Texas 2011 - 82nd Regular

Texas House Bill HB1618 Compare Versions

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Old	New	Differences
1	1	82R20197 MCK-F
2	2	By: Callegari H.B. No. 1618
3	3	Substitute the following for H.B. No. 1618:
4	4	By: Frullo C.S.H.B. No. 1618
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the criteria for review by the Sunset Advisory
10	10	Commission of an agency that licenses an occupation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 325, Government Code, is amended by
13	13	adding Section 325.0115 to read as follows:
14	14	Sec. 325.0115. CRITERIA FOR REVIEW OF CERTAIN AGENCIES.
15	15	(a) In this section:
16	16	(1) "License" means a license, certificate,
17	17	registration, permit, or other form of authorization required by
18	18	law or a state agency rule that must be obtained by an individual to
19	19	engage in a particular occupation or profession.
20	20	(2) "Public interest" means protection from a present
21	21	and recognizable harm to public health, safety, or welfare. The
22	22	term does not include speculative threats, or other
23	23	non-demonstrable menaces to public health, safety, or welfare. For
24	24	the purposes of this subdivision, the term "welfare" includes the
25	25	financial health of the public when the absence of governmental
26	26	regulation unreasonably increases risk and liability to broad
27	27	classes of consumers.
28	28	(b) In an assessment of an agency that licenses an
29	29	occupation or profession, the commission and its staff shall
30	30	consider:
31	31	(1) whether the occupational licensing program:
32	32	(A) serves a meaningful, defined public
33	33	interest; and
34	34	(B) provides the least restrictive form of
35	35	regulation that will adequately protect the public interest;
36	36	(2) the extent to which the regulatory objective of
37	37	the occupational licensing program may be achieved through market
38	38	forces, private or industry certification and accreditation
39	39	programs, or enforcement of other law;
40	40	(3) the extent to which licensing criteria, if
41	41	applicable, ensure that applicants have occupational skill sets or
42	42	competencies that correlate with a public interest and the impact
43	43	that those criteria have on applicants, particularly those with
44	44	moderate or low incomes, seeking to enter the occupation or
45	45	profession; and
46	46	(4) the impact of the regulation, including the extent
47	47	to which the program stimulates or restricts competition and
48	48	affects consumer choice and the cost of services.
49	49	SECTION 2. Chapter 325, Government Code, is amended by
50	50	adding Section 325.023 to read as follows:
51	51	Sec. 325.023. PREVIEW OF PROPOSED LEGISLATION REGULATING AN
52	52	OCCUPATION. (a) A member of the legislature may submit proposed
53	53	legislation that would create an occupational licensing program or
54	54	significantly affect an existing occupational licensing program to
55	55	the commission for review and analysis. A request under this
56	56	section must be submitted not later than December 31 of an
57	57	odd-numbered year. The commission's chair may, on the
58	58	recommendation of the executive director, deny a request for review
59	59	under this section.
60	60	(b) If the commission reviews and analyzes legislation
61	61	proposing the regulation of an occupation, the commission shall
62	62	submit a report to the legislature before the start of the next
63	63	legislative session regarding the commission's findings on the need
64	64	for regulating the occupation and the type of regulation
65	65	recommended, if any.
66	66	(c) In analyzing legislation proposing the creation of an
67	67	occupational licensing program, the commission shall determine
68	68	whether:
69	69	(1) the unregulated practice of the occupation would
70	70	be inconsistent with the public interest as defined by Section
71	71	325.0115;
72	72	(2) the public can reasonably be expected to benefit
73	73	from an assurance of initial and continuing professional skill sets
74	74	or competencies; and
75	75	(3) the public can be more effectively protected by
76	76	means other than state regulation.
77	77	(d) If the commission reviews and analyzes proposed
78	78	legislation amending an existing occupational licensing program,
79	79	the commission shall submit a report to the legislature before the
80	80	start of the next legislative session regarding the commission's
81	81	findings on the need for the proposed legislation.
82	82	SECTION 3. This Act takes effect September 1, 2011.