By: Nelson S.B. No. 1022
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of the licensing and regulation of certain
  counseling professions to the Texas Department of Licensing and
  Regulation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 502.002, Occupations Code, is amended by
  amending Subdivisions (2), (3), and (5) and adding Subdivision
  (3-a) to read as follows:
               (2)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of state
  health services].
               (3)  "Department" means the Texas Department of
  Licensing and Regulation [Department of State Health Services].
               (3-a)  "Executive director" means the executive
  director of the department.
               (5)  "Licensed marriage and family therapist
  associate" means an individual who offers to provide marriage and
  family therapy for compensation under the supervision of a
  commission-approved [board-approved] supervisor.
         SECTION 2.  The heading to Subchapter D, Chapter 502,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D. [BOARD] POWERS AND DUTIES
         SECTION 3.  Section 502.151, Occupations Code, is amended to
  read as follows:
         Sec. 502.151.  GENERAL POWERS AND DUTIES [OF BOARD]. (a)
  The executive director shall administer and enforce this chapter.
         (b)  The commission [board] shall:
               (1)  determine the qualifications and fitness of a
  license applicant under this chapter; and
               (2)  adopt a code of professional ethics for license
  holders.
         SECTION 4.  Section 502.157, Occupations Code, is amended to
  read as follows:
         Sec. 502.157.  ANNUAL REGISTRY. (a) The department [board]
  shall annually prepare a registry of all license holders.
         (b)  The department [board] shall make the registry
  available to the public, license holders, and other state agencies.
         SECTION 5.  Section 502.159, Occupations Code, is amended to
  read as follows:
         Sec. 502.159.  EX PARTE COMMUNICATION PROHIBITED. A
  commission [board] member or department employee [who performs
  functions for the board and] who is assigned to make a decision, a
  finding of fact, or a conclusion of law in a proceeding pending
  before the commission [board] may not directly or indirectly
  communicate with a party to the proceeding or the party's
  representative unless notice and an opportunity to participate are
  given to each party to the proceeding.
         SECTION 6.  Section 502.252, Occupations Code, is amended to
  read as follows:
         Sec. 502.252.  LICENSE APPLICATION. (a) An applicant for a
  license must:
               (1)  file a written application in the manner and [with
  the board] on a form prescribed by the executive director [board];
  and
               (2)  pay the appropriate application fee.
         (b)  To qualify for a license as a licensed marriage and
  family therapist associate, a person must:
               (1)  be at least 18 years of age;
               (2)  have completed a graduate internship in marriage
  and family therapy, or an equivalent internship, as approved by the
  commission [board];
               (3)  pass the license examination and jurisprudence
  examination determined by the commission [board];
               (4)  hold a master's or doctoral degree in marriage and
  family therapy or in a related mental health field with coursework
  and training determined by the commission [board] to be
  substantially equivalent to a graduate degree in marriage and
  family therapy from a regionally accredited institution of higher
  education or an institution of higher education approved by the
  commission [board];
               (5)  be of good moral character;
               (6)  have not been convicted of a felony or a crime
  involving moral turpitude;
               (7)  not use drugs or alcohol to an extent that affects
  the applicant's professional competency;
               (8)  not have had a license or certification revoked by
  a licensing agency or by a certifying professional organization;
  and
               (9)  not have engaged in fraud or deceit in applying for
  a license under this chapter.
         (c)  An applicant is eligible to apply for a license as a
  licensed marriage and family therapist if the person:
               (1)  meets the requirements of Subsection (b);
               (2)  after receipt of a degree described by Subsection
  (b)(4), has completed two years of work experience in marriage and
  family therapist services that includes at least 3,000 hours of
  clinical practice of which:
                     (A)  at least 1,500 hours consist of direct
  clinical services; and
                     (B)  at least 750 hours consist of direct clinical
  services to couples or families; and
               (3)  has completed, in a manner acceptable to the
  commission [board], at least 200 hours of supervised provision of
  direct clinical services by the applicant, 100 hours of which must
  be supervised on an individual basis.
         SECTION 7.  Sections 502.253(a), (b), and (c), Occupations
  Code, are amended to read as follows:
         (a)  The department [board] shall investigate each
  application and any other information submitted by the applicant.
         (b)  Not later than the 90th day after the date the
  department [board] receives the completed application from a person
  seeking a license as a licensed marriage and family therapist
  associate, the department [board] shall notify the applicant
  whether the application has been accepted or rejected.
         (c)  An applicant for a license as a licensed marriage and
  family therapist associate is eligible to take the examination if
  the applicant:
               (1)  is enrolled in a graduate internship described by
  Section 502.252(b)(2) and provides proof to the department [board]
  that the applicant is a student in good standing in an educational
  program described by Section 502.252(b)(4); or
               (2)  has completed the internship described by
  Subdivision (1).
         SECTION 8.  Sections 502.254(b) and (d), Occupations Code,
  are amended to read as follows:
         (b)  An applicant for a license as a licensed marriage and
  family therapist associate under Section 502.252(b) must:
               (1)  file an application in the manner and on a form
  prescribed by the executive director [board] not later than the
  90th day before the date of the examination; and
               (2)  pay the examination fee [set by the executive
  commissioner of the Health and Human Services Commission by rule].
         (d)  The department [board] shall have any written portion of
  an examination validated by an independent testing professional.
         SECTION 9.  Section 502.2541, Occupations Code, is amended
  to read as follows:
         Sec. 502.2541.  JURISPRUDENCE EXAMINATION. (a) The
  department [board] shall develop and administer at least twice each
  calendar year a jurisprudence examination to determine an
  applicant's knowledge of this chapter, [board] rules adopted under
  this chapter, and any other applicable laws of this state affecting
  the applicant's practice of marriage and family therapy.
         (b)  The commission [board] shall adopt rules to implement
  this section, including rules related to the development and
  administration of the examination, examination fees, guidelines
  for reexamination, grading the examination, and providing notice of
  examination results.
         SECTION 10.  Section 502.2545, Occupations Code, is amended
  to read as follows:
         Sec. 502.2545.  WAIVER OF EXAMINATION FOR CERTAIN
  APPLICANTS. (a) The department [board] may waive the requirement
  that an applicant for a license as a licensed marriage and family
  therapist pass the examination required by Section 502.254 if the
  applicant:
               (1)  is a provisional license holder under Section
  502.259 and the department [board] determines that the applicant
  possesses sufficient education and professional experience to
  receive a license without further examination; or
               (2)  holds a license issued by another licensing agency
  in a profession related to the practice of marriage and family
  therapy and the department [board] determines that the applicant
  possesses sufficient education and professional experience to
  receive a license without satisfying the examination requirements
  of this chapter.
         (b)  The commission [board] may adopt rules necessary to
  administer this section, including rules under Subsection (a)(2)
  prescribing the professions that are related to the practice of
  marriage and family therapy.
         SECTION 11.  Section 502.256(b), Occupations Code, is
  amended to read as follows:
         (b)  If an applicant fails the examination two or more times,
  the department [board] may require the applicant to:
               (1)  complete additional courses of study designated by
  the department [board]; and
               (2)  present satisfactory evidence of completion of the
  required courses.
         SECTION 12.  Section 502.257, Occupations Code, is amended
  to read as follows:
         Sec. 502.257.  ISSUANCE OF LICENSE. The department [board]
  shall issue a license as a licensed marriage and family therapist
  associate or licensed marriage and family therapist, as
  appropriate, to an applicant who:
               (1)  complies with the requirements of this chapter;
               (2)  passes the licensing examination, unless the
  department [board] exempts the person from the examination
  requirement; and
               (3)  pays the required fees.
         SECTION 13.  Section 502.259, Occupations Code, is amended
  to read as follows:
         Sec. 502.259.  PROVISIONAL LICENSE. (a) The department
  [board] may grant a provisional license to practice as a marriage
  and family therapist in this state without examination to an
  applicant who is licensed or otherwise registered as a marriage and
  family therapist by another state or jurisdiction if the
  requirements to be licensed or registered in the other state or
  jurisdiction were, on the date the person was licensed or
  registered, substantially equal to the requirements of this
  chapter.
         (b)  An applicant for a provisional license must:
               (1)  be licensed in good standing as a marriage and
  family therapist in another state or jurisdiction that has
  licensing requirements that are substantially equal to the
  requirements of this chapter;
               (2)  have passed a national or other examination that:
                     (A)  is recognized by the commission [board]; and
                     (B)  relates to marriage and family therapy; and
               (3)  be sponsored by a person licensed under this
  chapter [by the board] with whom the provisional license holder may
  practice under this section.
         (c)  An applicant may be excused from the requirement of
  Subsection (b)(3) if the department [board] determines that
  compliance with that subsection constitutes a hardship to the
  applicant.
         (d)  A provisional license is valid until the date the
  department [board] approves or denies the provisional license
  holder's application for a license under Section 502.257. The
  department [board] shall complete processing of a provisional
  license holder's application for a license not later than the 180th
  day after the date the provisional license is issued. The
  department [board] may extend this period to allow for the receipt
  and tabulation of pending examination results.
         (e)  The department [board] shall issue a license under
  Section 502.257 to a provisional license holder if:
               (1)  the provisional license holder passes the
  examination required by Section 502.254;
               (2)  the department [board] verifies that the
  provisional license holder satisfies the academic and experience
  requirements of this chapter; and
               (3)  the provisional license holder satisfies any other
  license requirements under this chapter.
         SECTION 14.  Section 502.261(b), Occupations Code, is
  amended to read as follows:
         (b)  Each license holder shall notify the department [board]
  of the license holder's current address.
         SECTION 15.  Section 502.301(a), Occupations Code, is
  amended to read as follows:
         (a)  A license issued under this chapter is subject to
  biennial renewal. [The board shall adopt a system under which
  licenses expire on various dates during the year.]
         SECTION 16.  Section 502.351, Occupations Code, is amended
  to read as follows:
         Sec. 502.351.  GROUNDS FOR DISCIPLINARY ACTIONS. The
  commission or executive director [board] shall reprimand a license
  holder, place on probation a person whose license has been
  suspended, refuse to renew a person's license, or suspend or revoke
  a holder's license if the person:
               (1)  is convicted of a misdemeanor involving moral
  turpitude or a felony;
               (2)  obtains or attempts to obtain a license by fraud or
  deception;
               (3)  uses drugs or alcohol to an extent that affects the
  license holder's professional competence;
               (4)  performs professional duties in a grossly
  negligent manner;
               (5)  is adjudicated as mentally incompetent by a court;
               (6)  practices in a manner that is detrimental to the
  public health or welfare;
               (7)  advertises in a manner that tends to deceive or
  defraud the public;
               (8)  has a license or certification revoked by a
  licensing agency or a certifying professional organization;
               (9)  violates this chapter or a rule or code of ethics
  adopted under this chapter; or
               (10)  commits an act for which liability exists under
  Chapter 81, Civil Practice and Remedies Code.
         SECTION 17.  Section 502.357, Occupations Code, is amended
  to read as follows:
         Sec. 502.357.  GROUNDS FOR REFUSING RENEWAL. The department
  [board] may refuse to renew the license of a person who fails to pay
  an administrative penalty imposed under Subchapter F, Chapter 51,
  [I] unless enforcement of the penalty is stayed or a court has
  ordered that the administrative penalty is not owed.
         SECTION 18.  Section 502.358, Occupations Code, is amended
  to read as follows:
         Sec. 502.358.  REFUND. (a) Subject to Subsection (b), the
  commission or executive director [board] may order a license holder
  to pay a refund to a consumer as provided in an agreement resulting
  from an informal settlement conference instead of or in addition to
  imposing an administrative penalty under this chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to the license holder for a
  service regulated by this chapter. The commission or executive
  director [board] may not require payment of other damages or
  estimate harm in a refund order.
         SECTION 19.  Section 502.453, Occupations Code, is amended
  to read as follows:
         Sec. 502.453.  CIVIL PENALTY. (a) A person who violates
  this chapter or a rule or order adopted [by the board] under this
  chapter is liable for a civil penalty not to exceed $1,000 a day.
         (b)  At the request of the commission [board] or executive
  director [department], the attorney general shall bring an action
  to recover a civil penalty authorized under this section.
         SECTION 20.  Section 503.002, Occupations Code, is amended
  by amending Subdivisions (1) and (2) and adding Subdivision (2-a)
  to read as follows:
               (1)  "Commission" ["Board"] means the Texas Commission
  of Licensing and Regulation [State Board of Examiners of
  Professional Counselors].
               (2)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2-a)  "Executive director" means the executive
  director of the department.
         SECTION 21.  The heading to Subchapter E, Chapter 503,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E. [BOARD] POWERS AND DUTIES
         SECTION 22.  Section 503.201, Occupations Code, is amended
  to read as follows:
         Sec. 503.201.  GENERAL POWERS AND DUTIES. (a) The executive
  director shall administer and enforce this chapter.
         (b)  The commission [board] shall:
               (1)  determine the qualifications and fitness of an
  applicant for a license, license renewal, or provisional license;
               (2)  examine for, deny, approve, issue, revoke,
  suspend, suspend on an emergency basis, place on probation, and
  renew the license of an applicant or license holder under this
  chapter;
               (3)  adopt and publish a code of ethics;
               (4)  by rule adopt a list of authorized counseling
  methods or practices that a license holder may undertake or
  perform; and
               (5)  adopt an official seal.
         (c) [(b)]  The commission or executive director [board] may
  request and shall receive the assistance of a state educational
  institution or other state agency.
         SECTION 23.  Section 503.207, Occupations Code, is amended
  to read as follows:
         Sec. 503.207.  LICENSE HOLDER REGISTRY. (a) Each year the
  department [board] shall prepare a registry of persons licensed
  under this chapter. The registry must include listings of any
  specializations permitted by law or by commission [board] rule.
  The registry shall be made available on request to a license holder,
  another state agency, or a member of the public.
         (b)  A person licensed under this chapter shall inform the
  department [board] of the person's current address at all times.
         SECTION 24.  Section 503.208, Occupations Code, is amended
  to read as follows:
         Sec. 503.208.  COMPETENT PERFORMANCE OF PROFESSIONAL
  DUTIES. The commission [board] shall identify the key factors for
  the competent performance by a license holder of the license
  holder's professional duties.
         SECTION 25.  Section 503.302, Occupations Code, is amended
  to read as follows:
         Sec. 503.302.  QUALIFICATIONS FOR LICENSE. (a) A person
  qualifies for a license under this chapter if the person:
               (1)  is at least 18 years old;
               (2)  has a master's or doctoral degree in counseling or
  a related field;
               (3)  has successfully completed a graduate degree at a
  regionally accredited institution of higher education and the
  number of graduate semester hours required by commission [board]
  rule, which may not be less than 48 hours and must include 300 clock
  hours of supervised practicum that:
                     (A)  is primarily counseling in nature; and
                     (B)  meets the specific academic course content
  and training standards established by the commission [board];
               (4)  has completed the number of supervised experience
  hours required by commission [board] rule, which may not be less
  than 3,000 hours working in a counseling setting that meets the
  requirements established by the commission [board] after the
  completion of the graduate program described by Subdivision (3);
               (5)  [except as provided by Subsection (b),] passes the
  license examination and jurisprudence examination required by this
  chapter;
               (6)  submits an application in the manner and on a form
  prescribed [as required] by the executive director [board],
  accompanied by the required application fee; and
               (7)  meets any other requirement prescribed by the
  commission [board].
         (b) [(d)]  In establishing the standards described by
  Subsection (a)(3)(B), the commission [board] shall review and
  consider the standards as developed by the appropriate professional
  association.
         (c) [(e)]  The commission [board] may require the statements
  on a license application to be made under oath.
         SECTION 26.  Section 503.303(b), Occupations Code, is
  amended to read as follows:
         (b)  The department [board] shall accept an individual
  course from an art therapy program accredited through the American
  Art Therapy Association as satisfying the education requirements
  under Section 503.302(a)(3) if at least 75 percent of the course
  content is substantially equivalent to the content of a course
  required by commission [board] rule.
         SECTION 27.  Section 503.304, Occupations Code, is amended
  to read as follows:
         Sec. 503.304.  REVIEW OF APPLICATION. (a) Not later than
  the 30th day before the examination date, after investigation of a
  license application and review of other evidence submitted, the
  department [board] shall notify the applicant that the application
  and evidence submitted are:
               (1)  satisfactory and accepted; or
               (2)  unsatisfactory and rejected.
         (b)  If the department [board] rejects an application, the
  department [board] shall state in the notice the reasons for the
  rejection.
         SECTION 28.  Section 503.305, Occupations Code, is amended
  to read as follows:
         Sec. 503.305.  LICENSE EXAMINATION. (a) The department
  [board] shall administer examinations to determine the competence
  of qualified applicants at least twice each calendar year.
         (b)  The department [board] shall contract with a nationally
  recognized testing organization to develop and administer a written
  professional counselor licensing examination to applicants who
  apply for a license under this chapter.
         SECTION 29.  Section 503.3055, Occupations Code, is amended
  to read as follows:
         Sec. 503.3055.  JURISPRUDENCE EXAMINATION. (a) The
  department [board] shall develop and administer at least twice each
  calendar year a jurisprudence examination to determine an
  applicant's knowledge of this chapter, commission [board] rules,
  and any other applicable laws of this state affecting the
  applicant's professional counseling practice.
         (b)  The commission [board] shall adopt rules to implement
  this section, including rules related to the development and
  administration of the examination, examination fees, guidelines
  for reexamination, grading the examination, and providing notice of
  examination results.
         SECTION 30.  Sections 503.310(a), (c), and (d), Occupations
  Code, are amended to read as follows:
         (a)  On application and payment of applicable fees, the
  department [board] may issue a provisional license to a person who
  holds a license as a counselor or art therapist issued by another
  state or by a jurisdiction acceptable to the commission [board].
         (c)  An applicant is not required to comply with Subsection
  (b)(3) if the department [board] determines that compliance with
  that subsection is a hardship to the applicant.
         (d)  A provisional license is valid until the date the
  department [board] approves or denies the provisional license
  holder's application for a license under Section 503.311.
         SECTION 31.  Section 503.311, Occupations Code, is amended
  to read as follows:
         Sec. 503.311.  ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
  HOLDER. (a) The department [board] shall issue a license to the
  holder of a provisional license who applies for a license if:
               (1)  the department [board] verifies that the applicant
  has the academic and experience requirements for a regular license
  under this chapter; and
               (2)  the applicant satisfies any other license
  requirements under this chapter.
         (b)  The department [board] must complete the processing of a
  provisional license holder's application for a license not later
  than the later of:
               (1)  the 180th day after the date the provisional
  license is issued; or
               (2)  the date licenses are issued following completion
  of the examination.
         SECTION 32.  Section 503.313, Occupations Code, is amended
  to read as follows:
         Sec. 503.313.  RETIREMENT STATUS. The commission [board] by
  rule may adopt a system for placing a person licensed under this
  chapter on retirement status.
         SECTION 33.  Section 503.314(b), Occupations Code, is
  amended to read as follows:
         (b)  A license certificate issued under this chapter [by the
  board] is the property of the department [board] and must be
  surrendered on demand.
         SECTION 34.  Section 503.351, Occupations Code, is amended
  to read as follows:
         Sec. 503.351.  RENEWAL; ELIGIBILITY. A person licensed
  under this chapter may renew the license biennially if the person:
               (1)  is not in violation of this chapter when the person
  applies for renewal; and
               (2)  fulfills the continuing education requirements
  [established by the board].
         SECTION 35.  Sections 503.401(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  A person licensed under this chapter is subject to
  disciplinary action under this section if the person:
               (1)  violates this chapter or a rule or code of ethics
  adopted under this chapter [by the board];
               (2)  commits an act for which the license holder would
  be liable under Chapter 81, Civil Practice and Remedies Code;
               (3)  is legally committed to an institution because of
  mental incompetence from any cause; or
               (4)  directly or indirectly offers to pay or agrees to
  accept remuneration to or from any person for securing or
  soliciting a patient or patronage.
         (b)  If a person is subject to disciplinary action under this
  section, the commission or executive director [board] shall:
               (1)  revoke or suspend the person's license, including
  a suspension on an emergency basis;
               (2)  refuse to renew the person's license;
               (3)  suspend the person's license and place the person
  on probation with the license suspension probated; or
               (4)  reprimand the person.
         SECTION 36.  Section 503.407, Occupations Code, is amended
  to read as follows:
         Sec. 503.407.  REFUND. (a) Subject to Subsection (b), the
  commission or executive director [board] may order a license holder
  to pay a refund to a consumer as provided in an agreement resulting
  from an informal settlement conference instead of or in addition to
  imposing an administrative penalty under this chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to the license holder for a
  service regulated by this chapter.  The commission or executive
  director [board] may not require payment of other damages or
  estimate harm in a refund order.
         SECTION 37.  Section 503.453, Occupations Code, is amended
  to read as follows:
         Sec. 503.453.  REPORT OF ALLEGED OFFENSE. The department
  [board] shall notify the appropriate prosecuting attorney of an
  alleged offense committed under this chapter.
         SECTION 38.  Section 504.001, Occupations Code, is amended
  by amending Subdivisions (5), (7), (8), and (9) to read as follows:
               (5)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of state
  health services].
               (7)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (8)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
               (9)  "Peer assistance program" means a program approved
  by the commission [department] under Section 504.057.
         SECTION 39.  The heading to Subchapter B, Chapter 504,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
  DEPARTMENT]
         SECTION 40.  Section 504.051, Occupations Code, is amended
  to read as follows:
         Sec. 504.051.  GENERAL POWERS AND DUTIES [OF EXECUTIVE
  COMMISSIONER]. (a) The executive director [commissioner] shall
  administer and enforce this chapter.
         (b)  The commission shall establish:
               (1)  [adopt rules as necessary for the performance of
  its duties under this chapter;
               [(2)  establish] standards of conduct and ethics for
  persons licensed under this chapter; and
               (2) [(3)  establish] any additional criteria for peer
  assistance programs for chemical dependency counselors that the
  commission [executive commissioner] determines necessary.
         SECTION 41.  Section 504.052, Occupations Code, is amended
  to read as follows:
         Sec. 504.052.  DISCRIMINATION PROHIBITED. In taking an
  action or making a decision under this chapter, the commission,
  executive director [commissioner, commissioner], and department
  shall do so without regard to the sex, race, religion, national
  origin, color, or political affiliation of the person
  affected.  For purposes of this section, taking an action or making
  a decision under this chapter includes:
               (1)  considering a license application;
               (2)  conducting an examination;
               (3)  adopting or enforcing a rule; and
               (4)  conducting a disciplinary proceeding.
         SECTION 42.  Section 504.055(d), Occupations Code, is
  amended to read as follows:
         (d)  The department may charge a fee in an amount set by the
  commission [executive commissioner] by rule for the roster
  published under this section.
         SECTION 43.  Sections 504.057(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  The commission [department] shall approve one or more
  peer assistance programs established [by the department or a
  professional association] in accordance with Chapter 467, Health
  and Safety Code, from which persons licensed under this chapter may
  seek assistance.
         (b)  The commission [department] shall approve a peer
  assistance program that:
               (1)  meets the minimum criteria established [by the
  executive commissioner or department] under Chapter 467, Health and
  Safety Code;
               (2)  meets any additional criteria established by the
  commission [executive commissioner or department] for chemical
  dependency counselors licensed under this chapter; and
               (3)  is designed to assist a chemical dependency
  counselor whose ability to perform a professional service is
  impaired by abuse of or dependency on drugs or alcohol.
         SECTION 44.  Section 504.058(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [executive commissioner] shall add a
  surcharge of not more than $10 to the license or license renewal fee
  for a license under this chapter to fund approved peer assistance
  programs for chemical dependency counselors. Money collected from
  the surcharge shall be remitted to the comptroller for deposit to
  the credit of the chemical dependency counselor account. The
  chemical dependency counselor account is an account in the general
  revenue fund.
