|
|
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. |
|
|
|
* * * * * |