81R10126 NC-F
By: Williams S.B. No. 1428
A BILL TO BE ENTITLED
AN ACT
relating to the power of the Texas Department of Licensing and
Regulation to issue emergency orders and temporary and emergency
licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 51, Occupations Code, is
amended by adding Section 51.3511 to read as follows:
Sec. 51.3511. ISSUANCE OF EMERGENCY ORDERS. (a) If the
executive director determines that an emergency exists requiring
immediate action to protect the public health and safety, the
executive director may issue an emergency order to:
(1) suspend or revoke a license or other authorization
issued under a program regulated by the department; or
(2) halt operation of an unsafe facility or unsafe
equipment that is subject to regulation by the department.
(b) The executive director may issue an emergency order with
or without notice and hearing as the executive director considers
practicable under the circumstances.
(c) If an emergency order is issued under this section
without a hearing, the executive director shall set the time and
place for a hearing conducted by the State Office of Administrative
Hearings to affirm, modify, or set aside the emergency order not
later than the 10th day after the date the order was issued. The
order shall be affirmed to the extent that reasonable cause existed
to issue the order.
(d) The commission by rule may prescribe procedures for the
determination and appeal of an emergency order issued under this
section, including a rule allowing the commission to affirm,
modify, or set aside a decision made by the State Office of
Administrative Hearings under Subsection (c).
(e) A proceeding under this section is a contested case
under Chapter 2001, Government Code.
SECTION 2. Subchapter H, Chapter 51, Occupations Code, is
amended by adding Sections 51.407 and 51.408 to read as follows:
Sec. 51.407. TEMPORARY LICENSE. (a) The commission by rule
may provide for the issuance of a temporary license to an applicant
who:
(1) submits to the executive director an application
on a form prescribed by the executive director;
(2) meets preliminary qualifications established by
commission rule; and
(3) pays any required fees.
(b) A temporary license issued under this section expires on
the 21st day after the date of issuance and may not be renewed.
(c) A temporary license holder is subject to:
(1) this chapter;
(2) any law applicable to the activity for which the
license is required; and
(3) any rule of the commission or the executive
director applicable to the license.
Sec. 51.408. EMERGENCY LICENSE. (a) The executive
director may issue an emergency license to a person who meets
eligibility requirements provided by:
(1) a law establishing a regulatory program
administered by the department; or
(2) a rule adopted to implement this section.
(b) An emergency license issued under this section expires
on the date indicated by the executive director, but not later than
the 90th day after the date the license is issued.
(c) The emergency license holder may engage in the
activities authorized by the type of license only:
(1) during a period in which a state of disaster has
been declared and the following recovery period; and
(2) in an area designated as a disaster area under
Chapter 418, Government Code.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.