         SECTION 45.  Section 504.1515(a), Occupations Code, is
  amended to read as follows:
         (a)  A person seeking a license as a chemical dependency
  counselor shall register with the department as a counselor intern
  by submitting, in the manner prescribed by [a form acceptable to]
  the executive director [department], the following:
               (1)  an application fee and a background investigation
  fee;
               (2)  a completed, signed, dated, and notarized
  application on a form prescribed by the executive director
  [department];
               (3)  a recent full-face wallet-sized photograph of the
  applicant;
               (4)  two sets of fingerprints submitted [completed in
  accordance with department instructions] on a form prescribed
  [cards issued] by the executive director [department];
               (5)  documentation verifying the applicant
  successfully completed:
                     (A)  270 total hours of approved curricula
  described by Section 504.152(a)(3)(A) [504.152(3)(A)]; and
                     (B)  300 hours of approved supervised field work
  practicum described by Section 504.152(a)(3)(C) [504.152(3)(C)];
  and
               (6)  documentation verifying the applicant received a
  high school diploma or its equivalent.
         SECTION 46.  Section 504.152(a), Occupations Code, is
  amended to read as follows:
         (a)  To be eligible for a license under this chapter, a
  person must:
               (1)  be at least 18 years of age;
               (2)  hold an associate degree or a more advanced
  degree;
               (3)  have completed:
                     (A)  135 hours, or nine semester hours, specific
  to substance abuse disorders and treatment and an additional 135
  hours, or nine semester hours, specific or related to chemical
  dependency counseling;
                     (B)  4,000 hours of approved supervised
  experience working with chemically dependent persons; and
                     (C)  300 hours of approved supervised field work
  practicum;
               (4)  provide two letters of reference from chemical
  dependency counselors;
               (5)  pass a written examination approved by the
  department;
               (6)  submit a case presentation to the test
  administrator;
               (7)  be determined by the department to be worthy of the
  public trust and confidence;
               (8)  successfully complete the chemical dependency
  counselor examination under Section 504.156;
               (9)  sign a written agreement to comply with the
  standards of ethics approved by the commission [department]; and
               (10)  provide to the department written assurance that
  the applicant has access to a peer assistance program.
         SECTION 47.  Section 504.1521(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission [executive commissioner] shall adopt
  rules necessary to:
               (1)  register clinical training institutions that meet
  the criteria established by the commission [executive
  commissioner] to protect the safety and welfare of the people of
  this state; and
               (2)  certify clinical supervisors who hold
  certification credentials approved by the commission [department]
  or by a person designated by the commission [department], such as
  the International Certification and Reciprocity Consortium or
  another person that meets the criteria established by the
  commission [executive commissioner] to protect the safety and
  welfare of the people of this state.
         SECTION 48.  Sections 504.1525(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  Except as provided by Subsection (b), the department may
  not issue a license, registration, or certification under this
  chapter to an applicant who has been:
               (1)  convicted or placed on community supervision
  during the three years preceding the date of application in any
  jurisdiction for an offense equal to a Class B misdemeanor
  specified by commission [department] rule;
               (2)  convicted or placed on community supervision in
  any jurisdiction for an offense equal to or greater than a Class A
  misdemeanor specified by commission [department] rule; or
               (3)  found to be incapacitated by a court on the basis
  of a mental defect or disease.
         (b)  The department may issue a license, registration, or
  certification to a person convicted or placed on community
  supervision in any jurisdiction for a drug or alcohol offense
  described by Subsection (a)(1) or (2) if the commission or
  executive director [department] determines that the applicant has
  successfully completed participation in an approved peer
  assistance program.
         SECTION 49.  Sections 504.155(a), (b), and (c), Occupations
  Code, are amended to read as follows:
         (a)  An application for a license under this chapter must:
               (1)  be submitted in the manner and on a form prescribed
  [and furnished] by the executive director [department]; and
               (2)  contain a statement made under oath of the
  applicant's education, experience, and other qualifications
  established by the commission [department] as required for a
  license under this chapter.
         (b)  The commission or executive director [department] may
  require additional information regarding the quality, scope, and
  nature of the experience and competence of the applicant if the
  commission or executive director [department] determines that a
  person's application lacks sufficient information for
  consideration by the department.
         (c)  The department may obtain criminal history record
  information relating to an applicant for a license under this
  chapter from the Department of Public Safety and the Federal Bureau
  of Investigation. The department may deny an application for a
  license if the applicant fails to provide two complete sets of
  fingerprints on a form prescribed by the executive director
  [department].
         SECTION 50.  The heading to Section 504.157, Occupations
  Code, is amended to read as follows:
         Sec. 504.157.  [EXAMINATION RESULTS;] REEXAMINATION.
         SECTION 51.  Section 504.157(d), Occupations Code, is
  amended to read as follows:
         (d)  The commission [executive commissioner] by rule shall
  establish the criteria under which an applicant may take a
  subsequent examination under Subsection (c).
         SECTION 52.  Section 504.201(a), Occupations Code, is
  amended to read as follows:
         (a)  A license issued under this chapter expires on the
  second anniversary of the date of issuance. [The executive
  commissioner by rule shall adopt a system under which licenses
  expire on various dates during the year.]
         SECTION 53.  Section 504.2025(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission or executive director [department] may
  renew a license under this chapter if the commission or executive
  director [department] determines that the person has successfully
  completed participation in an approved peer assistance program
  subsequent to the conviction or placement on community supervision
  for an offense described by Section 504.1525(b).
         SECTION 54.  Section 504.2026(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission or executive director [department] may
  waive the requirement of Subsection (a) if the commission or
  executive director [department] determines that a peer assistance
  program is not reasonably available to the license holder.
         SECTION 55.  Section 504.205(d), Occupations Code, is
  amended to read as follows:
         (d)  Except for the number of hours required, the commission
  [executive commissioner] may not adopt a rule [under Subsection
  (a)] that distinguishes between the continuing education
  requirements for a license holder subject to Subsection (b) and a
  license holder subject to Subsection (c).
         SECTION 56.  Sections 504.206(b) and (d), Occupations Code,
  are amended to read as follows:
         (b)  The commission [department] shall recognize, prepare,
  or administer a training component that satisfies the requirement
  of Subsection (a) for use in continuing education for chemical
  dependency counselors.
         (d)  In developing the training component, the commission
  [department] may, to the extent appropriate, consider the training
  course relating to hepatitis C developed by the Department of State
  Health Services [department] under Section 94.002, Health and
  Safety Code.
         SECTION 57.  Section 504.251, Occupations Code, is amended
  to read as follows:
         Sec. 504.251.  GROUNDS FOR LICENSE, REGISTRATION, OR
  CERTIFICATION DENIAL OR DISCIPLINARY ACTION. The commission or
  executive director [department] shall refuse to issue a license,
  registration, or certification [issued by the department] to an
  applicant, refuse to renew a person's license, registration, or
  certification [holder's license, registration, or certification
  issued by the department], or take disciplinary action against the
  holder of a license, registration, or certification [issued by the
  department] if the applicant or license, registration, or
  certification holder:
               (1)  violates or assists another to violate this
  chapter or a rule adopted under this chapter;
               (2)  circumvents or attempts to circumvent this chapter
  or a rule adopted under this chapter;
               (3)  directly or indirectly participates in a plan to
  evade this chapter or a rule adopted under this chapter;
               (4)  has a license to practice chemical dependency
  counseling in another jurisdiction refused, suspended, or revoked
  for a reason that the commission or executive director [department]
  determines would constitute a violation of this chapter or a rule
  adopted under this chapter;
               (5)  engages in false, misleading, or deceptive conduct
  as defined by Section 17.46, Business & Commerce Code;
               (6)  engages in conduct that discredits or tends to
  discredit the profession of chemical dependency counseling;
               (7)  directly or indirectly reveals a confidential
  communication made to the person by a client or recipient of
  services, except as required by law;
               (8)  refuses to perform an act or service the person is
  licensed, registered, or certified to perform under this chapter on
  the basis of the client's or recipient's age, sex, race, religion,
  national origin, color, or political affiliation; or
               (9)  commits an act for which liability exists under
  Chapter 81, Civil Practice and Remedies Code.
         SECTION 58.  Sections 504.255(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  A person whose license, registration, or certification
  application is denied under Section 504.1525, whose license,
  registration, or certification renewal is refused under Section
  504.2025, or whose license, registration, or certification is
  suspended [under Section 504.2525] may appeal the denial, refusal
  to renew, or suspension on the grounds that:
               (1)  the sole basis for the [department's]
  determination is a conviction or placement on community supervision
  for an offense described by Section 504.1525; and
               (2)  sufficient time, as determined by commission
  [department] rule, has expired since the date of the conviction or
  placement.
         (c)  After a hearing under this section, the commission or
  executive director [department] may determine that the person is
  entitled to a license, registration, or certification under this
  chapter.
         SECTION 59.  The heading to Subchapter H, Chapter 504,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER H. CIVIL PENALTY [OTHER PENALTIES AND ENFORCEMENT
  PROVISIONS]
         SECTION 60.  Section 504.351, Occupations Code, is amended
  to read as follows:
         Sec. 504.351.  [INJUNCTIVE RELIEF;] CIVIL PENALTY. A
  person who violates [(a) If it appears that a person has violated,
  is violating,] or threatens [is threatening] to violate this
  chapter or a rule adopted under this chapter is liable for a civil
  penalty of [, the department or the attorney general at the request
  of the department may institute an action in district court for an
  injunction, a civil penalty, or both.
         [(b)     On application for injunctive relief and a finding that
  a person is violating or threatening to violate this chapter or a
  rule adopted under this chapter, the district court may grant
  injunctive relief as the facts warrant.   The department is not
  required to give an appeal bond in an appeal of an action seeking
  injunctive relief under this section.
         [(c)     The amount of a civil penalty imposed under this
  section may] not [be] less than $50 or more than $500 for each day of
  the violation.
         SECTION 61.  Section 505.002, Occupations Code, is amended
  to read as follows:
         Sec. 505.002.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (2)  ["Board" means the Texas State Board of Social
  Worker Examiners.
               [(3)]  "Council on Social Work Education" means the
  national organization that is primarily responsible for the
  accreditation of schools of social work in the United States or its
  successor approved by the commission [board].
               (3) [(4)]  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4)  "Executive director" means the executive director
  of the department.
               (5) [(4-a)]  "Licensed baccalaureate social worker"
  means a person who holds a baccalaureate social worker license
  issued [by the board] under this chapter.
               (6) [(4-b)]  "Licensed clinical social worker" means a
  person who holds a clinical social worker license issued [by the
  board] under this chapter.
               (7) [(5)]  "Licensed master social worker" means a
  person who holds a master social worker license issued [by the
  board] under this chapter.
               (8) [(6)]  "Licensed social worker" means a person who
  holds a social worker license issued [by the board] under this
  chapter.
               (9)  "Social worker" means a person who holds any
  license issued [by the board] under this chapter.
         SECTION 62.  Section 505.201, Occupations Code, is amended
  to read as follows:
         Sec. 505.201.  GENERAL RULEMAKING AND ENFORCEMENT
  AUTHORITY. (a) The executive director shall administer and
  enforce this chapter.
         (b)  The commission [board] may:
               (1)  [adopt and enforce rules necessary to perform the
  board's duties under this chapter;
               [(2)]  establish standards of conduct and ethics for
  license holders; and
               (2) [(3)]  ensure strict compliance with and
  enforcement of this chapter.
         [(b)     In adopting rules under this section, the board shall
  consider the rules and procedures of the department.   The board
  shall adopt procedural rules, which may not be inconsistent with
  similar rules and procedures of the department.]
         (c)  The commission [board] by rule may define a term not
  defined under Section 505.002 if a definition is necessary to
  administer or enforce this chapter.
         (d) [(e)]  For each type of license issued under this
  chapter, the commission [board] shall establish:
               (1)  the minimum eligibility requirements;
               (2)  educational requirements;
               (3)  professional experience criteria;
               (4)  supervision requirements; and
               (5)  independent practice criteria.
         (e) [(f)]  The commission [board] shall establish procedures
  for recognition of independent practice.
         SECTION 63.  Section 505.205, Occupations Code, is amended
  to read as follows:
         Sec. 505.205.  ROSTER OF LICENSE HOLDERS. (a) The
  department [board] shall prepare and publish at its discretion a
  roster that contains the name and address of each person licensed
  under this chapter.
         (b)  The department [board] shall mail a copy of the roster
  to each license holder.
         (c)  The department [board] may not include in the roster the
  name and address of a person who is delinquent in the payment of a
  fee required under this chapter on the date the roster is sent for
  printing.
         SECTION 64.  Section 505.206, Occupations Code, is amended
  to read as follows:
         Sec. 505.206.  ROSTER OF INDEPENDENT SOCIAL WORKERS. The
  department [board] shall publish a roster of persons recognized
  under Section 505.307 as qualified for the independent practice of
  social work.
         SECTION 65.  Section 505.301, Occupations Code, is amended
  to read as follows:
         Sec. 505.301.  ESTABLISHMENT OF SPECIALTY AREA. (a) The
  commission [board] may establish within the scope of social work
  practice and this chapter specialty areas of social work for
  license holders under this chapter who are licensed in good
  standing if establishment of the specialty areas:
               (1)  is necessary to promote the public interest; and
               (2)  assists the public in identifying qualified
  persons in a social work practice specialty.
         (b)  The commission [board] may not authorize a specialty
  area within the practice of social work unless the commission
  [board] sets the minimum qualifications for social work practice
  with appropriate supervision and examination [, as determined by
  the board].
         (c)  The commission [board] may not establish a specialty
  area of social work or a specialty area identification that
  conflicts with a state licensing law.
         SECTION 66.  Section 505.302(a), Occupations Code, is
  amended to read as follows:
         (a)  In establishing a specialty area of social work, the
  commission [board] shall:
               (1)  define the scope of the specialty;
               (2)  establish qualifications for specialty area
  practitioners that describe, in accordance with Subdivision (1),
  the scope of the specialty area;
               (3)  adopt rules of conduct to ensure strict compliance
  with and enforcement of this chapter; and
               (4)  adopt rules for the suspension or revocation of an
  order of recognition of specialty.
         SECTION 67.  Sections 505.303(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  The commission [board] shall establish a specialty area
  for the practice of clinical social work that is available only to a
  licensed master social worker who satisfies the minimum number of
  years of active social work practice with appropriate supervision
  and clinical examination, as determined by the commission [board].
         (c)  For purposes of Subchapter C, Chapter 1451, Insurance
  Code:
               (1)  a person recognized as qualified for the
  independent practice of clinical social work may use the title
  "Licensed Clinical Social Worker" or another title approved by the
  commission [board]; and
               (2)  a commission-approved [board-approved] title
  under this subsection has the same meaning and effect as the title
  "Licensed Clinical Social Worker."
         SECTION 68.  Section 505.304, Occupations Code, is amended
  to read as follows:
         Sec. 505.304.  ORDER OF RECOGNITION OF SPECIALTY. (a) The
  commission [board] shall prescribe the name, design, and content of
  an order of recognition of specialty.
         (b)  An order of recognition of specialty must:
               (1)  state the full name of the person recognized in the
  order; and
               (2)  state the official specialty serial number [;
               [(3)  include the presiding officer's signature; and
               [(4)  include the board's official seal].
         SECTION 69.  Section 505.305, Occupations Code, is amended
  to read as follows:
         Sec. 505.305.  RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
  (a) The department [board] shall recognize a social worker as
  qualified for the practice of a specialty area of social work if the
  social worker satisfies the recognition requirements established
  by the commission [board] and the department [board] determines
  that the person is worthy of the public trust in performing services
  within the scope of the specialty area.
         (b)  The department [board] shall issue an order of
  recognition of specialty to a social worker who is recognized as
  qualified for the practice of a specialty area of social work. The
  order of recognition of specialty evidences the state's recognition
  of the social worker as a specialty social work practitioner under
  the identification or title designated by the commission [board].
         SECTION 70.  Section 505.306, Occupations Code, is amended
  to read as follows:
         Sec. 505.306.  PROHIBITED USE OF SPECIALTY AREA
  IDENTIFICATION OR TITLE. If the commission [board] establishes a
  specialty area of social work, a social worker may not use the
  specialty area identification or title designated by the commission
  [board] unless the person is recognized as qualified for the
  practice of the specialty area under this chapter.
         SECTION 71.  Section 505.307, Occupations Code, is amended
  to read as follows:
         Sec. 505.307.  INDEPENDENT PRACTICE RECOGNITION; MINIMUM
  QUALIFICATIONS. (a) The commission [board] shall establish
  procedures for recognizing a social worker qualified for the
  independent practice of social work.
         (b)  A social worker may not be recognized as qualified for
  the independent practice of social work unless the person satisfies
  the requirements of social work education, experience, and
  supervision as determined by the commission [board].
         SECTION 72.  Section 505.352, Occupations Code, is amended
  to read as follows:
         Sec. 505.352.  LICENSE APPLICATION. A person may apply for a
  license under this chapter by submitting an application to the
  department [board]. The application must:
               (1)  be in the manner and on a form prescribed by the
  executive director [board]; and
               (2)  contain statements made under oath regarding the
  applicant's education and experience and any other information
  required by the department [board] that qualifies the applicant for
  a license.
         SECTION 73.  Section 505.353, Occupations Code, is amended
  to read as follows:
         Sec. 505.353.  ELIGIBILITY. (a) To be eligible for a
  license under this chapter, an applicant must:
               (1)  be at least 18 years of age;
               (2)  be worthy of the public trust and confidence;
               (3)  satisfy the education and experience requirements
  under this section; and
               (4)  pass the licensing examination conducted by the
  department [board] under Section 505.354 and the jurisprudence
  examination conducted by the department [board] under Section
  505.3545.
         (b)  An applicant may take the licensing examination
  conducted by the department [board] under Section 505.354 for:
               (1)  a master social worker license if the applicant
  possesses a doctoral or master's degree in social work from a
  graduate program that is accredited by or is in candidacy for
  accreditation by the Council on Social Work Education;
               (2)  a baccalaureate social worker license if the
  applicant possesses a baccalaureate degree in social work from an
  educational program that is accredited by or is in candidacy for
  accreditation by the Council on Social Work Education; or
               (3)  a clinical social worker license if the applicant
  possesses a doctoral or master's degree in social work from an
  accredited graduate program approved by the commission [board] and
  meets the qualifications for clinical social work practice [as
  determined by the board] under this chapter.
         (c)  The department [board] may require an applicant to
  submit documentary evidence of the quality, scope, and nature of
  the applicant's experience and competence to:
               (1)  determine the credibility and acceptability of the
  applicant's professional or technical experience or competence;
  and
               (2)  ensure the public safety, health, and welfare.
         SECTION 74.  Sections 505.354(a), (b), and (e), Occupations
  Code, are amended to read as follows:
         (a)  The department [board], at least once each calendar
  year, shall prepare and administer an examination to assess an
  applicant's qualifications for a license under this chapter.
         (b)  Each license examination shall be conducted in a manner
  that is determined by the department [board] and is fair and
  impartial to each applicant and school or system of social work.
         (e)  The department [board] shall have the written portion of
  the examination, if any, validated by an independent testing
  entity.
         SECTION 75.  Section 505.3545, Occupations Code, is amended
  to read as follows:
         Sec. 505.3545.  JURISPRUDENCE EXAMINATION. (a) The
  department [board] shall develop and administer at least twice each
  calendar year a jurisprudence examination to determine an
  applicant's knowledge of this chapter, [board] rules adopted under
  this chapter, and any other applicable laws of this state affecting
  the applicant's social work practice.
         (b)  The commission [board] shall adopt rules to implement
  this section, including rules related to the development and
  administration of the examination, examination fees, guidelines
  for reexamination, grading the examination, and providing notice of
  examination results.
         SECTION 76.  Section 505.356, Occupations Code, is amended
  to read as follows:
         Sec. 505.356.  REEXAMINATION. The commission [board] by
  rule shall establish:
               (1)  a limit on the number of times an applicant who
  fails an examination may retake the examination;
               (2)  the requirements for retaking an examination; and
               (3)  alternative methods of examining applicants'
  competency.
         SECTION 77.  Section 505.3575, Occupations Code, is amended
  to read as follows:
         Sec. 505.3575.  ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE
  APPLICANTS. (a) Notwithstanding any other licensing requirement
  of this subchapter:
               (1)  the department [board] may not require an
  applicant who is licensed in good standing in another state to pass
  a licensing examination conducted [by the board] under Section
  505.354 if an applicant with substantially equivalent experience
  who resides in this state would not be required to take the
  licensing examination; and
               (2)  the department [board] may issue a license to an
  applicant who is currently licensed in another state to
  independently practice social work if:
                     (A)  after an assessment, the department [board]
  determines that the applicant:
                           (i)  demonstrates sufficient experience and
  competence;
                           (ii)  has passed the jurisprudence
  examination conducted [by the board] under Section 505.3545; and
                           (iii)  at the time of the application, is in
  good standing with the regulatory agency of the state in which the
  applicant is licensed; and
                     (B)  the applicant presents to the department
  [board] credentials that the applicant obtained from a national
  accreditation organization and the department [board] determines
  that the requirements to obtain the credentials are sufficient to
  minimize any risk to public safety.
         (b)  When assessing the experience and competence of an
  applicant for the purposes of this section, the department [board]
  may take into consideration any supervision received by the
  applicant in another state or jurisdiction if the department
  [board] determines that the supervision would be taken into
  consideration for the purpose of licensing or certification in the
  state or jurisdiction in which the applicant received the
  supervision.
         SECTION 78.  Section 505.358, Occupations Code, is amended
  to read as follows:
         Sec. 505.358.  PROVISIONAL LICENSE. (a) A person may apply
  for a provisional license as a social worker by paying the
  appropriate fee and filing an application with the department in
  the manner and on a form prescribed by the executive director
  [board]. The department [board] may issue a provisional license to
  a person who meets the requirements of this section.
         (b)  An applicant for a provisional license must:
               (1)  be licensed or certified in good standing as a
  social worker in another state that has licensing or certification
  requirements determined by the department [board] to be
  substantially equivalent to the requirements of this chapter;
               (2)  have passed a national or other examination
  recognized by the commission [board] relating to the practice of
  social work; and
               (3)  be sponsored by a person licensed under this
  chapter with whom the provisional license holder may practice
  social work.
         (c)  An applicant is not required to comply with Subsection
  (b)(3) if the department [board] determines that compliance
  constitutes a hardship to the applicant.
         (d)  A provisional license is valid until the date the
  department [board] approves or denies the provisional license
  holder's application for a license under Section 505.359.
         SECTION 79.  Section 505.359, Occupations Code, is amended
  to read as follows:
         Sec. 505.359.  ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
  HOLDER. (a) The department [board] shall issue an appropriate
  license to a provisional license holder:
               (1)  who passes the licensing examination under Section
  505.354 and the jurisprudence examination under Section 505.3545;
               (2)  for whom the department [board] verifies that the
  person satisfies the academic and experience requirements under
  Section 505.353; and
               (3)  who satisfies any other license requirements under
  this chapter.
         (b)  The department [board] shall complete the processing of
  a provisional license holder's application for a license not later
  than the 180th day after the date the provisional license is issued
  or the date licenses are issued after successful completion of the
  next licensing and jurisprudence examinations, whichever date is
  later.
         (c)  The department [board] may waive a license requirement
  for an applicant who is licensed or certified in another state if
  this state has entered into a reciprocity agreement with that
  state.
         SECTION 80.  The heading to Subchapter H, Chapter 505,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER H. TERM [RENEWAL] OF LICENSE OR [AND] ORDER OF
  RECOGNITION OF SPECIALTY
         SECTION 81.  Section 505.401, Occupations Code, is amended
  to read as follows:
         Sec. 505.401.  TERM OF LICENSE OR ORDER OF RECOGNITION OF
  SPECIALTY [; STAGGERED EXPIRATION DATES]. [(a)]  A license or order
  of recognition of specialty issued under this chapter is valid for
  two years.
         [(a-1)     The board by rule shall adopt a system under which
  licenses and orders of recognition of specialty expire on various
  dates during the year.
         [(b)     In the year in which the expiration date of an order of
  recognition of specialty is changed, the total renewal fee is
  payable.]
         SECTION 82.  Section 505.405, Occupations Code, is amended
  to read as follows:
         Sec. 505.405.  GROUNDS FOR REFUSING RENEWAL. The department
  [board] may refuse to renew the license of a person who fails to pay
  an administrative penalty imposed under Subchapter F, Chapter 51,
  [K] unless enforcement of the penalty is stayed or a court has
  ordered that the administrative penalty is not owed.
         SECTION 83.  The heading to Subchapter I, Chapter 505,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER I. DENIAL OF LICENSE OR ORDER; [AND] DISCIPLINARY
  ACTIONS [PROCEDURES]
         SECTION 84.  Section 505.451, Occupations Code, is amended
  to read as follows:
         Sec. 505.451.  GROUNDS FOR DENIAL OF LICENSE OR ORDER OF
  RECOGNITION OF SPECIALTY; DISCIPLINARY ACTION. The commission or
  executive director [board] shall deny an application for a license
  or order of recognition of specialty and shall revoke or suspend,
  including a suspension on an emergency basis, a license or order,
  place a holder of a license or order that has been suspended on
  probation, refuse to renew a person's license, or reprimand a
  holder of a license or order for:
               (1)  violating this chapter or a rule adopted [by the
  board] under this chapter;
               (2)  circumventing or attempting to circumvent the
  requirements of this chapter or a rule adopted [by the board] under
  this chapter;
               (3)  directly or indirectly participating in a scheme
  to evade the requirements of this chapter or a rule adopted [by the
  board] under this chapter;
               (4)  engaging in unethical conduct;
               (5)  engaging in conduct that discredits or tends to
  discredit the social work profession;
               (6)  performing an act, allowing an omission, or making
  an assertion or representation that is fraudulent, deceitful, or
  misleading or that tends to create a misleading impression;
               (7)  knowingly associating with or permitting the use
  of a license holder's professional services or identification in
  connection with an enterprise that the person knows or should have
  known in the exercise of reasonable diligence violates this chapter
  or a rule adopted [by the board] under this chapter;
               (8)  knowingly associating with or permitting the use
  of a license holder's name, professional services or
  identification, or endorsement in connection with an enterprise
  that the person knows or should have known in the exercise of
  reasonable diligence is a trade, business, or professional practice
  of a fraudulent, deceitful, or misleading nature;
               (9)  directly or indirectly revealing or causing to be
  revealed a confidential communication transmitted to the license
  holder by a client or other recipient of the license holder's
  services unless revealing the communication is required by law;
               (10)  having been denied an application for a license
  or certificate to practice social work in another jurisdiction for
  a reason that the commission or executive director [board]
  determines would be a violation of this chapter or a rule adopted
  [by the board] under this chapter;
               (11)  holding a license or certificate in another
  jurisdiction that is suspended or revoked for a reason that the
  commission or executive director [board] determines would be a
  violation of this chapter or a rule adopted [by the board] under
  this chapter;
               (12)  having been convicted of a felony in this state,
  another state, or the United States;
               (13)  refusing to perform an act or service within the
  scope of the license holder's license solely because of the
  recipient's age, sex, race, religion, national origin, color, or
  political affiliation; or
               (14)  committing an act for which liability exists
  under Chapter 81, Civil Practice and Remedies Code.
         SECTION 85.  Section 505.454, Occupations Code, is amended
  to read as follows:
         Sec. 505.454.  SANCTIONS FOR HOLDER OF EXPIRED LICENSE OR
  ORDER OF RECOGNITION OF SPECIALTY. [(a)] A person who holds an
  expired license or order of recognition of specialty under this
  chapter is subject to a sanction under this chapter if the
  commission or executive director [board] determines that the person
  violated this chapter or a rule adopted [by the board] under this
  chapter during the period in which the license or order was valid.
         [(b)     Sections 505.455(b) and (c) and 505.456 apply to a
  disciplinary proceeding against a person under this section.]
         SECTION 86.  Section 505.458, Occupations Code, is amended
  to read as follows:
         Sec. 505.458.  REFUND. (a) Subject to Subsection (b), the
  commission or executive director [board] may order a license holder
  to pay a refund to a consumer as provided in an agreement resulting
  from an informal settlement conference instead of or in addition to
  imposing an administrative penalty under this chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to the license holder for a
  service regulated by this chapter.  The commission or executive
  director [board] may not require payment of other damages or
  estimate harm in a refund order.
         SECTION 87.  Section 505.504, Occupations Code, is amended
  to read as follows:
         Sec. 505.504.  CIVIL PENALTY. (a) A person who violates or
  threatens to violate this chapter, a rule adopted [by the board]
  under this chapter, or an order issued [by the board or department]
  under this chapter is liable to the state for a civil penalty of not
  less than $50 or more than $500 for each day of violation.
         (b)  At the request of the commission or executive director
  [board or department], the attorney general shall initiate and
  conduct an action in a district court in the state's name to obtain
  a civil penalty under this section.
         SECTION 88.  Section 505.505, Occupations Code, is amended
  to read as follows:
         Sec. 505.505.  APPEAL BOND NOT REQUIRED. The [board or]
  department is not required to post an appeal bond in any action
  arising under this chapter.
         SECTION 89.  Section 505.506, Occupations Code, is amended
  to read as follows:
         Sec. 505.506.  REPRESENTATION BY ATTORNEY GENERAL. The
  attorney general shall represent the [board or] department in an
  action brought to enforce this chapter.
         SECTION 90.  Section 411.122(d), Government Code, is amended
  to read as follows:
         (d)  The following state agencies are subject to this
  section:
               (1)  Texas Appraiser Licensing and Certification
  Board;
               (2)  Texas Board of Architectural Examiners;
               (3)  Texas Board of Chiropractic Examiners;
               (4)  State Board of Dental Examiners;
               (5)  Texas Board of Professional Engineers;
               (6)  Texas Funeral Service Commission;
               (7)  Texas Board of Professional Geoscientists;
               (8)  Department of State Health Services, except as
  provided by Section 411.110[, and agencies attached to the
  department, including:
                     [(A)     Texas State Board of Examiners of
  Dietitians;
                     [(B)     Texas State Board of Examiners of Marriage
  and Family Therapists;
                     [(C)  Midwifery Board;
                     [(D)     Texas State Perfusionist Advisory
  Committee;
                     [(E)     Texas State Board of Examiners of
  Professional Counselors;
                     [(F)     Texas State Board of Social Worker
  Examiners;
                     [(G)     State Board of Examiners for
  Speech-Language Pathology and Audiology;
                     [(H)  Advisory Board of Athletic Trainers;
                     [(I)     State Committee of Examiners in the Fitting
  and Dispensing of Hearing Instruments;
                     [(J)     Texas Board of Licensure for Professional
  Medical Physicists; and
                     [(K)  Texas Board of Orthotics and Prosthetics];
               (9)  Texas Board of Professional Land Surveying;
               (10)  Texas Department of Licensing and Regulation,
  except as provided by Section 411.093;
               (11)  Texas Commission on Environmental Quality;
               (12)  Texas Board of Occupational Therapy Examiners;
               (13)  Texas Optometry Board;
               (14)  Texas State Board of Pharmacy;
               (15)  Texas Board of Physical Therapy Examiners;
               (16)  Texas State Board of Plumbing Examiners;
               (17)  Texas State Board of Podiatric Medical Examiners;
               (18)  Texas State Board of Examiners of Psychologists;
               (19)  Texas Real Estate Commission;
               (20)  Texas Department of Transportation;
               (21)  State Board of Veterinary Medical Examiners;
               (22)  Texas Department of Housing and Community
  Affairs;
               (23)  secretary of state;
               (24)  state fire marshal;
               (25)  Texas Education Agency;
               (26)  Department of Agriculture; and
               (27)  Texas Department of Motor Vehicles.
