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RULEMAKING AUTHORITY
·
Rulemaking authority is expressly granted to the executive commissioner
of the Health and Human Services Commission in SECTIONS 2.004 and 6.001 of
this bill.
·
Rulemaking authority is expressly granted to the Texas Board of
Medical Radiologic Technology, as approved by the Texas Medical Board, in
SECTIONS 9.011 and 9.031 of this bill.
·
Rulemaking authority is expressly granted to the Texas Medical
Board in SECTIONS 9.006, 9.063, 9.078, and 9.150 of this bill.
·
Rulemaking authority is expressly granted to the Texas Board of
Respiratory Care, as approved by the Texas Medical Board, in SECTIONS 9.155,
9.178, and 9.181 of this bill.
It is the
committee's opinion that rulemaking authority is transferred in this bill as
follows:
·
Rulemaking authority previously granted to the Texas Midwifery
Board, as approved by the executive commissioner of the Health and Human
Services Commission, is transferred to the Texas Commission of Licensing and
Regulation in SECTIONS 8.011, 8.016, 8.018, 8.021, 8.023, 8.027, 8.028, and
8.032 of this bill.
·
Rulemaking authority previously granted to the State Board of
Examiners for Speech–Language Pathology and Audiology is transferred to the
Texas Commission of Licensing and Regulation in SECTIONS 8.052, 8.059, 8.062,
8.064, 8.066, 8.070, 8.071, 8.074, 8.075, 8.076, 8.077 of this bill.
·
Rulemaking authority previously granted to the State Committee
of Examiners in the Fitting and Dispensing of Hearing Instruments, as
approved by the executive commissioner of the Health and Human Services
Commission, and the State Board of Examiners for Speech–Language Pathology
and Audiology is transferred to the Texas Commission of Licensing and
Regulation in SECTIONS 8.053, 8.054, 8.090, and 8.091 of this bill.
·
Rulemaking authority previously granted to the State Committee
of Examiners in the Fitting and Dispensing of Hearing Instruments, as
approved by the executive commissioner of the Health and Human Services
Commission, is transferred to the Texas Commission of Licensing and
Regulation in SECTIONS 8.094, 8.103, 8.108, 8.113, 8.118, and 8.119 of this
bill.
·
Rulemaking authority previously granted to the Advisory Board
of Athletic Trainers is transferred to the Texas Commission of Licensing and
Regulation in SECTION 8.142 of this bill.
·
Rulemaking authority previously granted to the Texas Board of
Orthotics and Prosthetics is transferred to the Texas Commission of Licensing
and Regulation in SECTIONS 8.161, 8.163, 8.167, 8.168, and 8.169 of this
bill.
·
Rulemaking authority previously granted to the Texas State
Board of Examiners of Dieticians is transferred to the Texas Commission of
Licensing and Regulation in SECTIONS 8.183, 8.187, 8.190, 8.191, 8.195,
8.197, 8.198, and 8.201 of this bill.
·
Rulemaking authority previously granted to the executive commissioner
of the Health and Human Services Commission is transferred to the Texas
Commission of Licensing and Regulation in SECTIONS 8.205, 8.206, 8.209,
8.214, 8.215, 8.216, 8.217, 8.226 to 8.229, 8.232, 8.233, 8.238, 8.239,
8.241, 8.242, 8.244, 8.245, 8.252, 8.253, 8.254, 8.256, 8.257, 8.262, 8.263, 8.264,
8.265, 8.266, 8.267, 8.268, 8.269, 8.270, 8.271, 8.272, 8.276, and 8.277 of
this bill.
·
Rulemaking authority previously granted to the executive commissioner
of the Health and Human Services Commission is transferred to the Texas Board
of Medical Radiologic Technology, as approved by the Texas Medical Board, in
SECTIONS 9.005, 9.007, 9.008, 9.009, 9.010, 9.016, 9.021, 9.022, and 9.029 of
this bill.
·
Rulemaking authority previously granted to the Texas Board of
Licensure for Professional Medical Physicists, as approved by the executive commissioner
of the Health and Human Services Commission, is transferred to the Texas
Medical Board in SECTIONS 9.056, 9.064, 9.068, 9.071, 9.076, and 9.077 of
this bill.
·
Rulemaking authority previously granted to the executive commissioner
of the Health and Human Services Commission is transferred to the Texas
Medical Board in SECTIONS 9.097, 9.099, 9.101, 9.104, 9.106, 9.110, 9.112,
9.116, 9.119, 9.128, 9.130, 9.131 and 9.138 of this bill.
·
Rulemaking authority previously granted to the executive commissioner
of the Health and Human Services Commission is transferred to the Texas Board
of Respiratory Care, as approved by the Texas Medical Board, in SECTIONS
9.149, 9.151, 9.153, 9.157, 9.160, 9.165, 9.167, 9.173, and 9.180 of this
bill.
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ANALYSIS
S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, was signed by the Governor on April 2,
2015, giving effect to the bill on that date. C.S.H.B. 2510 makes technical
and conforming changes to align with the changes in law enacted by S.B. 219.
Article 1 – State Mental
Health Hospital System
Treatment alternatives
training curriculum for judges and attorneys
C.S.H.B.
2510 requires the Department of State Health Services (DSHS) to work with the
Court of Criminal Appeals to develop and maintain a training curriculum for
judges and attorneys that provides information on inpatient and outpatient
treatment alternatives to inpatient commitment to a state hospital for a
patient whom a court is ordering to receive specified mental health services.
The bill requires the training curriculum to be developed by March 1, 2016
and specifies that the curriculum must include a guide to treatment
alternatives for these patients.
Article
2 – Community Mental Health Programs
Strategic
review of DSHS behavioral health services provider contracts
C.S.H.B.
2510 requires the Health and Human Services Commission (HHSC) to conduct a
strategic review to evaluate and improve the performance measures and payment
mechanisms included in DSHS contracts with providers of behavioral health
services. The bill requires the review to take place in three phases
with the assistance of a third party who has expertise in health
purchasing. The bill specifies the requirements and activities for each
phase of the review. The bill requires DSHS and HHSC to implement
refinements to the metrics and methodology associated with the withholding of
funds from local mental health authorities identified through phase one of
the review by September 1, 2015. The bill prohibits HHSC and the
department from including a performance measure identified for elimination in
phase one of the review in a contract between DSHS and a provider of
behavioral health services that is entered into or renewed on or after
September 1, 2015. The bill requires contracts between DSHS and a
provider of behavioral health services that is entered into or renewed on or
after September 1, 2016 to include specified elements related to phase two of
the review. In the third phase of the review, the bill requires HHSC to
develop and make available to the public online, by December 1, 2016, a
web-based dashboard that enables the public to make comparisons between
behavioral health services providers. The bill specifies that the provisions
relating to the review expire on September 1, 2017.
Regional
allocation of state mental health hospital beds
C.S.H.B.
2510 requires HHSC, as soon as practicable after the effective date of the
bill and with input from local mental health and behavioral health
authorities, to divide the state into regions for the purpose of allocating
state hospital beds to each region for specified patients. The bill requires
HHSC to consider any plan developed under Section 533.051, Health and Safety
Code, before creating the regions.
C.S.H.B.
2510 requires the local mental health and behavioral health authorities to
develop and submit a methodology for allocating to each region a certain
number of state hospital beds for specified patients to HHSC for approval.
The bill authorizes HHSC to approve the allocation methodology only if the
authorities demonstrate that the methodology fairly allocates state hospital
beds across the state. The bill requires DSHS to begin allocating state
hospital beds to the regions according to the methodology after HHSC
approval.
C.S.H.B.
2510 requires HHSC to assess and collect a daily fee, on a quarterly basis
and for an amount prescribed by rule by the executive commissioner, from each
local mental health and behavioral health authority in a region for each bed
day that a specified patient spends in a state hospital in excess of the
number of state hospital beds allocated to that region. The bill requires
HHSC to distribute the fees collected to local mental health and behavioral
health authorities in each region that underuse their allocation during the
quarter, on a proportional basis to the underuse of state hospital beds in
the regions in which the authorities are located. The bill requires DSHS,
before HHSC approves the methodology, to continue to allocate state hospital
beds according to the department’s policy as it existed immediately before
the effective date of this bill, and continues the previous policy for that
purpose.
Review
of requirements for community–based behavioral health treatment facilities
C.S.H.B.
2510 requires DSHS to comprehensively review its rules and contract
requirements governing community–based crisis and treatment facilities for
persons with mental health and substance abuse disorders. The bill requires
DSHS regulatory staff, DSHS behavioral health program staff, and stakeholders
to work together to identify best practices for and unnecessary barriers to
the effective delivery of mental health and substance abuse services by
community-based crisis and treatment facilities. The bill requires DSHS to
develop and submit proposed rules to the appropriate behavioral health
services advisory body designated by the executive commissioner for review.
The bill requires the executive commissioner to adopt rules relating to the
delivery of mental health and substance abuse services by community-based
crisis and treatment facilities by September 1, 2016 after considering any
recommendations made by the advisory body. The bill specifies the rules may
include the establishment of new types of community–based crisis and
treatment facilities for persons with mental health disorders, substance
abuse disorders, or co–occurring mental health and substance abuse disorders
C.S.H.B.
2510 authorizes the executive commissioner to adopt rules establishing new
types of community–based crisis and treatment facilities for persons with
mental health disorders, substance abuse disorders, or co–occurring mental
health and substance abuse disorders. The bill specifies that any new
facility type established by rule must provide mental health or substance
abuse services to patients in a residential setting and according to best
practices. The bill requires DSHS to give priority in the award of state
funding for crisis and treatment facilities to a facility that is approved by
DSHS to operate as a new facility type or that otherwise delivers mental
health or substance abuse services in an innovative manner. The bill
specifies that the provisions relating to the review expire on September 1,
2017.
Integrated
mental health and substance abuse hotline, outreach, screening, assessment,
and referral functions
C.S.H.B.
2510 specifies DSHS may contract only with local mental health authorities
and behavioral health authorities to administer outreach, screening,
assessment, and referral functions relating to the provision of substance
abuse services. The bill specifies this requirement applies to contracts
entered into or renewed after the effective date of this Act. The bill requires
DSHS to ensure each authority operates a toll–free telephone hotline that
enables a person to call a single hotline number to obtain information about
mental health services, substance abuse services, or both.
Removes two DSHS advisory committees from statute
C.S.H.B. 2510 eliminates the
Local Authority Network Advisory Committee and Drug Demand Reduction Advisory
Committee by repealing provisions of law relating to these committees and
makes a conforming change to remove a related reference.
Article
3 – Emergency Medical Services (EMS) Regulation
Jurisprudence
exam
C.S.H.B. 2510 allows DSHS to
develop and administer a jurisprudence examination to determine the knowledge
that an applicant for an EMS provider license or EMS personnel certification
has of the laws and rules affecting the applicant’s regulated activities.
The bill requires DSHS rules to specify who must take the examination on
behalf of an entity applying for an EMS provider license.
Physical business
location requirement
C.S.H.B. 2510 requires an EMS
provider applicant to have, demonstrate proof of, and operate out of a
permanent physical location as their primary place of business according to
certain requirements. The bill specifies the EMS provider may own or lease
the physical location and must remain in the same physical location for the
period of licensure, unless DSHS approves a change in location. The bill
requires the EMS provider to maintain all patient care records in the
physical location, unless DSHS approves an alternative location and specifies
only one EMS provider may operate out of a single physical location. The
bill specifies these provisions apply to EMS provider license applications or
renewals on or after the effective date of the Act.
