88R9550 MAW-D
 
  By: Holland H.B. No. 1560
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of the practice of veterinary medicine
  by the Texas Department of Licensing and Regulation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 801.003, Occupations Code, is amended to
  read as follows:
         Sec. 801.003.  APPLICATION OF SUNSET ACT.  The State Board of
  Veterinary Medical Examiners is subject to Chapter 325, Government
  Code (Texas Sunset Act).  Unless continued in existence as provided
  by that chapter, the board is abolished September 1, 2027 [2029].
         SECTION 2.  Chapter 801, Occupations Code, is amended by
  adding Subchapter A-1 to read as follows:
  SUBCHAPTER A-1. REGULATION BY TEXAS DEPARTMENT OF LICENSING AND
  REGULATION
         Sec. 801.021.  DEFINITIONS. In this subchapter:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (2)  "Department" means the Texas Department of
  Licensing and Regulation.
         Sec. 801.022.  ADMINISTRATION OF CHAPTER BY DEPARTMENT;
  RULES.  (a) Notwithstanding any other law, the department shall
  administer this chapter.  The department may contract with an
  independent management consultant to assist in administering this
  chapter.
         (b)  A power or duty granted to the board under this chapter
  is a power or duty of the department or commission, as applicable.
         (c)  The board may not exercise any power or duty under this
  chapter unless authorized by the commission.
         (d)  The commission may not adopt a new rule relating to the
  scope of practice of, a health-related standard of care for, or the
  ethical practice of the profession of veterinary medicine unless
  the rule has been proposed by the board under Section 801.023(c).  
  The commission shall adopt rules prescribing the procedure by which
  the board may propose rules described by this subsection.
         (e)  For each rule proposed as described by Subsection (d),
  the commission shall either adopt the rule as proposed or return the
  rule to the board for revision.  The commission retains authority
  for final adoption of all rules and is responsible for ensuring
  compliance with all laws regarding the rulemaking process.
         Sec. 801.023.  ADVISORY BOARD. (a)  Notwithstanding
  Subchapter D, the board is an advisory board to the department. The
  department may establish working groups composed of board members
  as the department considers necessary.
         (b)  The board, the equine dental provider advisory
  committee, and any advisory committee appointed under Section
  801.163 shall provide advice and recommendations to the department
  on technical matters relevant to the administration of this
  chapter.
         (c)  The board shall propose rules to the commission relating
  to the scope of practice of, a health-related standard of care for,
  and the ethical practice of the profession of veterinary medicine.
         Sec. 801.024.  CONFLICT WITH OTHER LAW. (a)
  Notwithstanding Section 51.003, to the extent of any conflict
  between this chapter and Chapter 51, this chapter controls.
         (b)  To the extent of any conflict between this subchapter
  and another provision of this chapter, this subchapter controls.
         Sec. 801.025.  EXPIRATION. This subchapter expires
  September 1, 2027.
         SECTION 3.  (a) In this section:
               (1)  "Board" means the State Board of Veterinary
  Medical Examiners.
               (2)  "Department" means the Texas Department of
  Licensing and Regulation.
         (b)  Not later than October 1, 2023, the department and the
  board shall adopt a memorandum of understanding regarding the
  regulation of the practice of veterinary medicine by the
  department. The memorandum must:
               (1)  specify the manner in which the board and board
  staff will observe and assist the department and department staff
  and receive appropriate training on implementing policies and
  procedures related to licensing, inspections, and enforcement;
               (2)  require the department and the board to consult
  with the Department of Information Resources to assess the database
  needs of the board and establish a plan for the procurement and
  acquisition of a database suitable to address those needs; and
               (3)  specify the circumstances under which the board
  may exercise a power or duty as authorized by the Texas Commission
  of Licensing and Regulation under Section 801.022(c), Occupations
  Code, as added by this Act.
         (c)  Not later than December 1, 2024, the department shall
  submit to the Sunset Advisory Commission and each standing
  committee of the legislature with primary jurisdiction over the
  board any legislative recommendations necessary to improve the
  board's operations.
         SECTION 4.  This Act takes effect September 1, 2023.