         SECTION 91.  Section 36.132(a)(2), Human Resources Code, is
  amended to read as follows:
               (2)  "Licensing authority" means:
                     (A)  the Texas Medical Board;
                     (B)  the State Board of Dental Examiners;
                     (C)  the Texas State Board of Examiners of
  Psychologists;
                     (D)  [the Texas State Board of Social Worker
  Examiners;
                     [(E)]  the Texas Board of Nursing;
                     (E) [(F)]  the Texas Board of Physical Therapy
  Examiners;
                     (F) [(G)]  the Texas Board of Occupational
  Therapy Examiners; or
                     (G) [(H)]  another state agency authorized to
  regulate a provider who receives or is eligible to receive payment
  for a health care service under the Medicaid program.
         SECTION 92.  Sections 1451.001(4), (9), (10), and (11),
  Insurance Code, are amended to read as follows:
               (4)  "Chemical dependency counselor" means an
  individual licensed under Chapter 504, Occupations Code [by the
  Texas Commission on Alcohol and Drug Abuse].
               (9)  "Licensed clinical social worker" means an
  individual licensed by the Texas Department of Licensing and
  Regulation [State Board of Social Worker Examiners] as a licensed
  clinical social worker.
               (10)  "Licensed professional counselor" means an
  individual licensed under Chapter 503, Occupations Code [by the
  Texas State Board of Examiners of Professional Counselors].
               (11)  "Marriage and family therapist" means an
  individual licensed under Chapter 502, Occupations Code [by the
  Texas State Board of Examiners of Marriage and Family Therapists].
         SECTION 93.  Section 110.001(7), Occupations Code, is
  amended to read as follows:
               (7)  "Sex offender treatment provider" means a person,
  licensed by the council and recognized based on training and
  experience to provide assessment and treatment to adult sex
  offenders or juveniles with sexual behavioral problems who have
  been convicted, adjudicated, awarded deferred adjudication, or
  referred by a state agency or a court, and licensed in this state to
  practice as a physician, psychiatrist, psychologist, psychological
  associate, provisionally licensed psychologist, licensed
  professional counselor, licensed professional counselor intern,
  licensed marriage and family therapist, licensed marriage and
  family associate, licensed clinical social worker, licensed master
  social worker under a clinical supervision plan approved by the
  Texas Department of Licensing and Regulation [State Board of Social
  Worker Examiners], or advanced practice nurse recognized as a
  psychiatric clinical nurse specialist or psychiatric mental health
  nurse practitioner, who provides mental health or medical services
  for rehabilitation of sex offenders.
         SECTION 94.  Section 411.1105, Government Code, is repealed.
         SECTION 95.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 502.002(1);
               (2)  Section 502.003;
               (3)  Subchapter B, Chapter 502;
               (4)  Subchapter C, Chapter 502;
               (5)  Section 502.152;
               (6)  Section 502.153;
               (7)  Section 502.154;
               (8)  Section 502.155;
               (9)  Section 502.156;
               (10)  Section 502.1565;
               (11)  Section 502.158;
               (12)  Section 502.161;
               (13)  Section 502.162;
               (14)  Section 502.163;
               (15)  Subchapter E, Chapter 502;
               (16)  Section 502.255;
               (17)  Section 502.258;
               (18)  Section 502.260;
               (19)  Sections 502.301(b), (c), (d), and (e);
               (20)  Section 502.302;
               (21)  Section 502.303;
               (22)  Section 502.352;
               (23)  Section 502.353;
               (24)  Section 502.354;
               (25)  Section 502.355;
               (26)  Section 502.356;
               (27)  Subchapter I, Chapter 502;
               (28)  Section 502.451;
               (29)  Section 502.452;
               (30)  Section 502.455;
               (31)  Section 503.005;
               (32)  Subchapter C, Chapter 503;
               (33)  Subchapter D, Chapter 503;
               (34)  Section 503.202;
               (35)  Section 503.203;
               (36)  Section 503.204;
               (37)  Section 503.2045;
               (38)  Section 503.205;
               (39)  Section 503.209;
               (40)  Section 503.210;
               (41)  Section 503.211;
               (42)  Subchapter F, Chapter 503;
               (43)  Section 503.306;
               (44)  Section 503.308;
               (45)  Section 503.312;
               (46)  Section 503.352;
               (47)  Section 503.353;
               (48)  Section 503.354;
               (49)  Section 503.355;
               (50)  Section 503.356;
               (51)  Sections 503.401(c) and (d);
               (52)  Section 503.402;
               (53)  Section 503.403;
               (54)  Section 503.404;
               (55)  Section 503.405;
               (56)  Section 503.406;
               (57)  Section 503.451;
               (58)  Section 503.454;
               (59)  Subchapter K, Chapter 503;
               (60)  Section 504.0515;
               (61)  Section 504.053;
               (62)  Section 504.054;
               (63)  Section 504.056;
               (64)  Subchapter C, Chapter 504;
               (65)  Sections 504.157(a) and (b);
               (66)  Section 504.158(c);
               (67)  Section 504.160;
               (68)  Section 504.161;
               (69)  Section 504.202;
               (70)  Section 504.203;
               (71)  Section 504.204;
               (72)  Section 504.205(a);
               (73)  Section 504.252;
               (74)  Section 504.2525;
               (75)  Section 504.253;
               (76)  Section 504.254;
               (77)  Subchapter G, Chapter 504;
               (78)  Section 505.005;
               (79)  Subchapter B, Chapter 505;
               (80)  Subchapter C, Chapter 505;
               (81)  Section 505.202;
               (82)  Section 505.203;
               (83)  Section 505.204;
               (84)  Section 505.209;
               (85)  Section 505.210;
               (86)  Section 505.211;
               (87)  Subchapter E, Chapter 505;
               (88)  Section 505.355;
               (89)  Section 505.357;
               (90)  Section 505.402;
               (91)  Section 505.403;
               (92)  Section 505.404;
               (93)  Section 505.452;
               (94)  Section 505.453;
               (95)  Section 505.455;
               (96)  Section 505.456;
               (97)  Section 505.457;
               (98)  Section 505.501;
               (99)  Section 505.503;
               (100)  Section 505.508; and
               (101)  Subchapter K, Chapter 505.
         SECTION 96.  (a) A rule or fee of the Department of State
  Health Services that relates to a program transferred under this
  Act and that is in effect on the effective date of this Act remains
  in effect until changed by the Texas Commission of Licensing and
  Regulation.
         (b)  A license, registration, or certification issued by the
  Department of State Health Services relating to a program
  transferred under this Act is continued in effect as a license,
  registration, or certification of the Texas Department of Licensing
  and Regulation after the effective date of this Act.
         (c)  A complaint, investigation, contested case, or other
  proceeding before the Department of State Health Services relating
  to a program transferred under this Act that is pending on the
  effective date of this Act is transferred without change in status
  to the Texas Commission of Licensing and Regulation or Texas
  Department of Licensing and Regulation, as appropriate.
         SECTION 97.  (a) 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 orderly transfer of powers,
  duties, functions, programs, and activities under this Act. The
  transition plan must provide for each program to be transferred on
  or before September 1, 2018.
         (b)  The Department of State Health Services shall provide
  the Texas Department of Licensing and Regulation with access to any
  systems or information necessary for the Texas Department of
  Licensing and Regulation to accept a program transferred under this
  Act.
         (c)  On the date specified in the transition plan required
  under Subsection (a) of this section for the transfer of a
  particular program to the Texas Department of Licensing and
  Regulation, if applicable, the existing board associated with the
  program is abolished.
         (d)  On the date specified in the transition plan required
  under Subsection (a) of this section for the transfer of a
  particular program to the Texas Department of Licensing and
  Regulation, all full-time equivalent employee positions at the
  Department of State Health Services that primarily concern the
  administration or enforcement of the program being transferred
  become positions at the Texas Department of Licensing and
  Regulation. The Texas Department of Licensing and Regulation shall
  post the positions for hiring and, when filling the positions,
  shall give consideration to, but is not required to hire, an
  applicant who, immediately before the date of the transfer, was an
  employee at the Department of State Health Services primarily
  involved in administering or enforcing the transferred program.
         SECTION 98.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 99.  This Act takes effect September 1, 2017.