Ownership or lease
agreement for EMS equipment
C.S.H.B. 2510 requires an
applicant for an EMS provider license to own or hold a long-term lease for
all equipment necessary for the safe operation of an EMS provider, including
EMS vehicles, heart rate monitors, defibrillators, stretchers, and any other
equipment DSHS determines is required. The bill requires an applicant for an
EMS provider license to demonstrate proof of compliance with these provisions
in the manner required by DSHS. The bill provides that these provisions
apply to EMS provider license applications or renewals on or after the
effective date of the Act.
EMS complaint information
C.S.H.B. 2510 requires DSHS to
track and keep records of specified complaints, investigations, and
disciplinary actions regarding EMS providers and personnel. The bill
requires DSHS to annually report specified statistical information regarding
each complaint received, investigation, and disciplinary action, and to make
the report available to the public through publication on the DSHS website
and on request. The bill requires DSHS to develop a formal
process to refer complaints received outside its jurisdiction to the
appropriate agency for disposition, as soon as practicable after the
effective date of this Act. The bill requires DSHS to track the types of
nonjurisdictional complaints and to separately track nonjurisdictional
complaints relating to potential billing fraud and make such information
available to the appropriate state agency.
Delegated inspections
C.S.H.B. 2510 authorizes DSHS
to use an inspection performed by an entity to which DSHS has delegated
inspection authority as a basis for a disciplinary action, regardless of
whether the inspection was performed before, on, or after the effective date
of the Act.
Article 4 – Public Health
System
Inventory of public
health entities and responsibilities
C.S.H.B. 2510 requires DSHS to
develop a comprehensive inventory of the roles, responsibilities, and
capacity relating to public health services of DSHS’ central office, public
health regions, and each local health department, district, and authority in
the state. The bill specifies the inventory must include specific services
and programs each entity currently provides and the level of services
provided.
C.S.H.B. 2510 requires DSHS,
using the inventory, to create and update a clear matrix of duties specific
to each region, indicating which duties are performed by each entity, and
requires DSHS to clearly delineate the division of duties between DSHS’
central office and the public health regions. The bill requires each public
health region and each local health department, district, and authority in
the state to provide DSHS with information regarding any significant change
in public health services provided by that entity. The bill requires DSHS to
solicit input from the Public Health Funding and Policy Committee and local
health departments in creating the inventory and matrix of responsibilities,
and to biennially present the inventory and matrix at a meeting of the
committee and at a meeting of the State Health Services Council. The bill
requires DSHS to submit the initial inventory no later than March 1, 2016,
and to update the inventory and matrix no later than September 1 of each
even-numbered year.
State public health
system goals and action plan
C.S.H.B. 2510 requires DSHS, in
consultation with the Public Health Funding and Policy Committee, to
establish clear goals and statewide priorities for developing and improving
the public health services delivery system in Texas, and to develop an
overarching vision for the DSHS central office, each public health region,
and local health departments, districts, and authorities. The bill requires
DSHS to develop goals and strategies for each region in the state, with
milestones, dates, performance measures, and identification of resources
needed, and to create a public health action plan with regional strategies
and milestones to achieve established goals.
C.S.H.B. 2510 requires DSHS to
complete an updated public health action plan no later than November 30 of
each even–numbered year, and present the plan and progress towards goals
established in previous plans to the Public Health Funding and Policy
Committee, the State Health Services Council, and appropriate standing
committees of the legislature. The bill changes existing reporting
requirements relating to the Public Health Funding and Policy Committee to
make these reports due biennially instead of annually.
Article 5 – Vital Statistics
Identity
verification and self-assessment report
C.S.H.B.
2510 prohibits the state registrar or a local registrar from issuing a
certified copy of a record under this chapter to a person who has applied for
the record by mail unless the person has provided notarized proof of identity,
in accordance with rules adopted by the executive commissioner of HHSC. The
bill provides that the rules may require the issuer of the certified copy to
verify notarization using certain records of the secretary of state.
C.S.H.B. 2510 requires all
local registrars to annually submit a self–assessment report to the state
registrar and requires DSHS to prescribe the information that must be
included in the report to allow a thorough desk audit of a local registrar.
The bill requires DSHS to solicit comment from local registrars in
prescribing the initial requirements for local registrar self-assessment
reports.
Fingerprint–based
criminal history background checks
C.S.H.B. 2510 specifies that a
person may not access vital records maintained by DSHS and may not access
DSHS vital records electronic registration system unless DSHS, or another
person acting on behalf of DSHS, has conducted a fingerprint–based criminal
background check, using state and federal databases, on the person in accordance
with DSHS policy and the person’s record is satisfactory as determined under
DSHS policy. The bill authorizes DSHS to adopt a policy waiving the
requirement of a fingerprint-based background check for a person who
previously submitted to one as a condition of licensure by a state agency.
The bill specifies that DSHS is entitled to obtain the necessary criminal
history record information from the Department of Public Safety for a person
authorized to access vital records or the vital records electronic
registration system, including an employee of or contractor for DSHS, a local
registrar, a medical professional, or a funeral director. The bill requires
DSHS to prescribe the policies necessary to implement these provisions by
March 1, 2016.
Article 6 – Texas Health
Care Information Collection Program
C.S.H.B. 2510 repeals the
separate Sunset date for the health care data collection program at DSHS
(known as the Texas Health Care Information Collection program) and requires
the executive commissioner of HHSC to adopt rules to establish a process by
which DSHS may grant a waiver to exempt a facility from the requirements to
submit data. The bill specifies a facility may be exempted if the facility
conducts not more than 600 procedures a year and does not have information
systems capable of automated reporting of certain claims. The bill also
specifies that a waiver may be valid for not more than one year and may be
reissued upon a showing of evidence that the facility continues to qualify
for the waiver. The bill specifies that a provider that submits data under
the program is not civilly or criminally liable for the use of the data under
provisions governing the program or for a subsequent release of the data by
DSHS or another person.
Article 7 – Abolition of
Certain Advisory Committees, Panels, and Boards
C.S.H.B. 2510 abolishes the
Worksite Wellness Advisory Board, Sickle Cell Advisory Committee, Arthritis
Advisory Committee, Advisory Panel on Health Care–Associated Infections and
Preventable Adverse Events, Youth Camp Training Advisory Committee, and Texas
Medical Child Abuse Resources and Education System (MEDCARES) Advisory
Committee. The bill makes conforming changes to remove associated references
to these entities and certain functions. The bill specifies that HHSC shall
take custody of any these entities’ property, records, or other assets.
Article 8 – Regulatory
Programs Transferred to the Texas Department of Licensing and Regulation
(TDLR)
Part 1. Transfers during
the biennium ending August 31, 2017
C.S.H.B. 2510 transfers
regulation of midwives; speech–language pathologists and audiologists;
hearing instrument fitters and dispensers; athletic trainers; orthotists and
prosthetists; and dieticians from DSHS to TDLR during the biennium ending
August 31, 2017. The bill reconstitutes the existing
associated boards and committee as advisory boards at TDLR and makes them
responsible for providing advice and recommendations to TDLR on technical
matters relevant to the administration of the laws associated with the
regulatory programs. The bill specifies the advisory boards’ appointments
and terms, including filling vacancies; duties; and meeting requirements. The
bill makes changes to conform the statutory provisions relating to
administration and enforcement for each of these regulatory programs to
existing TDLR requirements and procedures.
C.S.H.B. 2510 transfers
administration and enforcement of these regulatory programs to TDLR’s executive director and transfers the associated
rulemaking authority to the Texas Commission of Licensing and Regulation, and
makes related conforming changes. The bill repeals provisions of law
associated with the regulatory programs that duplicate or conflict with other
provisions of law that currently apply to TDLR, and makes related conforming
changes. The bill removes the separate Sunset dates for these regulatory
programs and maintains certain requirements of DSHS in the Texas Midwifery
Act.
Part 2. Transfers during
the biennium ending August 31, 2019
C.S.H.B. 2510 transfers
regulation of offender education providers, laser hair removal, massage
therapists, code enforcement officers, sanitarians, and mold assessors and
remediators from DSHS to TDLR during the biennium ending August 31, 2019. The
bill makes changes to conform the statutory provisions relating to
administration and enforcement for each of these regulatory programs to
existing TDLR requirements and procedures.
C.S.H.B. 2510 transfers
administration and enforcement of these regulatory programs to TDLR’s executive director and transfers the
associated rulemaking authority to the Texas Commission of Licensing and
Regulation. The bill repeals provisions of law associated with the
regulatory programs that duplicate or conflict with other provisions of law
that currently apply to TDLR, and makes related conforming changes.
C.S.H.B. 2510 authorizes TDLR
to establish an advisory committee to provide advice and recommendations to
TDLR on technical matters relevant to the administration of code enforcement
officer and sanitarian programs. The changes in law made by Part 2 of
Article 8 are effective September 1, 2017.
Part 3. Transition
Provisions
C.S.H.B. 2510 specifies that
rules and fees; licenses, permits, certificates or other authorizations; and
complaints, investigations, contested cases, or other proceedings continue or
transfer in effect from DSHS to TDLR, or until changed by the Texas
Commission of Licensing and Regulation. The bill also requires DSHS to
provide TDLR with access to any systems or information necessary to accept a
transferred program.
C.S.H.B. 2510 requires DSHS and
TDLR, as soon as practicable after the effective date of a transfer, to adopt
a transition plan to provide for the orderly transfer of power, duties, functions,
programs, and activities. The bill requires the transition plan to provide
for the transfer to be completed by August 31, 2017 for the programs
transferred under Part 1, and by August 31, 2019 for the programs transferred
under Part 2. The bill specifies that on the date specified in the
transition plan, if applicable, the existing board associated with the
program is abolished and TDLR shall, as soon as practicable after that date,
appoint the advisory board for the program. The bill also requires TDLR to
create a health professions division by August 31, 2017 to oversee programs
transferred from DSHS and to ensure TDLR develops necessary health–related
expertise.
Article 9 – Regulatory
Programs Transferred to the Texas Medical Board (TMB)
C.S.H.B. 2510 transfers the
regulation of medical radiologic technologists, respiratory care
practitioners, medical physicists, and perfusionists from DSHS to TMB, and
establishes associated advisory boards and advisory committees. The bill
subjects these programs to Sunset review at the same time as TMB. C.S.H.B.
2510 requires fingerprint–based background checks for both new applications
and renewals for all four professions transferring to TMB and requires the
advisory boards and TMB as specified to adopt rules and guidelines regarding
consequences of criminal convictions. The bill specifies that the background
check requirements apply only to applications or renewals on or after January
1, 2016. The bill repeals provisions of law associated with the regulatory
programs that duplicate or conflict with other provisions of law that
currently apply to TMB, and makes related conforming changes.
Medical Radiologic Technologists
and Respiratory Care Practitioners
C.S.H.B. 2510 transfers the
regulation of medical radiologic technologists and respiratory care
practitioners from DSHS to TMB. The bill establishes the Texas Board of
Medical Radiologic Technology and the Texas Board of Respiratory Care as
governor-appointed advisory boards to TMB. The bill specifies the advisory
boards’ appointments, eligibility, and terms; duties; and meeting
requirements. The bill requires the advisory boards to adopt rules relating
to regulation of medical radiologic technologists and respiratory care
practitioners, but specifies that TMB must approve or reject each rule
adopted by the advisory boards. The bill adds or amends provisions relating
to the division of responsibilities and delegation of certain duties between
the advisory boards and TMB; issuance and renewal of certificates; complaints
and investigative information; and disciplinary actions and proceedings. The
bill also adds a requirement for a jurisprudence exam for applicants for
these two professions.
