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AN ACT
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relating to the temporary regulation of the practice of veterinary |
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medicine by the Texas Department of Licensing and Regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 801.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of |
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Veterinary Medical Examiners is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the board is abolished September 1, 2027 [2029]. |
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SECTION 2. Chapter 801, Occupations Code, is amended by |
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adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. TEMPORARY REGULATION BY TEXAS DEPARTMENT OF |
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LICENSING AND REGULATION |
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Sec. 801.021. DEFINITIONS. In this subchapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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Sec. 801.022. TEMPORARY ADMINISTRATION OF CHAPTER BY |
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DEPARTMENT; RULES. (a) Notwithstanding any other law, the |
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department shall assume all policy-making powers of the board and |
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administer this chapter. The department may contract as necessary |
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to administer this chapter. |
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(b) A power or duty granted to the board under this chapter |
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is a power or duty of the executive director of the department, the |
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department, or the commission, as applicable. |
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(c) The commission or executive director of the department |
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may delegate, or withdraw any delegation of, any power or duty under |
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this chapter to the board or the executive director of the board. |
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The delegation or withdrawal of delegation must be in writing. |
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(d) Except as provided by Section 801.024(c), the |
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commission shall adopt all rules necessary to implement this |
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chapter. |
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(e) Not later than December 31, 2026, the department shall |
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conduct a review under Section 2001.039, Government Code, of each |
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rule under 22 T.A.C. Part 24. In conducting the review under this |
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subsection, the department shall ensure that license holders and |
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the public have a meaningful opportunity to provide input and |
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recommend changes to the rules. |
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(f) The department shall propose necessary amendments to a |
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rule, or the repeal of a rule, for which the department determines |
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the board lacks a sufficient reason or authority to adopt or |
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enforce. |
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(g) For any rulemaking or contested case for which an expert |
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witness is necessary, the commission or department, as applicable, |
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may have a member of the board who is a veterinarian licensed in |
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good standing in this state serve as the expert witness. |
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Sec. 801.023. SEPARATION OF ADMINISTRATIVE FUNCTIONS OF |
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BOARD. (a) The executive director of the department shall direct |
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and may dismiss the executive director of the board. The presiding |
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officer of the commission shall appoint a replacement executive |
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director of the board if necessary. |
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(b) Subject to Subsection (a), the executive director of the |
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board is responsible for the administration of financial services, |
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human resources, and workforce development duties of the board, |
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including: |
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(1) accounts payable and accounts receivable; |
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(2) budgeting, inventory, and asset management; |
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(3) payroll; |
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(4) personnel and labor issues; |
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(5) purchasing; |
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(6) recruitment, evaluation, selection, training, and |
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promotion of personnel; |
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(7) submitting required reports regarding finances, |
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performance measures, strategic planning, legislative |
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appropriations requests, operating budgets, and similar |
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information as required by law; |
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(8) legal support services, including responding to |
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requests for public information; and |
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(9) information technology and support. |
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(c) If the department provides any of the functions listed |
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in Subsection (b), the board shall reimburse the department for |
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administrative costs incurred in providing those services. |
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Sec. 801.024. ADVISORY BOARD. (a) Notwithstanding |
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Subchapter D, the board is an advisory board to the department. |
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(b) The board, the equine dental provider advisory |
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committee, and any advisory committee appointed under Section |
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801.163 shall provide advice and recommendations to the department |
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on technical matters relevant to the administration of this |
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chapter. |
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(c) The board shall adopt rules relating to the scope of |
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practice of or a health-related standard of care for the practice of |
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the profession of veterinary medicine. |
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(d) The commission shall review each rule adopted under |
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Subsection (c) and, if the commission determines that the rule is |
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not authorized by this chapter or other law or is an unauthorized |
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anticompetitive rule, issue an order stating that determination. A |
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rule for which an order is issued under this subsection may not take |
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effect or be enforced. |
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Sec. 801.025. CONFLICT WITH OTHER LAW. (a) |
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Notwithstanding Section 51.003, to the extent of any conflict |
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between this chapter and Chapter 51, this chapter controls. |
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(b) To the extent of any conflict between this subchapter |
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and another provision of this chapter, this subchapter controls. |
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Sec. 801.026. EXPIRATION. This subchapter expires |
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September 1, 2027. |
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SECTION 3. (a) In this section: |
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(1) "Board" means the State Board of Veterinary |
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Medical Examiners. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(b) Not later than October 1, 2023, the Department of |
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Information Resources shall consult with the department and the |
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board to assess the database needs of the board and establish a plan |
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for the procurement and acquisition of a database suitable to |
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address those needs. |
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(c) Notwithstanding any other law, the board shall provide |
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the Department of Information Resources and the department with |
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access to any system, hardware, software, documents, or information |
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necessary to achieve the purposes of Subsection (b) of this |
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section. |
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(d) The provision of information under this section to the |
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Department of Information Resources or the department does not |
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waive confidentiality or privilege. |
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SECTION 4. Not later than December 1, 2024, the Texas |
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Department of Licensing and Regulation shall submit to the Sunset |
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Advisory Commission and each standing committee of the legislature |
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with primary jurisdiction over the State Board of Veterinary |
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Medical Examiners any legislative recommendations necessary to |
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improve the board's operations. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1414 passed the Senate on |
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April 3, 2023, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1414 passed the House, with |
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amendment, on May 17, 2023, by the following vote: Yeas 140, |
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Nays 2, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |