Texas 2009 - 81st Regular

Texas House Bill HB1543 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4463 MCK-D
2	2	By: Callegari H.B. No. 1543
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criteria for review by the Sunset Advisory
8	8	Commission of an agency that licenses an occupation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 325.011, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 325.011. CRITERIA FOR REVIEW. (a) The commission and
13	13	its staff shall consider the following criteria in determining
14	14	whether a public need exists for the continuation of a state agency
15	15	or its advisory committees or for the performance of the functions
16	16	of the agency or its advisory committees:
17	17	(1) the efficiency and effectiveness with which the
18	18	agency or the advisory committee operates;
19	19	(2)(A) an identification of the mission, goals, and
20	20	objectives intended for the agency or advisory committee and of the
21	21	problem or need that the agency or advisory committee was intended
22	22	to address; and
23	23	(B) the extent to which the mission, goals, and
24	24	objectives have been achieved and the problem or need has been
25	25	addressed;
26	26	(3)(A) an identification of any activities of the
27	27	agency in addition to those granted by statute and of the authority
28	28	for those activities; and
29	29	(B) the extent to which those activities are
30	30	needed;
31	31	(4) an assessment of authority of the agency relating
32	32	to fees, inspections, enforcement, and penalties;
33	33	(5) whether less restrictive or alternative methods of
34	34	performing any function that the agency performs could adequately
35	35	protect or provide service to the public;
36	36	(6) the extent to which the jurisdiction of the agency
37	37	and the programs administered by the agency overlap or duplicate
38	38	those of other agencies, the extent to which the agency coordinates
39	39	with those agencies, and the extent to which the programs
40	40	administered by the agency can be consolidated with the programs of
41	41	other state agencies;
42	42	(7) the promptness and effectiveness with which the
43	43	agency addresses complaints concerning entities or other persons
44	44	affected by the agency, including an assessment of the agency's
45	45	administrative hearings process;
46	46	(8) an assessment of the agency's rulemaking process
47	47	and the extent to which the agency has encouraged participation by
48	48	the public in making its rules and decisions and the extent to which
49	49	the public participation has resulted in rules that benefit the
50	50	public;
51	51	(9) the extent to which the agency has complied with:
52	52	(A) federal and state laws and applicable rules
53	53	regarding equality of employment opportunity and the rights and
54	54	privacy of individuals; and
55	55	(B) state law and applicable rules of any state
56	56	agency regarding purchasing guidelines and programs for
57	57	historically underutilized businesses;
58	58	(10) the extent to which the agency issues and
59	59	enforces rules relating to potential conflicts of interest of its
60	60	employees;
61	61	(11) the extent to which the agency complies with
62	62	Chapters 551 and 552 and follows records management practices that
63	63	enable the agency to respond efficiently to requests for public
64	64	information; [and]
65	65	(12) the effect of federal intervention or loss of
66	66	federal funds if the agency is abolished; and
67	67	(13) for an agency that licenses an occupation or
68	68	profession, an assessment as to:
69	69	(A) whether the occupational licensing program:
70	70	(i) serves a meaningful, defined public
71	71	interest, particularly with regard to protecting public health,
72	72	safety, and welfare; and
73	73	(ii) provides the least restrictive form of
74	74	regulation that will adequately protect the public interest;
75	75	(B) whether the conditions that led to the
76	76	initial regulation of the occupation or profession have changed in
77	77	a way that would warrant more, less, or the same degree of
78	78	regulation;
79	79	(C) the extent to which the regulatory objective
80	80	of the occupational licensing program may be achieved through
81	81	market forces, private or industry certification and accreditation
82	82	programs, or enforcement of other law;
83	83	(D) the extent to which licensing criteria, if
84	84	applicable, ensures that applicants with occupational skill sets or
85	85	competencies that correlate with a public interest obtain a license
86	86	and the impact that those criteria have on individuals,
87	87	particularly those with moderate or low incomes, seeking to enter
88	88	the occupation or profession;
89	89	(E) the economic impact of the regulation,
90	90	including the extent to which the program stimulates or restricts
91	91	competition and affects consumer choice and the cost of services;
92	92	(F) whether the composition of the agency's board
93	93	or commission adequately represents the public interest;
94	94	(G) whether the agency encourages public
95	95	participation in its decisions or limits participation only to
96	96	people regulated by the agency;
97	97	(H) whether complaint, investigation, and
98	98	disciplinary procedures adequately protect the public; and
99	99	(I) whether final dispositions of complaints are
100	100	made in the public interest or are self-serving to the occupation or
101	101	profession.
102	102	(b) In this section, "license" means a license,
103	103	certificate, registration, permit, or other form of authorization
104	104	required by law or a state agency rule that must be obtained by an
105	105	individual to engage in a particular occupation or profession.
106	106	SECTION 2. Chapter 325, Government Code, is amended by
107	107	adding Section 325.023 to read as follows:
108	108	Sec. 325.023. PREVIEW OF PROPOSED LEGISLATION REGULATING AN
109	109	OCCUPATION. (a) A person may submit proposed legislation that
110	110	would create an occupational licensing program or significantly
111	111	affect an existing occupational licensing program to the commission
112	112	for review and analysis.
113	113	(b) If the commission reviews and analyzes legislation
114	114	proposing the regulation of an occupation, the commission shall
115	115	submit a report to the legislature before the start of the next
116	116	legislative session regarding the commission's findings on the need
117	117	for regulating the occupation and the type of regulation
118	118	recommended, if any.
119	119	(c) In analyzing legislation proposing the creation of an
120	120	occupational licensing program, the commission shall determine
121	121	whether:
122	122	(1) the unregulated practice of the occupation would
123	123	clearly harm or endanger the health, safety, or welfare of the
124	124	public;
125	125	(2) the public can reasonably be expected to benefit
126	126	from an assurance of initial and continuing professional liability;
127	127	and
128	128	(3) the public can be more effectively protected by
129	129	means other than state regulation.
130	130	(d) If the commission reviews and analyzes proposed
131	131	legislation amending an existing occupational licensing program,
132	132	the commission shall submit a report to the legislature before the
133	133	start of the next legislative session regarding the commission's
134	134	findings on the need for the amendment.
135	135	SECTION 3. This Act takes effect September 1, 2009.