Medical Physicists and Perfusionists
C.S.H.B. 2510 transfers the
regulation of medical physicists and perfusionists from DSHS to TMB. The
bill renames the Texas Board of Licensure for Professional Medical Physicists
the Medical Physicist Licensure Advisory Committee, and renames the Texas
State Perfusionist Advisory Committee the Perfusionist Licensure Advisory
Committee. The bill makes these entities informal advisory committees to
TMB. The bill provides for appointments by the president of TMB; member
eligibility and terms, including filling vacancies; duties; and meeting
requirements of the advisory committees. The bill specifies that the
advisory committees have no independent rulemaking authority and requires TMB
to adopt all rules and implement all policies necessary to carry out the
regulation for the medical physicist and perfusionist regulatory programs.
Transition Provisions
C.S.H.B. 2510 specifies that
rules and fees; licenses, permits, or certificates; and complaints,
investigations, contested cases, or other proceedings continue or transfer
from DSHS to TMB until changes are made by the authorized entities, as
appropriate. The bill also specifies certain provisions apply only to an
application for the issuance or renewal of a license, certificate, or permit
filed under specific chapters of the Occupations Code on or after January 1,
2016 and that an application filed before that date is governed by the law in
effect at the time the application was filed, and the former law is continued
in effect for that purpose.
C.S.H.B. 2510 requires DSHS and
TMB to adopt a transition plan to provide for the orderly transfer of powers,
duties, functions, programs, and activities as soon as practicable after the
effective date of the Act. The bill requires DSHS to provide TMB with access
to any systems or information necessary for TMB to accept a transferred
program. The bill abolishes the existing Texas Board of Licensure for
Professional Medical Physicists and the Texas State Perfusionist Advisory
Committee on the effective date of the Act and requires the Governor and
president of TMB, as appropriate, to appoint members to the Texas Board of
Medical Radiologic Technology, the Medical Physicist Licensure Advisory
Committee, the Perfusionist Licensure Advisory Committee, and the Texas Board
of Respiratory Care as soon as practicable after the effective date of the
Act.
Article 10 – Deregulation of
certain activities and occupations
C.S.H.B. 2510 repeals
provisions and makes conforming changes to discontinue state involvement in
the licensing, registration, and permitting of the following activities and
occupations:
- indoor air quality in state
buildings;
- rendering;
- tanning bed facilities;
- food handler education and
training programs;
- bottled and vended water
certifications;
- personal emergency response systems;
- opticians;
- contact lens dispensers;
- dyslexia therapists and
practitioners; and
- bedding.
C.S.H.B. 2510 removes the state
accreditation of food handler education and training programs by DSHS and
replaces it with accreditation by the American National Standards Institute
and makes related conforming changes. The bill defines a food manager as an
individual who manages or operates a food establishment and requires a local
health jurisdiction that requires training for a food service worker to
accept a food manager training course accredited by DSHS or a food handler
training course accredited by the American National Standards Institute as
sufficient to meet the jurisdiction’s training and testing requirements.
C.S.H.B. 2510 specifies that a
license, permit, certification of registration, or other authorization issued
that is repealed through this Act expires on the effective date of the Act,
but that the changes made by the bill would not affect the validity of a
disciplinary action taken, offense committed, or fee paid before the
effective date of the Act and that is pending before a court or other
governmental entity on the effective date of the Act. The bill specifies
that an offense under or other violation of a law that is repealed by this
article of the bill is governed by the law in effect when the violation was
committed, and continues the former law for that purpose. The bill specifies
that an offense or violation was committed before the effective date of the
Act if any element of the offense or violation occurred before that date.
The bill provides that a repeal of a law by this article of the bill does not
entitle a person to a refund of an application, licensing, or other fee paid
by the person before the effective date of the Act.
Article 11 – Continuation of
DSHS
C.S.H.B. 2510 continues DSHS
for 12 years, until September 1, 2027. The bill provides that the DSHS
continuation to 2027 is only effective if other legislation providing for the
transfer of DSHS’ functions to HHSC is not enacted and does not become law.
If such legislation is enacted and becomes law, DSHS is abolished on
September 1, 2015.
Article 12 – General
Provisions and Effective Date
C.S.H.B. 2510 specifies that to
the extent of any conflict, this Act prevails over another Act of the 84th
Legislature, Regular Session, 2015, relating to nonsubstantive additions to
and corrections in enacted codes, and specifies the effective date of the
Act.
Article 2
The following provision of the Education Code is repealed:
The following provisions of the Health and Safety Code are
repealed:
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Subchapter F, Chapter 461A
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Section 533.0351
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Article 6
The following provision is repealed:
Article 7
The following provisions of the Government Code are
repealed:
|
Sections 664.051(1), 664.054, 664.055, 664.056, 664.057,
664.059, and 664.060(c) and (f)
|
The following provisions of the Health and Safety Code are
repealed:
|
Section 33.053
|
Section 97.007
|
Sections 98.001(1) and 98.002
|
|
Subchapter B, Chapter 98
|
Section 141.0096, as amended by S.B. 219, Acts of the
84th Legislature, Regular Session, 2015
|
Section 1001.153, as added by Chapter 1238 (S.B. 2080),
Acts of the 81st Legislature, Regular Session, 2009
|
Article 8. Part 1.
The following provisions of the Occupations Code, including
provisions amended by S.B. 219, Acts of the 84th Legislature, Regular
Session, 2015, are repealed:
|
Section 203.006
|
Section 203.051
|
Section 203.053
|
|
Section 203.054
|
Section 203.057
|
Section 203.058
|
|
Section 203.060
|
Subchapter C, Chapter 203
|
Section 203.151(b)
|
|
Section 203.1515
|
Section 203.152(a)
|
Sections 203.155(a) and (c)
|
|
Section 203.156
|
Section 203.158
|
Section 203.159
|
|
Section 203.160
|
Section 203.161
|
Subchapter E, Chapter 203
|
|
Section 203.255(b)
|
Section 203.2556
|
Section 203.302
|
|
Section 203.303
|
Section 203.405
|
Subchapter J, Chapter 203
|
|
Section 203.502(c)
|
Section 203.505(a)
|
Section 401.002
|
|
Section 401.101
|
Section 401.103
|
Section 401.104
|
|
Section 401.106
|
Section 401.109
|
Section 401.110
|
|
Subchapter D, Chapter 401
|
Section 401.201(b)
|
Sections 401.203(a) and (b)
|
|
Section 401.204
|
Section 401.205
|
Section 401.206
|
|
Section 401.207
|
Section 401.252
|
Sections 401.253(b), (c), (d), and (e)
|
|
Sections 401.2535(a), (b), (c), (d), (e), (f), and (g)
|
Section 401.254
|
Section 401.306
|
|
Section 401.307(c)
|
Section 401.313
|
Section 401.315
|
|
Sections 401.352(b) and (c)
|
Section 401.353
|
|
|
Section 401.354
|
Section 401.405
|
Section 401.451(b)
|
|
Section 401.452
|
Section 401.4531
|
Section 401.454
|
|
Section 401.455
|
Section 401.456
|
Section 401.457
|
|
Section 401.458
|
Section 401.459
|
Section 401.460
|
|
Section 401.502
|
Section 401.5022
|
Section 401.551
|
|
Section 401.553
|
Section 401.554
|
Section 401.555
|
|
Section 401.556
|
Section 401.557
|
Section 401.558
|
|
Section 401.559
|
Section 401.560
|
Section 401.561
|
|
Section 402.002
|
Section 402.052
|
Section 402.053
|
|
Section 402.054
|
Section 402.056
|
Section 402.0581
|
|
Section 402.059
|
Section 402.060
|
Section 402.061
|
|
Section 402.102
|
Section 402.1022
|
Sections 402.103(a) and (b)
|
|
Section 402.105
|
Section 402.106
|
Section 402.151
|
|
Section 402.1511
|
Section 402.153
|
Sections 402.154(a), (b), (c), (d), (e), (f), and (g)
|
|
Section 402.205(d)
|
Section 402.206
|
Sections 402.209(b) and (g)
|
|
Section 402.257(b)
|
Sections 402.301(b), (c), (d), and (e)
|
Section 402.303(f)
|
|
Section 402.354
|
Section 402.452
|
Section 402.502
|
|
Section 402.503
|
Section 402.504
|
Section 402.505
|
|
Section 402.506
|
Sections 402.551(a) and (c)
|
Section 402.552
|
|
Section 402.5522
|
Section 402.553(b)
|
Section 451.051(a)
|
|
Section 451.0511
|
Section 451.0512
|
Section 451.0513
|
|
Section 451.052
|
Section 451.054
|
Section 451.057
|
|
Sections 451.101(b) and (c)
|
Section 451.1015
|
Section 451.1016
|
|
Section 451.102
|
Section 451.103
|
Section 451.1035
|
|
Section 451.104
|
Section 451.105
|
Section 451.106
|
|
Section 451.108
|
Section 451.109
|
Sections 451.110(a), (b), (c), (d), (e), (f), and (g)
|
|
Section 451.155
|
Section 451.201(b)
|
Section 451.202
|
|
Section 451.203
|
Section 451.204
|
Section 451.2512
|
|
Section 451.252
|
Section 451.253
|
Section 451.254
|
|
Section 451.255
|
Sections 451.351(a), (b), (e), (f), (g), (h), (i), (j),
(k), and (l)
|
Section 451.352
|
|
Section 605.003
|
Section 605.051
|
Section 605.053
|
|
Section 605.054
|
Section 605.057
|
Section 605.058
|
|
Section 605.059(a)
|
Section 605.060
|
Section 605.061
|
|
Subchapter C, Chapter 605
|
Section 605.152
|
Section 605.153
|
|
Section 605.154
|
Section 605.201
|
Section 605.202
|
|
Sections 605.2021(a), (b), (c), (d), (e), (f), and (g)
|
Section 605.203
|
Section 605.253
|
|
Section 605.254(b)
|
Section 605.255(c)
|
Section 605.259(b)
|
|
Section 605.3535
|
Section 605.355
|
Section 605.401
|
|
Section 605.403
|
Section 605.404
|
Section 605.405
|
|
Section 605.406
|
Section 605.407
|
Section 605.408
|
|
Section 605.409
|
Section 605.410
|
Section 605.411
|
|
Section 701.003
|
Section 701.052
|
Section 701.053
|
|
Section 701.055
|
Section 701.056
|
Section 701.059
|
|
Subchapter C, Chapter 701
|
Section 701.152
|
Section 701.153
|
|
Section 701.1535
|
Section 701.156
|
Section 701.157
|
|
Section 701.159
|
Section 701.160
|
Section 701.161
|
|
Section 701.201
|
Section 701.202
|
Section 701.203
|
|
Section 701.204
|
Sections 701.2041(a), (b), (c), (d), (e), (f), and (g)
|
Section 701.205
|
|
Section 701.206
|
Section 701.256
|
Section 701.261
|
|
Sections 701.301(b), (c), (d), (e), and (f)
|
Section 701.302
|
Section 701.402
|
|
Section 701.404
|
Section 701.405
|
Section 701.406
|
|
Section 701.407
|
Section 701.408
|
Section 701.452
|
|
Section 701.453
|
Section 701.501
|
Section 701.502(c)
|
|
Section 701.503
|
Section 701.504
|
Section 701.505
|
|
Section 701.506
|
Section 701.507
|
Section 701.508
|
|
Section 701.509
|
Section 701.510
|
Section 701.511
|
Article 8. Part 2.
