mortgage lending commissioner, the
  consumer credit commissioner, or the credit union commissioner;
               (19) [(20)]  the Texas State Board of Public
  Accountancy;
               (20) [(21)]  the Texas Department of Licensing and
  Regulation;
               (21) [(22)]  the Health and Human Services Commission;
               (22) [(23)]  the Department of Aging and Disability
  Services;
               (23) [(24)]  the Texas Education Agency;
               (24) [(25)]  the Guardianship Certification Board;
               (25) [(26)]  a county clerk's office in relation to a
  proceeding for the appointment of a guardian under Chapter XIII,
  Texas Probate Code;
               (26) [(27)]  the Department of Information Resources
  but only regarding an employee, applicant for employment,
  contractor, subcontractor, intern, or volunteer who provides
  network security services under Chapter 2059 to:
                     (A)  the Department of Information Resources; or
                     (B)  a contractor or subcontractor of the
  Department of Information Resources;
               (27) [(28)]  the Court Reporters Certification Board;
               (28) [(29)]  the Texas Department of Insurance; [and]
               (29) [(30)]  the Teacher Retirement System of Texas;
  and
               (30)  the Texas State Board of Pharmacy.
         SECTION 33.  The following provisions of the Occupations
  Code are repealed:
               (1)  Chapter 567; and
               (2)  Section 568.007.
         SECTION 34.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 869 passed the Senate on
  April 11, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 22, 2013, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 869 passed the House, with
  amendment, on May 17, 2013, by the following vote: Yeas 129,
  Nays 5, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor