| 1 | 1 | | 82R1074 JAM-D |
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| 2 | 2 | | By: Keffer H.B. No. 1164 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to enforcement actions by the Texas Board of Professional |
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| 8 | 8 | | Engineers against political subdivisions and certain public |
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| 9 | 9 | | officials. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 1001.501, Occupations Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) |
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| 14 | 14 | | Except as provided by Subsection (b), the [The] board may impose an |
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| 15 | 15 | | administrative penalty on a person who violates this chapter or a |
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| 16 | 16 | | rule adopted or order issued under this chapter. |
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| 17 | 17 | | (b) The board may not impose an administrative penalty for a |
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| 18 | 18 | | violation of this chapter on: |
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| 19 | 19 | | (1) a political subdivision of the state; or |
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| 20 | 20 | | (2) a public official or employee of the state or of a |
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| 21 | 21 | | political subdivision of the state who is not licensed under this |
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| 22 | 22 | | chapter. |
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| 23 | 23 | | SECTION 2. Subchapter L, Chapter 1001, Occupations Code, is |
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| 24 | 24 | | amended by adding Section 1001.5531 to read as follows: |
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| 25 | 25 | | Sec. 1001.5531. ENFORCEMENT ACTION PROHIBITED AGAINST |
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| 26 | 26 | | POLITICAL SUBDIVISIONS AND CERTAIN PUBLIC OFFICIALS. |
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| 27 | 27 | | Notwithstanding any other provision, the board may not take any |
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| 28 | 28 | | enforcement action for a violation of this chapter against: |
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| 29 | 29 | | (1) a political subdivision of the state; or |
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| 30 | 30 | | (2) a public official or employee of the state or of a |
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| 31 | 31 | | political subdivision of the state who is not licensed under this |
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| 32 | 32 | | chapter. |
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| 33 | 33 | | SECTION 3. (a) The change in law made by this Act applies |
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| 34 | 34 | | only to an administrative penalty assessed on or after the |
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| 35 | 35 | | effective date of this Act. An administrative penalty assessed |
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| 36 | 36 | | before the effective date of this Act is subject to the law in |
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| 37 | 37 | | effect immediately before that date, and that law is continued in |
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| 38 | 38 | | effect for that purpose. |
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| 39 | 39 | | (b) Section 1001.5531, Occupations Code, as added by this |
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| 40 | 40 | | Act, applies only to a violation for which an enforcement action is |
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| 41 | 41 | | commenced on or after the effective date of this Act, regardless of |
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| 42 | 42 | | when the violation occurred. An action commenced before the |
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| 43 | 43 | | effective date of this Act is governed by the law in effect |
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| 44 | 44 | | immediately before that date, and that law is continued in effect |
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| 45 | 45 | | for that purpose. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2011. |
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