The following provisions of the Health and Safety Code are
repealed:
|
Section 401.509
|
Section 401.511
|
Sections 401.512(b) and (c)
|
|
Sections 401.522(b) and (c)
|
|
The following provisions of the Occupations Code, including
provisions amended by S.B. 219, Acts of the 84th Legislature, Regular
Session, 2015, are repealed:
|
Section 455.051
|
Section 455.056
|
Section 455.057
|
|
Section 455.058
|
Section 455.1565
|
Section 455.1571
|
|
Sections 455.160(b), (c), (d), (e), (f), and (g)
|
Section 455.161
|
Section 455.252
|
|
Section 455.253
|
Section 455.254
|
Section 455.301
|
|
Section 455.303
|
Section 455.304
|
Section 455.305
|
|
Section 455.306
|
Section 455.307
|
Section 455.308
|
|
Section 455.309
|
Section 455.310
|
Section 455.311
|
|
Section 1952.052
|
Section 1952.054
|
Section 1952.105(b)
|
|
Section 1952.152
|
Section 1952.251
|
Section 1952.253
|
|
Section 1952.254
|
Section 1952.255
|
Section 1952.256
|
|
Section 1952.257
|
Section 1952.258
|
Section 1952.259
|
|
Section 1952.260
|
Section 1952.261
|
Section 1953.0511
|
|
Section 1953.052
|
Section 1953.054
|
Section 1953.055
|
|
Section 1953.103
|
Section 1953.106(b)
|
Section 1953.152
|
|
Section 1953.202
|
Section 1953.301
|
Section 1953.303
|
|
Section 1953.304
|
Section 1953.305
|
Section 1953.306
|
|
Section 1953.307
|
Section 1953.308
|
Section 1953.309
|
|
Section 1953.310
|
Section 1953.311
|
Section 1958.053
|
|
Section 1958.055(a)
|
Section 1958.057
|
Section 1958.107
|
|
Section 1958.251
|
Section 1958.254
|
Section 1958.255
|
|
Section 1958.256
|
Section 1958.257
|
Section 1958.258
|
|
Section 1958.302
|
|
Article 9
The following provisions of the Occupations Code are
repealed:
|
Sections 601.002(2) and (5)
|
Section 601.051
|
Section 601.053
|
|
Section 601.103
|
Section 602.002 (1-a) (2)
|
Sections 602.052(b) and (c)
|
|
Sections 602.053(a), (b), and (c)
|
Section 602.056(c)
|
Section 602.059
|
|
Subchapter C, Chapter 602
|
Sections 602.1525(b), (c), (d), (e), (f), and (g)
|
Section 602.155
|
|
Section 602.204
|
Sections 603.002(1) and (4)
|
Section 603.005
|
|
Section 603.054(c)
|
Section 603.058
|
Subchapter C, Chapter 603
|
|
Section 603.154(b)
|
Section 603.158
|
Section 603.159
|
|
Sections 603.2041(b), (c), (d), (f), and (g)
|
Section 604.051
|
Sections 604.052(b) and (c)
|
|
Section 604.056
|
|
|
|
|
|
Article 10
The following provisions of the Government Code are
repealed:
|
Section 2165.301(2)
|
Section 2165.302
|
Section 2165.304
|
The following provisions of the Health and Safety Code are
repealed:
|
Section 144.001
|
Subchapter B, Chapter 144
|
Sections 144.023(d) and (e)
|
|
Section 144.031
|
Subchapter D, Chapter 144
|
Subchapter E, Chapter 144
|
|
Subchapter F, Chapter 144
|
Section 144.071
|
Section 144.072
|
|
Section 144.073
|
Section 144.074
|
Section 144.075
|
|
Section 144.076
|
Section 144.077
|
Section 144.078(c)
|
|
Section 144.080
|
Section 144.081
|
Section 144.082
|
|
Section 144.083
|
Section 144.084
|
Section 144.085
|
|
Section 145.001
|
Section 145.002(1)
|
Section 145.004(b)
|
|
Section 145.006(c)
|
Section 145.008(k)
|
Section 145.009
|
|
Section 145.0095
|
Section 145.010
|
Sections 145.011(a) and (b)
|
|
Section 145.012
|
Section 145.0122
|
Section 145.015
|
|
Chapter 345
|
Chapter 385
|
Section 437.0057(b)
|
|
Section 438.0431
|
Chapter 441
|
Chapter 781
|
The following provisions of the Occupations Code are
repealed:
|
Section 351.005(c)
|
Chapter 352
|
Sections
353.002(2) and (4)
|
|
Section
353.005
|
Subchapter
B, Chapter 353
|
Section
353.202
|
|
Section
353.2025
|
Section
353.203
|
Section
353.204(b)
|
|
Section
353.205
|
Chapter 403
|
|
|
|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
ARTICLE 1. STATE MENTAL
HEALTH HOSPITAL SYSTEM
|
Same as introduced version.
|
|
ARTICLE 2. COMMUNITY MENTAL
HEALTH PROGRAMS
|
Same as introduced version,
except as follows:
|
|
SECTION 2.001.
|
SECTION 2.001. Substantially
the same as introduced version.
|
|
SECTION 2.002.
|
SECTION 2.002. Same as
introduced version.
|
|
SECTIONS 2.003 and 2.004.
|
SECTIONS 2.003 and 2.004.
Substantially the same as introduced version.
|
|
SECTION 2.005.
|
SECTION 2.005. Same as
introduced version.
|
|
SECTION 2.006. The following
provisions are repealed:
(1) Section 7.030, Education
Code;
(2) Section 461.017, Health
and Safety Code; and
(3) Section 533.0351, Health
and Safety Code.
|
SECTION 2.006. The following
provisions, including provisions amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, are repealed:
(1) Section 7.030, Education
Code;
(2) Subchapter F, Chapter
461A, Health and Safety Code; and
(3) Section 533.0351, Health
and Safety Code.
|
|
SECTIONS 2.007 and 2.008.
|
SECTIONS 2.007 and 2.008. Same
as introduced version.
|
|
ARTICLE 3. EMERGENCY MEDICAL
SERVICES REGULATION
|
Same as introduced version.
|
|
ARTICLE 4. PUBLIC HEALTH
SYSTEM
|
Same as introduced version.
|
|
ARTICLE 5. VITAL STATISTICS
|
Same as introduced version,
except as follows:
|
|
SECTIONS 5.001 - 5.003.
|
SECTIONS 5.001 - 5.003. Same
as introduced version.
|
|
SECTION 5.004.
|
SECTION 5.004. Substantially
the same as introduced version.
|
|
SECTIONS 5.005 and 5.006.
|
SECTIONS 5.005 and 5.006.Same
as introduced version.
|
|
ARTICLE 6. TEXAS HEALTH CARE
INFORMATION COLLECTION PROGRAM
|
Same as introduced version,
except as follows:
|
|
SECTION 6.001.
|
SECTION 6.001. Substantially
the same as introduced version.
|
|
SECTIONS 6.002 and 6.003.
|
SECTIONS 6.002 and 6.003. Same
as introduced version.
|
|
ARTICLE 7. ABOLITION OF
CERTAIN ADVISORY COMMITTEES, PANELS, AND BOARDS
|
Substantially the same as
introduced version.
|
|
ARTICLE 8. REGULATORY
PROGRAMS TRANSFERRED TO THE TEXAS DEPARTMENT OF LICENSING AND REGULATION
|
Same as introduced version,
except as follows:
|
|
PART 1. TRANSFERS DURING
BIENNIUM ENDING AUGUST 31, 2017
|
Same as introduced version.
|
|
SECTIONS 8.001 - 8.035.
|
SECTIONS 8.001 - 8.035. Same
as introduced version.
|
|
SECTION 8.036.
|
SECTION 8.036. Substantially
the same as introduced version.
|
|
SECTIONS 8.037 - 8.071.
|
SECTIONS 8.037 - 8.071. Same
as introduced version.
|
|
No
equivalent provision.
|
SECTION 8.072. Section
401.351, Occupations Code, as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
Sec. 401.351. LICENSE
TERM [EXPIRATION]. [(a)] A license issued under this
chapter is valid for two years. [The board by rule may adopt a system
under which licenses expire on various dates during the year.
[(b) For the year in
which the license expiration date is changed, license fees payable on the
original expiration date shall be prorated on a monthly basis so that each
license holder pays only the portion of the license fee that is allocable
to the number of months during which the license is valid. On renewal of
the license on the new expiration date, the total license renewal fee is
payable.]
|
|
SECTION 8.072.
|
SECTION 8.073. Substantially
the same as introduced version.
|
|
SECTIONS 8.073 - 8.079.
|
SECTIONS 8.074 8.080. Same as
introduced version.
|
|
SECTION 8.080. Section
402.001, Occupations Code, is amended by amending Subdivisions (1), (2),
(3), and (6) and adding Subdivision (3-a) to read as follows:
|
SECTION 8.081. Substantially
the same as introduced version.
|
|
SECTION 8.081.
|
SECTION 8.082. Same as
introduced version.
|
|
SECTION 8.082.
|
SECTION 8.083. Substantially
the same as introduced version.
|
|
SECTION 8.083 - 8.095.
|
SECTIONS 8.084 - 8.096. Same
as introduced version.
|
|
SECTION 8.096.
|
SECTION 8.097. Substantially
the same as introduced version.
|
|
SECTION 8.097.
|
SECTION 8.098. Same as
introduced version.
|
|
SECTION 8.098 - 8.121.
|
SECTION 8.099 - 8.122. Same
as introduced version.
|
|
SECTION 8.122. Section
402.453(a), Occupations Code, is amended to read as follows:
(a) A license holder may not
treat the ear in any manner for any defect or administer any drug or
physical treatment unless the license holder is a physician licensed to
practice by the Texas Medical [State] Board [of Medical
Examiners].
|
No
equivalent provision.
|
|
SECTION 8.123.
|
SECTION 8.123. Substantially
the same as introduced version.
|
|
SECTIONS 8.124 - 8.127.
|
SECTIONS 8.124 - 8.127. Same
as introduced version.
|
|
SECTION 8.128.
|
SECTION 8.128. Substantially
the same as introduced version.
|
|
SECTION 8.129. Section
451.002, Occupations Code, is amended to read as follows:
Sec. 451.002.
