By: Johnson, et al. S.B. No. 1414
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the temporary 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. TEMPORARY 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.  TEMPORARY ADMINISTRATION OF CHAPTER BY
  DEPARTMENT; RULES.  (a) Notwithstanding any other law, the
  department shall assume all policy-making powers of the board and
  administer this chapter.  The department may contract as necessary
  to administer this chapter.
         (b)  A power or duty granted to the board under this chapter
  is a power or duty of the executive director of the department, the
  department, or the commission, as applicable.
         (c)  The commission or executive director of the department
  may delegate, or withdraw any delegation of, any power or duty under
  this chapter to the board or the executive director of the board.  
  The delegation or withdrawal of delegation must be in writing.
         (d)  The commission may not adopt a new rule relating to the
  scope of practice of or a health-related standard of care for the
  practice of the profession of veterinary medicine unless the rule
  has been proposed by the board under Section 801.024(c).  For a rule
  described by this subsection, the commission shall either adopt the
  rule as proposed or return the rule to the board for revision.
         (e)  The commission retains authority for final adoption of
  all rules and is responsible for ensuring compliance with all laws
  regarding the rulemaking process.
         (f)  Not later than December 31, 2026, the department shall
  conduct a review under Section 2001.039, Government Code, of each
  rule under 22 T.A.C. Part 24. In conducting the review under this
  subsection, the department shall ensure that license holders and
  the public have a meaningful opportunity to provide input and
  recommend changes to the rules.
         (g)  The department shall propose necessary amendments to a
  rule, or the repeal of a rule, for which the department determines
  the board lacks a sufficient reason or authority to adopt or
  enforce.
         Sec. 801.023.  SEPARATION OF ADMINISTRATIVE FUNCTIONS OF
  BOARD. (a) The executive director of the department shall direct
  and may dismiss the executive director of the board. The presiding
  officer of the commission shall appoint a replacement executive
  director of the board if necessary.
         (b)  Subject to Subsection (a), the executive director of the
  board is responsible for the administration of financial services,
  human resources, and workforce development duties of the board,
  including:
               (1)  accounts payable and accounts receivable;
               (2)  budgeting, inventory, and asset management;
               (3)  payroll;
               (4)  personnel and labor issues;
               (5)  purchasing;
               (6)  recruitment, evaluation, selection, training, and
  promotion of personnel;
               (7)  submitting required reports regarding finances,
  performance measures, strategic planning, legislative
  appropriations requests, operating budgets, and similar
  information as required by law;
               (8)  legal support services, including responding to
  requests for public information; and
               (9)  information technology and support.
         (c)  If the department provides any of the functions listed
  in Subsection (b), the board shall reimburse the department for
  administrative costs incurred in providing those services.
         Sec. 801.024.  ADVISORY BOARD. (a)  Notwithstanding
  Subchapter D, the board is an advisory board to the department.
         (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 or a health-related standard of care for
  the practice of the profession of veterinary medicine.
         Sec. 801.025.  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. 801.026.  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 of
  Information Resources shall consult with the department and the
  board 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.
         (c)  Notwithstanding any other law, the board shall provide
  the Department of Information Resources and the department with
  access to any system, hardware, software, documents, or information
  necessary to achieve the purposes of Subsection (b) of this
  section.
         (d)  The provision of information under this section to the
  Department of Information Resources or the department does not
  waive confidentiality or privilege.
         SECTION 4.  Not later than December 1, 2024, the Texas
  Department of Licensing and Regulation shall submit to the Sunset
  Advisory Commission and each standing committee of the legislature
  with primary jurisdiction over the State Board of Veterinary
  Medical Examiners any legislative recommendations necessary to
  improve the board's operations.
         SECTION 5.  This Act takes effect September 1, 2023.