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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 403.001,
Occupations Code, is amended to read as follows:
Sec. 403.001. DEFINITIONS.
In this chapter:
(1) "Advisory
Board" means the Licensed Dyslexia Practitioner and Licensed Dyslexia
Therapist Advisory Board.
(2) [(1)]
"Commission" ["Commissioner"] means the Texas
Commission of Licensing and Regulation [commissioner of state health
services].
(3) [(2)]
"Department" means the Texas Department of Licensing and
Regulation [Department of State Health Services].
(4) [(3)] "Executive
Director" ["Executive commissioner"] means the
executive director of the Texas Department of Licensing and Regulation
[commissioner of the Health and Human Services Commission].
(5) [(4)]
"License holder" means a person who holds a license issued under
this chapter.
(6) [(5)]
"Multisensory structured language education" means a program
described by the International Multisensory Structured Language Education
Council for the treatment of individuals with dyslexia and related
disorders that provides instruction in the skills of reading, writing, and
spelling:
(A)
through program content that includes:
(i)
phonology and phonological awareness;
(ii)
sound and symbol association;
(iii)
syllables;
(iv)
morphology;
(v)
syntax; and
(vi)
semantics; and
(B)
following principles of instruction that
include:
(i)
simultaneous multisensory instruction, including
visual-auditory-kinesthetic-tactile instruction;
(ii)
systematic and cumulative instruction;
(iii)
explicit instruction;
(iv)
diagnostic teaching to automaticity; and
(v)
synthetic and analytic instruction.
[(6)
"Qualified instructor" means a person described by Section
403.110.]
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SECTION 1. Section 403.001,
Occupations Code, as amended by S.B. 219, Acts of the 84th Legislature,
Regular Session, 2015, is amended by adding Subdivisions (1) and (1-a) and
amending Subdivisions (2) and (3) to read as follows:
(1) "Advisory
board" means the Licensed Dyslexia Practitioner and Licensed Dyslexia
Therapist Advisory Board.
(1-a)
"Commission" means the Texas Commission of Licensing and
Regulation.
(2) "Department"
means the Texas Department of Licensing and Regulation [State
Health Services].
(3) "Executive director"
[commissioner"] means the executive director [commissioner]
of the department [Health and Human Services Commission].
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SECTION 2. Subchapter B,
Chapter 403, Occupations Code, is amended by adding new Section 403.049 as
follows:
Sec. 403.049. FEES. The commission
by rule shall establish reasonable
and necessary fees in amounts sufficient to cover the costs of
administering and enforcing this chapter.
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SECTION 4. Section 403.053,
Occupations Code, as added by S.B. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 403.053. FEES. The commission
[executive commissioner] shall set fees for the issuance or renewal of a license under this chapter
in amounts designed to allow the department to recover from the license
holders all of the direct and indirect costs to the department in
administering and enforcing this chapter.
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SECTION 3. Subchapter B,
Chapter 403, Occupations Code, is amended.
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SECTION 5. Substantially the
same as introduced version.
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SECTION 4. Section 403.051,
Occupations Code, is amended to read as follows:
Sec. 403.051. ADVISORY BOARD
[COMMITTEE]. (a) The commission
[department] shall appoint an advisory board [committee]
to advise the department in administering this chapter.
(b) The Advisory board
consists of 7 members appointed by the
presiding officer of the commission with the approval of the commission
as follows:
(1) 3 dyslexia therapists
licensed under this Chapter;
(2) 2 dyslexia
practitioner licensed under this Chapter; and
(3) 2 public members, one
of whom must be a person with dyslexia or the parent of a person with
dyslexia.
(c) Advisory board
members serve terms of four years, with the terms of three members expiring
on February 1 of each odd-numbered year.
(d) If a vacancy occurs
during a term, the presiding officer of the commission, with the approval
of the commission, shall appoint a replacement who meets the qualifications
of the vacated position to serve for the remainder of the term.
(e) The presiding officer
of the commission shall appoint one
of the advisory board members to serve as presiding officer of the advisory
board for a term of two years. The presiding officer of the advisory board
may vote on any matter before the advisory board.
(f) Advisory board members
may not receive compensation but are entitled to reimbursement for actual
and necessary expenses incurred in performing the functions of the advisory
board, subject to the General Appropriations Act.
(g) The advisory board
shall meet at the call of the presiding officer of the commission or the
executive director.
(h) The advisory board
shall provide advice and recommendations to the department on technical
matters relevant to the administration of this chapter.
(i) A member of the
advisory board may be removed from the advisory board as provided by
Section 51.209, Occupations Code.
