82R20197 MCK-F
By: Callegari H.B. No. 1618
Substitute the following for H.B. No. 1618:
By: Frullo C.S.H.B. No. 1618
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. Chapter 325, Government Code, is amended by
adding Section 325.0115 to read as follows:
Sec. 325.0115. CRITERIA FOR REVIEW OF CERTAIN AGENCIES.
(a) In this section:
(1) "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.
(2) "Public interest" means protection from a present
and recognizable harm to public health, safety, or welfare. The
term does not include speculative threats, or other
non-demonstrable menaces to public health, safety, or welfare. For
the purposes of this subdivision, the term "welfare" includes the
financial health of the public when the absence of governmental
regulation unreasonably increases risk and liability to broad
classes of consumers.
(b) In an assessment of an agency that licenses an
occupation or profession, the commission and its staff shall
consider:
(1) whether the occupational licensing program:
(A) serves a meaningful, defined public
interest; and
(B) provides the least restrictive form of
regulation that will adequately protect the public interest;
(2) 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;
(3) the extent to which licensing criteria, if
applicable, ensure that applicants have occupational skill sets or
competencies that correlate with a public interest and the impact
that those criteria have on applicants, particularly those with
moderate or low incomes, seeking to enter the occupation or
profession; and
(4) the impact of the regulation, including the extent
to which the program stimulates or restricts competition and
affects consumer choice and the cost of services.
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 member of the legislature 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. A request under this
section must be submitted not later than December 31 of an
odd-numbered year. The commission's chair may, on the
recommendation of the executive director, deny a request for review
under this section.
(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
be inconsistent with the public interest as defined by Section
325.0115;
(2) the public can reasonably be expected to benefit
from an assurance of initial and continuing professional skill sets
or competencies; 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 proposed legislation.
SECTION 3. This Act takes effect September 1, 2011.