87R12887 DRS-F

By: Smith, Oliverson H.B. No. 2380

Substitute the following for H.B. No. 2380:

By: Klick C.S.H.B. No. 2380

A BILL TO BE ENTITLED

AN ACT

relating to participation by videoconference at informal proceedings of the Texas Medical Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 164.003, Occupations Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) A license holder may reply to the staff's presentation and present facts under Subsection (c) by videoconference under Section 164.0033.

SECTION 2. Subchapter A, Chapter 164, Occupations Code, is amended by adding Section 164.0033 to read as follows:

Sec. 164.0033. APPEARANCE BY VIDEOCONFERENCE IN INFORMAL PROCEEDINGS. (a) Notwithstanding any other law, and subject to Section 164.003(b), the board may hold informal proceedings under this chapter by videoconference or, if a respondent is unable to participate by videoconference, by telephone conference call.

(b) The board may authorize the board's legal counsel, a member of the board's staff, or any other person authorized or required to participate in informal proceedings under this chapter to participate by videoconference.

(c) The board shall adopt procedures for holding informal proceedings by videoconference that ensure that each participant is clearly visible and audible while that participant is speaking.

SECTION 3. Section 164.004, Occupations Code, is amended by adding Subsection (c) to read as follows:

(c) A license holder's appearance at an informal meeting by videoconference as provided by Section 164.0033 constitutes personal appearance under this section.

SECTION 4. The changes in law made by this Act apply only to informal proceedings under Chapter 164, Occupations Code, that occur on or after the effective date of this Act.

SECTION 5. 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, 2021.