INTERPRETATION; PRACTICE OF MEDICINE. This chapter does not authorize the
practice of medicine by a person not licensed by the Texas [State Board
of] Medical Board [Examiners].
|
No
equivalent provision.
|
|
SECTION 8.130.
|
SECTION 8.129. Substantially
the same as introduced version.
|
|
SECTIONS 8.131 - 8.144.
|
SECTIONS 8.130 - 8.143. Same
as introduced version.
|
|
SECTION 8.145. Section
451.201(a), Occupations Code, is amended to read as follows:
(a) A license issued under
Section 451.156 expires on the first anniversary of the date of issuance and
may be renewed annually.
|
SECTION 8.144. Section
451.201(a), Occupations Code, as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
(a) A license issued under
Section 451.156 expires on the second anniversary of the date of issuance and
may be renewed biennially.
|
|
SECTIONS 8.146 - 8.182.
|
SECTIONS 8.145 - 8.181. Same
as introduced version.
|
|
SECTION 8.183.
|
SECTION 8.182. Substantially
the same as introduced version.
|
|
SECTIONS 8.184 - 8.204.
|
SECTIONS 8.183 - 8.203. Same
as introduced version.
|
|
SECTION 8.205. The following
provisions of the Occupations Code are repealed:
(1) Section
203.006;
(2) Section
203.051;
(3) Section
203.053;
(4) Section
203.054;
(5) Section
203.057;
(6) Section
203.058;
(7) Section
203.060;
(8) Subchapter
C, Chapter 203;
(9) Section
203.151(b);
(10) Section
203.1515;
(11) Section
203.152(a);
(12) Sections
203.155(a) and (c);
(13) Section
203.156;
(14) Section
203.158;
(15) Section
203.159;
(16) Section
203.160;
(17) Section
203.161;
(18)
Subchapter E, Chapter 203;
(19) Section
203.255(b);
(20) Section
203.2556;
(21) Section
203.302;
(22) Section
203.303;
(23) Section
203.405;
(24)
Subchapter J, Chapter 203;
(25) Section
203.502(c);
(26) Section
203.505(a);
(27) Section
401.002;
(28) Section
401.101;
(29) Section
401.103;
(30) Section
401.104;
(31) Section
401.106;
(32) Section
401.109;
(33) Section
401.110;
(34) Subchapter
D, Chapter 401;
(35) Section 401.201(b);
(36) Sections 401.203(a) and
(b);
(37) Section
401.204;
(38) Section
401.205;
(39) Section
401.206;
(40) Section
401.207;
(41) Section
401.252;
(42) Sections 401.253(b),
(c), (d), and (e);
(43) Sections 401.2535(a),
(b), (c), (d), (e), (f), and (g);
(44) Section
401.254;
(45) Section
401.306;
(46) Section
401.307(c);
(47) Section
401.313;
(48) Section
401.315;
(49) Section 401.351;
(50) Sections
401.352(b) and (c);
(51) Section
401.353;
(52) Section
401.354;
(53) Section
401.405;
(54) Section
401.451(b);
(55) Section
401.452;
(56) Section
401.4531;
(57) Section
401.454;
(58) Section
401.455;
(59) Section
401.456;
(60) Section
401.457;
(61) Section
401.458;
(62) Section
401.459;
(63) Section
401.460;
(64) Section
401.502;
(65) Section
401.5022;
(66) Section
401.551;
(67) Section
401.553;
(68) Section
401.554;
(69) Section
401.555;
(70) Section
401.556;
(71) Section
401.557;
(72) Section
401.558;
(73) Section
401.559;
(74) Section
401.560;
(75) Section
401.561;
(76) Section
402.002;
(77) Section
402.052;
(78) Section
402.053;
(79) Section
402.054;
(80) Section
402.056;
(81) Section
402.0581;
(82) Section
402.059;
(83) Section
402.060;
(84) Section
402.061;
(85) Section
402.102;
(86) Section
402.1022;
(87) Sections
402.103(a) and (b);
(88) Section
402.105;
(89) Section
402.106;
(90) Section
402.151;
(91) Section
402.1511;
(92) Section
402.153;
(93) Sections
402.154(a), (b), (c), (d), (e), (f), and (g);
(94) Section 402.205(d);
(95) Section 402.206;
(96) Sections 402.209(b) and
(g);
(97) Section 402.257(b);
(98) Sections 402.301(b),
(c), (d), and (e);
(99) Section
402.303(f);
(100) Section
402.354;
(101) Section
402.452;
(102) Section
402.502;
(103) Section
402.503;
(104) Section
402.504;
(105) Section
402.505;
(106) Section 402.506;
(107) Sections 402.551(a)
and (c);
(108) Section 402.552;
(109) Section 402.5522;
(110) Section 402.553(b);
(111) Section 451.051(a);
(112) Section 451.0511;
(113) Section 451.0512;
(114) Section 451.0513;
(115) Section 451.052;
(116) Section 451.054;
(117) Section 451.057;
(118) Sections 451.101(b)
and (c);
(119) Section 451.1015;
(120) Section 451.1016;
(121) Section 451.102;
(122) Section 451.103;
(123) Section
451.1035;
(124) Section
451.104;
(125) Section
451.105;
(126) Section
451.106;
(127) Section
451.108;
(128) Section 451.109;
(129) Sections 451.110(a),
(b), (c), (d), (e), (f), and (g);
(130) Section
451.155;
(131) Section
451.201(b);
(132) Section
451.202;
(133) Section
451.203;
(134) Section
451.204;
(135) Section
451.2512;
(136) Section
451.252;
(137) Section
451.253;
(138) Section
451.254;
(139) Section
451.255;
(140) Sections 451.351(a),
(b), (e), (f), (g), (h), (i), (j), (k), and (l);
(141) Section
451.352;
(142) Section
605.003;
(143) Section
605.051;
(144) Section
605.053;
(145) Section
605.054;
(146) Section
605.057;
(147) Section
605.058;
(148) Section
605.059(a);
(149) Section
605.060;
(150) Section
605.061;
(151)
Subchapter C, Chapter 605;
(152) Section
605.152;
(153) Section
605.153;
(154) Section
605.154;
(155) Section
605.201;
(156) Section
605.202;
(157) Sections 605.2021(a),
(b), (c), (d), (e), (f), and (g);
(158) Section
605.203;
(159) Section
605.253;
(160) Section
605.254(b);
(161) Section
605.255(c);
(162) Section
605.259(b);
(163) Section
605.3535;
(164) Section
605.355;
(165) Section
605.401;
(166) Section
605.403;
(167) Section
605.404;
(168) Section
605.405;
(169) Section
605.406;
(170) Section
605.407;
(171) Section
605.408;
(172) Section
605.409;
(173) Section
605.410;
(174) Section
605.411;
(175) Section
701.003;
(176) Section
701.052;
(177) Section
701.053;
(178) Section
701.055;
(179) Section
701.056;
(180) Section
701.059;
(181)
Subchapter C, Chapter 701;
(182) Section
701.152;
(183) Section
701.153;
(184) Section
701.1535;
(185) Section
701.156;
(186) Section
701.157;
(187) Section
701.159;
(188) Section
701.160;
(189) Section
701.161;
(190) Section
701.201;
(191) Section
701.202;
(192) Section 701.203;
(193) Section 701.204;
(194) Sections 701.2041(a),
(b), (c), (d), (e), (f), and (g);
(195) Section 701.205;
(196) Section 701.206;
(197) Section 701.256;
(198) Section 701.261;
(199) Sections 701.301(b),
(c), (d), (e), and (f);
(200) Section 701.302;
(201) Section 701.402;
(202) Section 701.404;
(203) Section 701.405;
(204) Section 701.406;
(205) Section 701.407;
(206) Section 701.408;
(207) Section 701.452;
(208) Section 701.453;
(209) Section
701.501;
(210) Section
701.502(c);
(211) Section
701.503;
(212) Section
701.504;
(213) Section
701.505;
(214) Section
701.506;
(215) Section
701.507;
(216) Section
701.508;
(217) Section
701.509;
(218) Section 701.510; and
(219) Section 701.511.
|
SECTION 8.204. The following
provisions of the Occupations Code, including provisions amended by S.B.
219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:
(1) Section
203.006;
(2) Section
203.051;
(3) Section
203.053;
(4) Section
203.054;
(5) Section
203.057;
(6) Section
203.058;
(7) Section
203.060;
(8) Subchapter
C, Chapter 203;
(9) Section
203.151(b);
(10) Section
203.1515;
(11) Section
203.152(a);
(12) Sections
203.155(a) and (c);
(13) Section
203.156;
(14) Section
203.158;
(15) Section
203.159;
(16) Section
203.160;
(17) Section
203.161;
(18)
Subchapter E, Chapter 203;
(19) Section
203.255(b);
(20) Section
203.2556;
(21) Section
203.302;
(22) Section
203.303;
(23) Section
203.405;
(24)
Subchapter J, Chapter 203;
(25) Section
203.502(c);
(26) Section
203.505(a);
(27) Section
401.002;
(28) Section
401.101;
(29) Section
401.103;
(30) Section
401.104;
(31) Section
401.106;
(32) Section
401.109;
(33) Section
401.110;
(34)
Subchapter D, Chapter 401;
(35) Section 401.201(b);
(36) Sections 401.203(a) and
(b);
(37) Section
401.204;
(38) Section
401.205;
(39) Section
401.206;
(40) Section
401.207;
(41) Section
401.252;
(42) Sections 401.253(b),
(c), (d), and (e);
(43) Sections 401.2535(a),
(b), (c), (d), (e), (f), and (g);
(44) Section
401.254;
(45) Section
401.306;
(46) Section
401.307(c);
(47) Section
401.313;
(48) Section 401.315;
(49) Sections 401.352(b) and
(c);
(50) Section
401.353;
(51) Section
401.354;
(52) Section
401.405;
(53) Section
401.451(b);
(54) Section
401.452;
(55) Section
401.4531;
(56) Section
401.454;
(57) Section
401.455;
(58) Section
401.456;
(59) Section
401.457;
(60) Section
401.458;
(61) Section
401.459;
(62) Section
401.460;
(63) Section
401.502;
(64) Section
401.5022;
(65) Section
401.551;
(66) Section
401.553;
(67) Section
401.554;
(68) Section
401.555;
(69) Section
401.556;
(70) Section
401.557;
(71) Section
401.558;
(72) Section
401.559;
(73) Section
401.560;
(74) Section
401.561;
(75) Section
402.002;
(76) Section
402.052;
(77) Section
402.053;
(78) Section
402.054;
(79) Section
402.056;
(80) Section
402.0581;
(81) Section
402.059;
(82) Section
402.060;
(83) Section
402.061;
(84) Section
402.102;
(85) Section
402.1022;
(86) Sections
402.103(a) and (b);
(87) Section
402.105;
(88) Section
402.106;
(89) Section
402.151;
(90) Section
402.1511;
(91) Section
402.153;
(92) Sections
402.154(a), (b), (c), (d), (e), (f), and (g);
(93) Section 402.205(d);
(94) Section 402.206;
(95) Sections 402.209(b) and
(g);
(96) Section 402.257(b);
(97) Sections 402.301(b),
(c), (d), and (e);
(98) Section
402.303(f);
(99) Section
402.354;
(100) Section
402.452;
(101) Section
402.502;
(102) Section
402.503;
(103) Section
402.504;
(104) Section
402.505;
(105) Section 402.506;
(106) Sections 402.551(a)
and (c);
(107) Section 402.552;
(108) Section 402.5522;
(109) Section 402.553(b);
(110) Section 451.051(a);
(111) Section 451.0511;
(112) Section 451.0512;
(113) Section 451.0513;
(114) Section 451.052;
(115) Section 451.054;
(116) Section 451.057;
(117) Sections 451.101(b)
and (c);
(118) Section 451.1015;
(119) Section 451.1016;
(120) Section 451.102;
(121) Section 451.103;
(122) Section
451.1035;
(123) Section
451.104;
(124) Section
451.105;
(125) Section
451.106;
(126) Section
451.108;
(127) Section 451.109;
(128) Sections 451.110(a),
(b), (c), (d), (e), (f), and (g);
(129) Section
451.155;
(130) Section
451.201(b);
(131) Section
451.202;
(132) Section
451.203;
(133) Section
451.204;
(134) Section
451.2512;
(135) Section
451.252;
(136) Section
451.253;
(137) Section
451.254;
(138) Section
451.255;
(139) Sections 451.351(a),
(b), (e), (f), (g), (h), (i), (j), (k), and (l);
(140) Section
451.352;
(141) Section
605.003;
(142) Section
605.051;
(143) Section
605.053;
(144) Section
605.054;
(145) Section
605.057;
(146) Section
605.058;
(147) Section
605.059(a);
(148) Section
605.060;
(149) Section
605.061;
(150)
Subchapter C, Chapter 605;
(151) Section
605.152;
(152) Section
605.153;
(153) Section
605.154;
(154) Section
605.201;
(155) Section
605.202;
(156) Sections 605.2021(a),
(b), (c), (d), (e), (f), and (g);
(157) Section
605.203;
(158) Section
605.253;
(159) Section
605.254(b);
(160) Section
605.255(c);
(161) Section
605.259(b);
(162) Section
605.3535;
(163) Section
605.355;
(164) Section
605.401;
(165) Section
605.403;
(166) Section
605.404;
(167) Section
605.405;
(168) Section
605.406;
(169) Section
605.407;
(170) Section
605.408;
(171) Section
605.409;
(172) Section
605.410;
(173) Section
605.411;
(174) Section
701.003;
(175) Section
701.052;
(176) Section
701.053;
(177) Section
701.055;
(178) Section
701.056;
(179) Section
701.059;
(180) Subchapter
C, Chapter 701;
(181) Section
701.152;
(182) Section
701.153;
(183) Section
701.1535;
(184) Section
701.156;
(185) Section
701.157;
(186) Section
701.159;
(187) Section
701.160;
(188) Section
701.161;
(189) Section
701.201;
(190) Section
701.202;
(191) Section 701.203;
(192) Section 701.204;
(193) Sections 701.2041(a),
(b), (c), (d), (e), (f), and (g);
(194) Section 701.205;
(195) Section 701.206;
(196) Section 701.256;
(197) Section 701.261;
(198) Sections 701.301(b),
(c), (d), (e), and (f);
(199) Section 701.302;
(200) Section 701.402;
(201) Section 701.404;
(202) Section 701.405;
(203) Section 701.406;
(204) Section 701.407;
(205) Section 701.408;
(206) Section 701.452;
(207) Section 701.453;
(208) Section
701.501;
(209) Section
701.502(c);
(210) Section
701.503;
(211) Section
701.504;
(212) Section
701.505;
(213) Section
701.506;
(214) Section
701.507;
(215) Section
701.508;
(216) Section
701.509;
(217) Section 701.510; and
(218) Section 701.511.