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SECTION 2. Section 403.051,
Occupations Code, is amended to read as follows:
Sec. 403.051. ADVISORY BOARD
[COMMITTEE]. (a) The [department
shall appoint an] advisory board shall provide advice and
recommendations [committee] to [advise] the department on
technical matters relevant to the administration of [in
administering] this chapter.
(b) The advisory board
consists of seven members appointed by the
commission as follows:
(1) three licensed
dyslexia therapists;
(2) two licensed dyslexia
practitioners; and
(3) two members representing
the public, at least one of whom must be a person with dyslexia or a parent
of a person with dyslexia.
(c) Advisory board members
serve staggered four-year terms,
with the terms of three or four
members expiring on February 1 of each odd-numbered year.
(d) If a vacancy occurs
during the term of an advisory board member, the presiding officer of the
commission, with the commission's approval, shall appoint a replacement who
meets the qualifications of the vacated position to serve for the remainder
of the term.
(e) The presiding officer
of the commission shall designate a
member of the advisory board to serve as the presiding officer of the
advisory board for a term of two years. The presiding officer of the
advisory board may vote on any matter before the advisory board.
(f) Advisory board
members may not receive compensation but are entitled to reimbursement for
actual and necessary expenses incurred in performing the functions of the
advisory board, subject to the General Appropriations Act.
(g) The advisory board
shall meet at the call of the presiding officer of the commission or the
executive director.
(See Sec. 403.051(a)
above.)
(h) A member of the
advisory board may be removed from the advisory board as provided by
Section 51.209.
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SECTION 5. Section 403.052,
Occupations Code, is amended.
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SECTION 3. Substantially the
same as introduced version.
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SECTION 6. Section 403.103,
Occupations Code, is amended to read as follows:
Sec. 403.103. LICENSE
APPLICATION. (a) An application for a
license under this chapter must be submitted in the manner and on a form
prescribed by the executive director [A license applicant
must apply to the department on a form and in the manner the department
prescribes].
(b) The commission by
rule shall determine the information
and documentation required to be submitted as part of an application for each license under this chapter [application must be accompanied by a
nonrefundable application fee].
(c) The commission by rule shall establish the appropriate fees
required to be paid by the applicant to obtain a license under this
chapter.
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SECTION 6. Section 403.103,
Occupations Code, is amended to read as follows:
Sec. 403.103. LICENSE
APPLICATION. (a)
A
license applicant must apply to the department on a form and in the manner
the executive director [department] prescribes.
(b) The commission by
rule shall specify the information
and documentation required to be submitted in an application.
(c) The application must be accompanied by the
fees required by commission rule [a nonrefundable application fee].
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SECTION 7. Subchapter C,
Chapter 403, Occupations Code, is amended to add Section 403.1035 to read
as follows:
Sec. 403.1035. LICENSE
RENEWAL.
(a) A license issued
under this chapter is valid for one year.
(b) The commission by
rule shall establish the requirements for renewing a license issued under
this chapter, including the payment of applicable fees.
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SECTION 10. Subchapter C,
Chapter 403, Occupations Code, is amended by adding Section 403.1081 to
read as follows:
Sec. 403.1081. LICENSE
TERM; RENEWAL. (a) A license issued under this chapter is valid for one
year from the date of issuance.
(b) The commission by
rule shall establish requirements for renewing a license under this
chapter, including the payment of applicable fees.
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SECTION 8. Section 403.106,
Occupations Code, is amended.
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SECTION 7. Substantially the
same as introduced version.
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SECTION 10. Section 403.107,
Occupations Code, is amended.
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SECTION 8. Substantially the
same as introduced version.
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SECTION 11. Section 403.108,
Occupations Code, is amended.
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SECTION 9. Same as
introduced version.
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SECTION 12. Section 403.202,
Occupations Code, is amended.
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SECTION 11. Substantially
the same as introduced version.
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SECTION 13. Section 403.203,
Occupations Code, is amended to read as follows:
Sec. 403.203. GROUNDS FOR LICENSE
DENIAL AND DISCIPLINARY ACTION. The commission or executive
director may refuse to issue or renew a license or registration, revoke or suspend a license or registration, place on probation a
person whose license or registration
has been suspended, or reprimand a license or
registration holder who violates this chapter, a rule adopted under
this chapter, or an order of the commission
or executive director. [If a
license holder violates this chapter or a rule or code of ethics adopted by
the executive commissioner, the department shall:
(1) revoke or suspend the license;
(2) place on probation the person if the person's license has been
suspended;
(3) reprimand the license holder; or
(4) refuse to renew the license.]
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SECTION 12. Section 403.203,
Occupations Code, is amended to read as follows:
Sec. 403.203. GROUNDS FOR
DISCIPLINARY ACTION.
If an applicant for or
[a license] holder of a license violates this chapter or a
rule [or code of ethics] adopted or order issued under this chapter [by the executive
commissioner], the commission or executive director may [department
shall]:
(1) revoke or suspend the
license;
(2) place on probation the
person if the person's license has been suspended;
(3) reprimand the license
holder; or
(4) refuse to issue or
renew the license.
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SECTION 14. Section 403.207,
Occupations Code, is amended to read as follows:
Sec. 403.207. ADMINISTRATIVE
PENALTY [SANCTIONS]. The commission or executive director
may impose an administrative penalty against a person who violates a law establishing a regulatory program
administered by the department or a rule adopted or issued by the
commission or executive director as provided by Section 51.301, Occupations
Code. [(a) The executive
commissioner, in consultation with the advisory committee, by rule shall
adopt a broad schedule of sanctions for a violation of this chapter.
(b) The State Office of Administrative Hearings shall use the
schedule of sanctions for a sanction imposed as the result of a hearing
conducted by that office.]
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SECTION 14. Subchapter F,
Chapter 403, Occupations Code, is amended by adding Section 403.253 to read
as follows:
Sec. 403.253.
ADMINISTRATIVE PENALTY. The commission or executive director may impose an
administrative penalty against a person who violates this chapter or a rule adopted or order issued
under this chapter as provided by Subchapter F, Chapter 51.
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SECTION 15. Section 403.251,
Occupations Code, is amended to read as follows:
Sec. 403.251. CIVIL
PENALTY. (a) A person who violates this chapter, a rule adopted by the commission [executive
commissioner], or an order adopted by
the commission or executive director [commissioner]
under this chapter is liable for a civil penalty not to exceed $500 for
each occurrence.
(b)
At the request of the department, the attorney general shall bring an
action to recover a civil penalty authorized under this section.
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SECTION 13. Section
403.251(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 person who violates
this chapter or [,] a rule adopted [by the executive
commissioner under this chapter,] or [an] order issued [adopted by the department]
under this chapter is liable for a civil penalty not to exceed $500 for
each occurrence.
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SECTION 16. REPEALERS. The
following sections are repealed:
Section 403.002;
Section 403.109;
Section 403.152;
Section 403.201;
Section 403.204;
Section 403.205;
Section 403.208;
Section 403.209;
Section 403.210;
Section 403.211;
Section 403.212; and
Section 403.252.
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SECTION 15. 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 403.002;
(2) Section 403.109;
(3) Section 403.152;
(4) Section 403.201;
(5) Section 403.204;
(6) Section 403.205;
(7)
Section 403.207;
(8) Section 403.208;
(9) Section 403.209;
(10) Section 403.210;
(11) Section 403.211;
(12) Section 403.212; and
(13) Section 403.252.
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SECTION 17. The commission
shall adopt rules implementing Chapter 403, Occupations Code, as amended by
this Act, no later than March 1, 2016.
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SECTION 16. Not later than
March 1, 2016, the Texas Commission of Licensing and Regulation shall adopt
rules necessary to implement the changes in law made by this Act to Chapter
403, Occupations Code.
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SECTION 18. A rule or fee
under Chapter 403, Occupations Code, in effect on the effective date of
this Act remains in effect until changed by the Texas Commission of
Licensing and Regulation.
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SECTION 17. Same as
introduced version.
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SECTION 19. As soon as
practicable after the effective date of this Act, the Department of State
Health Services and the Texas Department of Licensing and Regulation shall
adopt a transition plan to provide for the transfer not later than January
1, 2016, of the following to the Texas Department of Licensing and
Regulation to the extent necessary for the exercise of that department's
powers and duties related to Chapter 403, Occupations Code, as amended by
this Act:
(1) personnel;
(2) equipment; and
(3) money appropriated for
the fiscal biennium ending August 31, 2017.
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SECTION 18. As soon as
practicable after the effective date of this Act, the Department of State
Health Services and the Texas Department of Licensing and Regulation shall
adopt a transition plan to provide for the transfer not later than January
1, 2016, of the following to the Texas Department of Licensing and
Regulation to the extent necessary for the exercise of that department's
powers and duties related to Chapter 403, Occupations Code, as amended by
this Act:
(1) personnel;
(2) equipment, files, and records; and
(3) money appropriated for
the fiscal biennium ending August 31, 2017.
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SECTION 20. Effective Date.
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, 2015.
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SECTION 19. Same as
introduced version.
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