81R4463 MCK-D
By: Callegari H.B. No. 1543
A BILL TO BE ENTITLED
AN ACT
relating to the criteria for review by the Sunset Advisory
Commission of an agency that licenses an occupation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 325.011, Government Code, is amended to
read as follows:
Sec. 325.011. CRITERIA FOR REVIEW. (a) The commission and
its staff shall consider the following criteria in determining
whether a public need exists for the continuation of a state agency
or its advisory committees or for the performance of the functions
of the agency or its advisory committees:
(1) the efficiency and effectiveness with which the
agency or the advisory committee operates;
(2)(A) an identification of the mission, goals, and
objectives intended for the agency or advisory committee and of the
problem or need that the agency or advisory committee was intended
to address; and
(B) the extent to which the mission, goals, and
objectives have been achieved and the problem or need has been
addressed;
(3)(A) an identification of any activities of the
agency in addition to those granted by statute and of the authority
for those activities; and
(B) the extent to which those activities are
needed;
(4) an assessment of authority of the agency relating
to fees, inspections, enforcement, and penalties;
(5) whether less restrictive or alternative methods of
performing any function that the agency performs could adequately
protect or provide service to the public;
(6) the extent to which the jurisdiction of the agency
and the programs administered by the agency overlap or duplicate
those of other agencies, the extent to which the agency coordinates
with those agencies, and the extent to which the programs
administered by the agency can be consolidated with the programs of
other state agencies;
(7) the promptness and effectiveness with which the
agency addresses complaints concerning entities or other persons
affected by the agency, including an assessment of the agency's
administrative hearings process;
(8) an assessment of the agency's rulemaking process
and the extent to which the agency has encouraged participation by
the public in making its rules and decisions and the extent to which
the public participation has resulted in rules that benefit the
public;
(9) the extent to which the agency has complied with:
(A) federal and state laws and applicable rules
regarding equality of employment opportunity and the rights and
privacy of individuals; and
(B) state law and applicable rules of any state
agency regarding purchasing guidelines and programs for
historically underutilized businesses;
(10) the extent to which the agency issues and
enforces rules relating to potential conflicts of interest of its
employees;
(11) the extent to which the agency complies with
Chapters 551 and 552 and follows records management practices that
enable the agency to respond efficiently to requests for public
information; [and]
(12) the effect of federal intervention or loss of
federal funds if the agency is abolished; and
(13) for an agency that licenses an occupation or
profession, an assessment as to:
(A) whether the occupational licensing program:
(i) serves a meaningful, defined public
interest, particularly with regard to protecting public health,
safety, and welfare; and
(ii) provides the least restrictive form of
regulation that will adequately protect the public interest;
(B) whether the conditions that led to the
initial regulation of the occupation or profession have changed in
a way that would warrant more, less, or the same degree of
regulation;
(C) the extent to which the regulatory objective
of the occupational licensing program may be achieved through
market forces, private or industry certification and accreditation
programs, or enforcement of other law;
(D) the extent to which licensing criteria, if
applicable, ensures that applicants with occupational skill sets or
competencies that correlate with a public interest obtain a license
and the impact that those criteria have on individuals,
particularly those with moderate or low incomes, seeking to enter
the occupation or profession;
(E) the economic impact of the regulation,
including the extent to which the program stimulates or restricts
competition and affects consumer choice and the cost of services;
(F) whether the composition of the agency's board
or commission adequately represents the public interest;
(G) whether the agency encourages public
participation in its decisions or limits participation only to
people regulated by the agency;
(H) whether complaint, investigation, and
disciplinary procedures adequately protect the public; and
(I) whether final dispositions of complaints are
made in the public interest or are self-serving to the occupation or
profession.
(b) In this section, "license" means a license,
certificate, registration, permit, or other form of authorization
required by law or a state agency rule that must be obtained by an
individual to engage in a particular occupation or profession.
SECTION 2. Chapter 325, Government Code, is amended by
adding Section 325.023 to read as follows:
Sec. 325.023. PREVIEW OF PROPOSED LEGISLATION REGULATING AN
OCCUPATION. (a) A person may submit proposed legislation that
would create an occupational licensing program or significantly
affect an existing occupational licensing program to the commission
for review and analysis.
(b) If the commission reviews and analyzes legislation
proposing the regulation of an occupation, the commission shall
submit a report to the legislature before the start of the next
legislative session regarding the commission's findings on the need
for regulating the occupation and the type of regulation
recommended, if any.
(c) In analyzing legislation proposing the creation of an
occupational licensing program, the commission shall determine
whether:
(1) the unregulated practice of the occupation would
clearly harm or endanger the health, safety, or welfare of the
public;
(2) the public can reasonably be expected to benefit
from an assurance of initial and continuing professional liability;
and
(3) the public can be more effectively protected by
means other than state regulation.
(d) If the commission reviews and analyzes proposed
legislation amending an existing occupational licensing program,
the commission shall submit a report to the legislature before the
start of the next legislative session regarding the commission's
findings on the need for the amendment.
SECTION 3. This Act takes effect September 1, 2009.