|
|
PART 2. TRANSFERS DURING
BIENNIUM ENDING AUGUST 31, 2019
|
Same as introduced version.
|
|
SECTIONS 8.206 and 8.207.
|
SECTIONS 8.205 and 8.206.
Same as introduced version.
|
|
SECTION 8.208.
|
SECTION 8.207. Substantially
the same as introduced version.
|
|
SECTIONS 8.209 - 8.226.
|
SECTIONS 8.208 - 8.225. Same
as introduced version.
|
|
SECTION 8.227.
|
SECTION 8.226. Substantially
the same as introduced version.
|
|
SECTIONS 8.228 and 8.229.
|
SECTIONS 8.227 and 8.228.
Substantially the same as introduced version.
|
|
SECTION 8.230. Section
455.1572(e), Occupations Code, is amended to read as follows:
(e) The commission by
rule [department] may establish a fee for a provisional license in
an amount reasonable and necessary to cover the cost of issuing the license.
|
SECTION 8.229. Sections
455.1572(c) and (e), Occupations Code, as amended by S.B. 219, Acts of the
84th Legislature, Regular Session, 2015, are amended to read as follows:
(c)
A provisional license is valid until the date the department approves or
denies the provisional license holder's application for licensing. The
department shall issue a license under this chapter to the provisionally
licensed person if the person:
(1)
is eligible for a license under Section 51.404 [455.1571]; or
(2)
passes the part of the examination under Section 455.101 that relates to
the applicant's knowledge and understanding of the laws and rules relating
to the practice of massage therapy in this state and:
(A)
the department verifies that the person meets the academic and experience
requirements for licensing under this chapter; and
(B)
the person satisfies any other licensing requirements under this chapter.
(e) The commission [executive
commissioner] by rule may establish a fee for a provisional license.
|
|
SECTIONS 8.231 - 8.234
|
SECTIONS 8.230 - 8.233. Substantially
the same as introduced version.
|
|
SECTIONS 8.235 and 8.236.
|
SECTIONS 8.234 and 8.235.
Same as introduced version.
|
|
SECTIONS 8.237 - 8.240.
|
SECTIONS 8.236 - 8.239.
Substantially the same as introduced version.
|
|
SECTION 8.241.
|
SECTION 8.240. Same as
introduced version.
|
|
SECTION 8.242.
|
SECTION 8.241. Substantially
the same as introduced version.
|
|
SECTIONS 8.243 and 8.244.
|
SECTIONS 8.242 and 8.243.
Same as introduced version.
|
|
SECTIONS 8.245 and 8.246.
|
SECTIONS 8.244 and 8.245.
Substantially the same as introduced version.
|
|
SECTIONS 8.247 and 8.248.
|
SECTION 8.246 and 8.247. Same
as introduced version.
|
|
SECTION 8.249.
|
SECTION 8.248. Substantially
the same as introduced version.
|
|
SECTION 8.250. Section
1953.003, Occupations Code, is amended to read as follows:
Sec. 1953.003. EXEMPTIONS.
This chapter does not apply to a person, including a physician, dentist,
engineer, or veterinarian, who is licensed by an agency of this state other
than the department [board] and who, by nature of the
person's employment or duties, might be construed as being subject to this
chapter.
|
No
equivalent provision.
|
|
SECTIONS 8.251 - 8.253.
|
SECTION 8.249 - 8.251.
Substantially the same as introduced version.
|
|
SECTION 8.254. Section
1953.053, Occupations Code, is amended to read as follows:
Sec. 1953.053. REGISTER OF
APPLICATIONS. (a) The department [board] shall keep a
register of each application for a certificate of registration under this
chapter.
(b) The register must
include:
(1) the name, age, and place
of residence of the applicant;
(2) the name and address of
the employer or business connection of the applicant;
(3) the date of the
application;
(4) complete information
regarding the applicant's education and experience qualifications;
(5) the date the department
[board] reviewed and acted on the application;
(6) a description of the department's
[board's] action on the application;
(7) the serial number of any
certificate of registration issued to the applicant; and
(8) any other information
the department [board] determines necessary.
|
No
equivalent provision.
|
|
SECTION 8.255.
|
SECTION 8.252. Substantially
the same as introduced version.
|
|
SECTIONS 8.256 and 8.257.
|
SECTIONS 8.253 and 8.254. Substantially
the same as introduced version.
|
|
SECTION 8.258.
|
SECTION 8.255. Same as
introduced version.
|
|
SECTION 8.259.
|
SECTION 8.256. Substantially
the same as introduced version.
|
|
SECTION 8.260.
|
SECTION 8.257. Substantially
the same as introduced version.
|
|
SECTION 8.261.
|
SECTION 8.258. Substantially
the same as introduced version.
|
|
SECTION 8.262.
|
SECTION 8.259. Same as
introduced version.
|
|
SECTION 8.263.
|
SECTION 8.260. Substantially
the same as introduced version.
|
|
SECTION 8.264.
|
SECTION 8.261. Same as
introduced version.
|
|
SECTION 8.265.
|
SECTION 8.262. Substantially
the same as introduced version.
|
|
SECTION 8.266. Section
1958.055(b), Occupations Code, is amended to read as follows:
(b) A fee set by the
commission for purposes of this chapter [under this section] may
not exceed:
(1) $400 for a license
issued to an individual;
(2) $750 for a license
issued to a person who is not an individual; and
(3) $60 for a registration
issued to an employee of a license holder.
|
No
equivalent provision.
|
|
SECTIONS 8.267 - 8.279.
|
SECTIONS 8.263 - 8.275. Substantially
the same as introduced version.
|
|
SECTION 8.280. Section
1958.301(b), Occupations Code, is amended to read as follows:
(b) The department [commissioner]
may request the attorney general or the district, county, or city attorney
having jurisdiction to bring an action to collect a civil penalty under
this section.
|
No
equivalent provision.
|
|
SECTION 8.281. Section
521.374(a), Transportation Code, is amended to read as follows:
(a) A person whose license
is suspended under Section 521.372 may attend an educational program,
approved by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse]
under rules adopted by the Department of
State Health Services [commission] and the department,
that is designed to educate persons on the dangers of drug abuse.
|
SECTION 8.276. Section
521.374(a), Transportation Code, is amended to read as follows:
(a) A person whose license
is suspended under Section 521.372 may attend an educational program,
approved by the Texas Department of
Licensing and Regulation [Commission on Alcohol and Drug
Abuse] under rules adopted by the Texas
Commission of Licensing and Regulation [commission] and
the department, that is designed to educate persons on the dangers of drug
abuse.
|
|
SECTION 8.282 - 8.284.
|
SECTION 8.277 - 8.279. Same
as introduced version.
|
|
SECTION 8.285. The following
provisions of the Occupations Code are repealed:
(1) Section
455.051;
(2) Section
455.056;
(3) Section
455.057;
(4) Section
455.1565;
(5) Section
455.1571;
(6) Sections 455.160(b),
(c), (d), (e), (f), and (g);
(7) Section
455.161;
(8) Section
455.252;
(9) Section
455.253;
(10) Section
455.254;
(11) Section
455.301;
(12) Section 455.303;
(13) Section
455.304;
(14) Section
455.305;
(15) Section
455.306;
(16) Section
455.307;
(17) Section
455.308;
(18) Section
455.309;
(19) Section
455.310;
(20) Section
455.311;
(21) Section 1952.001(1);
(22) Section
1952.052;
(23) Section
1952.054;
(24) Section
1952.105(b);
(25) Section
1952.152;
(26) Section
1952.251;
(27) Section
1952.253;
(28) Section
1952.254;
(29) Section
1952.255;
(30) Section
1952.256;
(31) Section
1952.257;
(32) Section
1952.258;
(33) Section
1952.259;
(34) Section
1952.260;
(35) Section
1952.261;
(36) Section
1953.052;
(37) Section
1953.054;
(38) Section
1953.055;
(39) Section
1953.103;
(40) Section
1953.106(b);
(41) Section
1953.152;
(42) Section
1953.202;
(43) Section
1953.301;
(44) Section
1953.303;
(45) Section
1953.304;
(46) Section
1953.305;
(47) Section
1953.306;
(48) Section
1953.307;
(49) Section
1953.308;
(50) Section
1953.309;
(51) Section
1953.310;
(52) Section
1953.311;
(53) Section 1958.001(1);
(54) Section
1958.053;
(55) Section
1958.055(a);
(56) Section
1958.057;
(57) Section
1958.107;
(58) Section
1958.251;
(59) Section
1958.254;
(60) Section
1958.255;
(61) Section
1958.256;
(62) Section
1958.257;
(63) Section 1958.258; and
(64) Section 1958.302.
|
SECTION 8.280. The following
provisions of the Occupations Code, including provisions amended by S.B.
219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:
(1) Section
455.051;
(2) Section
455.056;
(3) Section
455.057;
(4) Section 455.058;
(5) Section
455.1565;
(6) Section 455.1571;
(7) Sections 455.160(b),
(c), (d), (e), (f), and (g);
(8) Section
455.161;
(9) Section
455.252;
(10) Section
455.253;
(11) Section
455.254;
(12) Section
455.301;
(13) Section
455.303;
(14) Section
455.304;
(15) Section
455.305;
(16) Section
455.306;
(17) Section
455.307;
(18) Section
455.308;
(19) Section
455.309;
(20) Section
455.310;
(21) Section
455.311;
(22) Section
1952.052;
(23) Section
1952.054;
(24) Section
1952.105(b);
(25) Section
1952.152;
(26) Section
1952.251;
(27) Section
1952.253;
(28) Section
1952.254;
(29) Section
1952.255;
(30) Section
1952.256;
(31) Section
1952.257;
(32) Section
1952.258;
(33) Section 1952.259;
(34) Section
1952.260;
(35) Section
1952.261;
(36) Section 1953.0511;
(37) Section
1953.052;
(38) Section
1953.054;
(39) Section
1953.055;
(40) Section
1953.103;
(41) Section
1953.106(b);
(42) Section
1953.152;
(43) Section
1953.202;
(44) Section
1953.301;
(45) Section
1953.303;
(46) Section
1953.304;
(47) Section
1953.305;
(48) Section
1953.306;
(49) Section
1953.307;
(50) Section
1953.308;
(51) Section
1953.309;
(52) Section
1953.310;
(53) Section
1953.311;
(54) Section
1958.053;
(55) Section
1958.055(a);
(56) Section
1958.057;
(57) Section
1958.107;
(58) Section
1958.251;
(59) Section 1958.254;
(60) Section 1958.255;
(61) Section 1958.256;
(62) Section 1958.257;
(63) Section 1958.258; and
(64) Section 1958.302.
|
|
PART 3. TRANSITION
PROVISIONS
|
Same as introduced version.
|
|
ARTICLE 9. REGULATORY
PROGRAMS TRANSFERRED TO THE TEXAS MEDICAL BOARD
|
Same as introduced version,
except as follows:
|
|
SECTION 9.001.
|
SECTION 9.001. Same as
introduced version.
|
|
SECTION 9.002. Section
601.002, Occupations Code, is amended by amending Subdivisions (1) and (5)
and adding Subdivisions (1-a), (5-a), and (5-b) to read as follows:
(1) "Advisory
board" means the Texas Board of Medical Radiologic Technology.
(1-a)
"Authorized person" means a person who meets or exceeds the
minimum educational standards of the advisory board under Section
601.201.
(5) "Education
program" means clinical training or any other program offered by an
organization approved by the advisory board that:
(A) has a specified
objective;
(B) includes planned
activities for participants; and
(C) uses an approved method
for measuring the progress of participants.
(5-a)
"Hospital" has the meaning assigned by Section 157.051.
(5-b) "Medical
board" means the Texas Medical Board.
|
SECTION 9.002. Section
601.002, Occupations Code, as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended by amending Subdivisions (1),
(3), and (4) and adding Subdivisions (1-a), (4-a), and (4-b) to read as
follows:
(1) "Advisory
board" means the Texas Board of Medical Radiologic Technology.
(1-a)
"Authorized person" means a person who meets or exceeds the
minimum educational standards of the advisory board [department]
under Section 601.201.
(3)
"Direct supervision" means supervision and control by a medical
radiologic technologist or a practitioner who:
(A)
assumes legal liability for a student employed to perform a radiologic
procedure and enrolled in a program that meets the requirements adopted
under Section 601.052 [601.053]; and
(B)
is physically present during the performance of the radiologic procedure to
provide consultation or direct the action of the student.
(4) "Education
program" means clinical training or any other program offered by an
organization approved by the advisory board [department]
that:
(A) has a specified
objective;
(B) includes planned
activities for participants; and
(C) uses an approved method
for measuring the progress of participants.
(4-a)
"Hospital" has the meaning assigned by Section 157.051.
(4-b) "Medical
board" means the Texas Medical Board.
|
|
SECTION 9.003.
|
SECTION 9.003. Same as
introduced version.
|
|
SECTIONS 9.004 - 9.014.
|
SECTION 9.004 - 9.014.
Substantially the same as introduced version.
|
|
SECTION 9.015.
|
SECTION 9.015. Same as
introduced version.
|
|
SECTION 9.016.
|
SECTION 9.016. Substantially
the same as introduced version.
|
|
SECTION 9.017.
|
SECTION 9.017. Same as
introduced version.
|
|
SECTIONS 9.018 - 9.022.
|
SECTIONS 9.018 - 9.022.
Substantially the same as introduced version.
|
|
SECTIONS 9.023 - 9.026.
|
SECTION 9.023 - 9.026. Same
as introduced version.
|
|
SECTION 9.027 - 9.029.
|
SECTION 9.027 - 9.029.
Substantially the same as introduced version.
|
|
SECTION 9.030.
|
SECTION 9.030. Same as
introduced version.
|
|
SECTION 9.031.
|
SECTION 9.031. Substantially
the same as introduced version.
|
|
SECTIONS 9.032 and 9.033.
|
SECTIONS 9.032 and 9.033.
Same as introduced version.
|
|
SECTIONS 9.034 - 9.036.
|
SECTIONS 9.034 - 9.036.
Substantially the same as introduced version.
|
|
SECTIONS 9.037 - 9.039.
|
SECTIONS 9.037 - 9.039. Same
as introduced version.
|
|
SECTIONS 9.040 and 9.041.
|
SECTIONS 9.040 and 9.041.
Substantially the same as introduced version.
|
|
SECTION 9.042.
|
SECTION 9.042. Same as
introduced version.
|
|
SECTION 9.043.
|
SECTION 9.043. Substantially
the same as introduced version.
|
|
SECTION 9.044.
|
SECTION 9.044. Same as
introduced version.
|
|
SECTIONS 9.045 - 9.055.
|
SECTIONS 9.045 - 9.055. Same
as introduced version.
|
|
SECTION 9.056.
|
SECTION 9.056. Substantially
the same as introduced version.
|
|
SECTIONS 9.057 - 9.059.
|
SECTIONS 9.057 - 9.059. Same
as introduced version.
|
|
SECTION 9.060.
|
SECTION 9.060. Substantially
the same as introduced version.
|
|
SECTIONS 9.061 and 9.062.
|
SECTIONS 9.061 and 9.062.
Same as introduced version.
|
|
SECTION 9.063.
|
SECTION 9.063. Substantially
the same as introduced version.
|
|
SECTION 9.064.
|
SECTION 9.064. Same as
introduced version.
|
|
SECTION 9.065.
|
SECTION 9.065. Substantially
the same as introduced version.
|
|
SECTIONS 9.066 - 9.070.
|
SECTIONS 9.066 - 9.070. Same
as introduced version.
|
|
SECTION 9.071.
|
SECTION 9.071. Substantially
the same as introduced version.
|
|
SECTIONS 9.072 - 9.074.
|
SECTIONS 9.072 - 9.074. Same
as introduced version.
|
|
SECTION 9.075.
|
SECTION 9.075. Substantially
the same as introduced version.
|
|
SECTIONS 9.076 - 9.087.
|
SECTIONS 9.076 - 9.087. Same
as introduced version.
|
|
SECTION 9.088.
|
SECTION 9.088. Substantially
the same as introduced version.
|
|
SECTIONS 9.089 - 9.095.
|
SECTIONS 9.089 - 9.095. Same
as introduced version.
|
|
SECTION 9.096.
|
SECTION 9.096. Substantially
the same as introduced version.
|
|
SECTION 9.097.
|
SECTION 9.097. Same as
introduced version.
|
|
SECTIONS 9.098 - 9.100.
|
SECTIONS 9.098 - 9.100.
Substantially the same as introduced version.
|
|
SECTIONS 9.101 - 9.103.
|
SECTIONS 9.101 - 9.103. Same
as introduced version.
|
|
SECTIONS 9.104 - 9.106.
|
SECTIONS 9.104 - 9.106.
Substantially the same as introduced version.
|
|
SECTION 9.107.
|
SECTION 9.107. Same as
introduced version.
|
|
SECTIONS 9.108 - 9.110.
|
SECTIONS 9.108 - 9.110.
Substantially the same as introduced version.
|
|
SECTIONS 9.111 - 9.113.
|
SECTIONS 9.111 - 9.113. Same
as introduced version.
|
|
SECTION 9.114.
|
SECTION 9.114. Substantially
the same as introduced version.
|
|
SECTIONS 9.115 - 9.117.
|
SECTIONS 9.115 - 9.117. Same
as introduced version.
|
|
SECTION 9.118.
|
SECTION 9.118. Substantially
the same as introduced version.
|
|
SECTIONS 9.119 - 9.121.
|
SECTIONS 9.119 - 9.121. Same
as introduced version.
|
|
SECTION 9.122.
|
SECTION 9.122. Substantially
the same as introduced version.
|
|
SECTIONS 9.123 - 9.126.
|
SECTIONS 9.123 - 9.126. Same
as introduced version.
|
|
SECTION 9.127.
|
SECTION 9.127. Substantially
the same as introduced version.
|
|
SECTIONS 9.128 - 9.134.
|
SECTIONS 9.128 - 9.134. Same
as introduced version.
|
|
SECTIONS 9.135 and 9.136.
|
SECTIONS 9.135 and 9.136. Substantially
the same as introduced version.
|
|
SECTION 9.137.
|
SECTION 9.137. Same as
introduced version.
|
|
SECTIONS 9.138 - 9.144.
|
SECTIONS 9.138 - 9.144.
Substantially the same as introduced version.
|
|
SECTIONS 9.145 and 9.146.
|
SECTIONS 9.145 and 9.146.
Same as introduced version.
|
|
SECTION 9.147.
|
SECTION 9.147. Substantially
the same as introduced version.
|
|
SECTION 9.148.
|
SECTION 9.148. Same as
introduced version.
|
|
SECTION 9.149.
|
SECTION 9.149. Substantially
the same as introduced version.
|
|
SECTION 9.150.
|
SECTION 9.150. Same as
introduced version.
|
|
SECTION 9.151.
|
SECTION 9.151. Substantially
the same as introduced version.
|
|
SECTION 9.152.
|
SECTION 9.152. Same as
introduced version.
|
|
SECTIONS 9.153 and 9.154.
|
SECTIONS 9.153 and 9.154.
Substantially the same as introduced version.
|
|
SECTION 9.155.
|
SECTION 9.155. Same as
introduced version.
|
|
SECTIONS 9.156 and 9.157.
|
SECTIONS 9.156 and 9.157. Substantially
the same as introduced version.
|
|
SECTIONS 9.158 and 9.159.
|
SECTIONS 9.158 and 9.159.
Same as introduced version.
|
|
SECTION 9.160.
|
SECTION 9.160. Substantially
the same as introduced version.
|
|
SECTION 9.161.
|
SECTION 9.161. Same as
introduced version.
|
|
SECTION 9.162. Section
604.105, Occupations Code, is amended to read as follows:
Sec. 604.105. ISSUANCE OF
CERTIFICATE. The advisory board [department] shall issue a
certificate to an applicant who:
(1) meets the minimum
standards adopted under Section 604.052(a);
(2) passes the required
examinations;
(3) complies with the
criminal history record information requirement of Section 604.1031;
(4) submits an
application on a form prescribed by the advisory board;
(5) certifies that the
applicant is mentally and physically able to be a respiratory care
practitioner;
(6) submits to the
advisory board any other information the advisory board considers necessary
to evaluate the applicant's qualifications; and
(7) pays the
certificate fee.
|
SECTION 9.162. Section
604.105, Occupations Code, is amended to read as follows:
Sec. 604.105. ISSUANCE OF
CERTIFICATE. The advisory board [department] shall issue a
certificate to an applicant who:
(1) meets the minimum
qualifications [standards] adopted under Section 604.052(a);
(2) passes the required
examinations;
(3) complies with the
criminal history record information requirement of Section 604.1031;
(4) submits an
application on a form prescribed by the advisory board;
(5) certifies that the
applicant is mentally and physically able to be a respiratory care
practitioner;
(6) submits to the
advisory board any other information the advisory board considers necessary
to evaluate the applicant's qualifications; and
(7) pays the
certificate fee.
|
|
SECTION 9.163.
|
SECTION 9.163. Substantially
the same as introduced version.
|
|
SECTION 9.164.
|
SECTION 9.164. Same as
introduced version.
|
|
SECTION 9.165.
|
SECTION 9.165. Substantially
the same as introduced version.
|
|
SECTION 9.166.
|
SECTION 9.166. Same as
introduced version.
|
|
SECTION 9.167.
|
SECTION 9.167. Substantially
the same as introduced version.
|
|
SECTIONS 9.168 - 9.172.
|
SECTIONS 9.168 - 9.172. Same
as introduced version.
|
|
SECTIONS 9.173 - 9.175.
|
SECTIONS 9.173 - 9.175.
Substantially the same as introduced version.
|
|
SECTIONS 9.176 - 9.179.
|
SECTIONS 9.176 - 9.179. Same
as introduced version.
|
|
SECTION 9.180.
|
SECTION 9.180. Substantially
the same as introduced version.
|
|
SECTIONS 9.181 - 9.183.
|
SECTIONS 9.181 - 9.183. Same
as introduced version.
|
|
SECTIONS 9.184 - 9.186.
|
SECTIONS 9.184 - 9.186.
Substantially the same as introduced version.
|
|
SECTIONS 9.187 and 9.188.
|
SECTIONS 9.187 and 9.188.
Same as introduced version.
|
|
SECTION 9.189.
|
SECTION 9.189. Substantially
the same as introduced version.
|
|
SECTIONS 9.190 and 9.191.
|
SECTIONS 9.190 and 9.191.
Same as introduced version.
|
|
SECTION 9.192. The following
provisions of the Occupations Code are repealed:
(1) Sections 601.002(2) and (3);
(2) Section 601.051;
(3) Section 601.053;
(4) Section 601.103;
(5) Section 602.002(2);
(6) Sections 602.052(b) and
(c);
(7) Sections 602.053(a),
(b), and (c);
(8) Section 602.056(c);
(9) Section 602.059;
(10) Subchapter C, Chapter
602;
(11) Sections 602.1525(b),
(c), (d), (e), (f), and (g);
(12) Section 602.204;
(13) Sections 603.002(1) and
(4);
(14) Section 603.005;
(15) Section 603.054(c);
(16) Section 603.058;
(17) Subchapter C, Chapter
603;
(18) Section 603.158;
(19) Section 603.159;
(20) Sections 603.2041(b),
(c), (d), (e), (f), and (g);
(21) Section 604.051;
(22) Sections 604.052(b) and
(c); and
(23) Section 604.056.
|
SECTION 9.192. The following
provisions of the Occupations Code are repealed:
(1) Sections 601.002(2) and (5);
(2) Section 601.051;
(3) Section 601.053;
(4) Section 601.103;
(5) Sections 602.002(1-a) and (2);
(6) Sections 602.052(b) and
(c);
(7) Sections 602.053(a),
(b), and (c);
(8) Section
602.056(c);
(9) Section
602.059;
(10) Subchapter
C, Chapter 602;
(11) Sections 602.1525(b),
(c), (d), (e), (f), and (g);
(12)
Section 602.155;
(13) Section 602.204;
(14) Sections 603.002(1) and
(4);
(15) Section 603.005;
(16) Section 603.054(c);
(17) Section 603.058;
(18) Subchapter C, Chapter
603;
(19)
Section 603.154(b);
(20) Section 603.158;
(21) Section 603.159;
(22) Sections 603.2041(b),
(c), (d), (f), and (g);
(23) Section 604.051;
(24) Sections 604.052(b) and
(c); and
(25) Section 604.056.
|
|
SECTIONS 9.193 - 9.195.
|
SECTIONS 9.193 - 9.195. Same
as introduced version.
|
|
ARTICLE 10. DEREGULATION OF
CERTAIN ACTIVITIES AND OCCUPATIONS
|
Same as introduced version,
except as follows:
|
|
SECTIONS 10.001 - 10.004.
|
SECTIONS 10.001 - 10.004.
Same as introduced version.
|
|
SECTIONS 10.005 and 10.006.
|
SECTIONS 10.005 and 10.006.
Substantially the same as introduced version.
|
|
SECTIONS 10.007 - 10.011.
|
SECTIONS 10.007 - 10.011.
Same as introduced version.
|
|
SECTIONS 10.012 and 10.013.
|
SECTIONS 10.012 and 10.013.
Substantially the same as introduced version.
|
|
SECTIONS 10.014 - 10.016.
|
SECTIONS 10.014 - 10.016.
Same as introduced version.
|
|
SECTION 10.017.
|
SECTION 10.017.
Substantially the same as introduced version.
|
|
SECTIONS 10.018 - 10.022.
|
SECTIONS 10.018 - 10.022.
Same as introduced version.
|
|
SECTIONS 10.023 and 10.024.
|
SECTION 10.023. Substantially
the same as introduced version.
|
|
SECTION 10.025.
|
SECTION 10.024. Same as
introduced version.
|
|
SECTION 10.026.
|
SECTION 10.025.
Substantially the same as introduced version.
|
|
SECTIONS 10.027 - 10.029.
|
SECTIONS 10.026 - 10.028.
Same as introduced version.
|
|
SECTION 10.030.
|
SECTION 10.029.
Substantially the same as introduced version.
|
|
SECTIONS 10.031 - 10.036.
|
SECTIONS 10.030 - 10.035.
Same as introduced version.
|
|
SECTION 10.037. The following
provisions of the Health and Safety Code are repealed:
(1) Section
144.001;
(2) Subchapter
B, Chapter 144;
(3) Sections
144.023(d) and (e);
(4) Section
144.031;
(5) Subchapter
D, Chapter 144;
(6) Subchapter
E, Chapter 144;
(7) Subchapter
F, Chapter 144;
(8) Section
144.071;
(9) Section
144.072;
(10) Section
144.073;
(11) Section
144.074;
(12) Section
144.075;
(13) Section
144.076;
(14) Section
144.077;
(15) Section
144.078(c);
(16) Section
144.080;
(17) Section
144.081;
(18) Section
144.082;
(19) Section
144.083;
(20) Section
144.084;
(21) Section
144.085;
(22) Section
145.001;
(23) Section
145.002(1);
(24) Section
145.004(b);
(25) Section
145.006(c);
(26) Section
145.008(k);
(27) Section
145.009;
(28) Section
145.0095;
(29) Section
145.010;
(30) Sections
145.011(a) and (b);
(31) Section
145.012;
(32) Section
145.0122;
(33) Section
145.015;
(34) Chapter
345;
(35) Chapter
385;
(36) Section 437.0057(b);
(37)
Section 438.042(b), Health and Safety Code, as added by Chapter 885 (H.B.
1682), Acts of the 72nd Legislature, Regular Session, 1991;
(38) Section 438.0431;
(39) Chapter 441; and
(40) Chapter 781.
|
SECTION 10.036. The following
provisions of the Health and Safety Code are repealed:
(1) Section 144.001;
(2) Subchapter
B, Chapter 144;
(3) Sections
144.023(d) and (e);
(4) Section
144.031;
(5) Subchapter
D, Chapter 144;
(6) Subchapter
E, Chapter 144;
(7) Subchapter
F, Chapter 144;
(8) Section
144.071;
(9) Section
144.072;
(10) Section
144.073;
(11) Section
144.074;
(12) Section
144.075;
(13) Section
144.076;
(14) Section
144.077;
(15) Section
144.078(c);
(16) Section
144.080;
(17) Section
144.081;
(18) Section
144.082;
(19) Section
144.083;
(20) Section
144.084;
(21) Section
144.085;
(22) Section
145.001;
(23) Section
145.002(1);
(24) Section
145.004(b);
(25) Section
145.006(c);
(26) Section
145.008(k);
(27) Section
145.009;
(28) Section
145.0095;
(29) Section
145.010;
(30) Sections
145.011(a) and (b);
(31) Section
145.012;
(32) Section
145.0122;
(33) Section
145.015;
(34) Chapter
345;
(35) Chapter
385;
(36) Section 437.0057(b);
(37) Section 438.0431;
(38) Chapter 441; and
(39) Chapter 781.
|
|
SECTION 10.038. The
following provisions of the Occupations Code are repealed:
(1) Section 351.005(c);
(2) Chapter 352;
(3) Sections 353.002(1), (2), and (4);
(4) Section 353.005;
(5) Subchapter B, Chapter
353;
(6) Section 353.202;
(7) Section 353.2025;
(8) Section 353.203;
(9) Section 353.204(b);
(10) Section 353.205; and
(11) Chapter 403.
|
SECTION 10.037. The
following provisions of the Occupations Code are repealed:
(1) Section 351.005(c);
(2) Chapter 352;
(3) Sections 353.002(2) and
(4);
(4) Section 353.005;
(5) Subchapter B, Chapter
353;
(6) Section 353.202;
(7) Section 353.2025;
(8) Section 353.203;
(9) Section 353.204(b);
(10) Section 353.205; and
(11) Chapter 403.
|
|
SECTIONS 10.039 - 10.042.
|
SECTIONS 10.038 - 10.041.
Same as introduced version.
|
|
No
equivalent provision.
|
ARTICLE 11. CONTINUATION OF
DEPARTMENT OF STATE HEALTH SERVICES
|
|
No
equivalent provision.
|
SECTION 11.001. (a) Section
1001.003, Health and Safety Code, is amended to read as follows:
Sec. 1001.003. SUNSET
PROVISION. The Department of State Health Services is subject to Chapter
325, Government Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the department is abolished and this chapter
expires September 1, 2027 [2015].
(b) This section takes
effect only if H.B. 2304, S.B. 200, or similar legislation of the 84th
Legislature, Regular Session, 2015, providing for the transfer of the
functions of the Department of State Health Services to the Health and
Human Services Commission is not enacted or does not become law. If H.B.
2304, S.B. 200, or similar legislation of the 84th Legislature, Regular
Session, 2015, is enacted, becomes law, and provides for the transfer of
the department's functions to the commission, this section has no effect.
|
|
ARTICLE 11. GENERAL
PROVISIONS AND EFFECTIVE DATE
|
ARTICLE 12. Same as
introduced version.
|
|
|
|
|