Texas 2011 - 82nd Regular

Texas House Bill HB2092 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R24766 NC-F
2	2	By: King of Taylor, Hopson H.B. No. 2092
3	3	Substitute the following for H.B. No. 2092:
4	4	By: Naishtat C.S.H.B. No. 2092
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to self-directed and semi-independent status of certain
10	10	health care regulatory agencies; making an appropriation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 301, Occupations Code, is amended by
13	13	adding Subchapter B-1 to read as follows:
14	14	SUBCHAPTER B-1. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD
15	15	Sec. 301.071. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS.
16	16	Notwithstanding any other provision of law, the board is
17	17	self-directed and semi-independent as specified by this
18	18	subchapter.
19	19	Sec. 301.072. BUDGET, REVENUES, AND EXPENSES. (a) The
20	20	executive director shall submit to the board a budget annually
21	21	using generally accepted accounting principles. Notwithstanding
22	22	any other provision of law, including the General Appropriations
23	23	Act, the budget shall be adopted and approved only by the board.
24	24	(b) The board shall be responsible for all direct and
25	25	indirect costs of the board's existence and operation. The board
26	26	may not directly or indirectly cause the general revenue fund to
27	27	incur any cost.
28	28	(c) Subject to any limitations in this chapter, the board
29	29	may set the amounts of fees, penalties, charges, and revenues
30	30	required or permitted by statute or rule as necessary for the
31	31	purpose of carrying out the functions of the board and funding the
32	32	budget adopted and approved under Subsection (a).
33	33	(d) Except as provided by Subsection (e), all fees and funds
34	34	collected by the board and any funds appropriated to the board shall
35	35	be deposited in interest-bearing deposit accounts in the Texas
36	36	Treasury Safekeeping Trust Company. The comptroller shall contract
37	37	with the board for the maintenance of the deposit accounts under
38	38	terms comparable to a contract between a commercial banking
39	39	institution and the institution's customers.
40	40	(e) The board shall annually remit $5.75 million to the
41	41	general revenue fund.
42	42	(f) Periodically, the executive director shall submit to
43	43	the board, as directed by the board, a report of the receipts and
44	44	expenditures of the board.
45	45	(g) The fiscal year for the board begins on September 1 and
46	46	ends on August 31.
47	47	Sec. 301.073. AUDITS. (a) This subchapter does not affect
48	48	the duty of the state auditor to audit the board. The state auditor
49	49	shall enter into a contract and schedule with the board to conduct
50	50	audits, including financial reports and performance audits.
51	51	(b) Not later than August 31 of each fiscal year, the board
52	52	shall remit a nonrefundable retainer to the state auditor in an
53	53	amount not less than $25,000. The board shall reimburse the state
54	54	auditor for all costs, in excess of the nonrefundable retainer
55	55	amounts paid each fiscal year, incurred in performing the audits
56	56	and shall provide to the governor a copy of any audit performed.
57	57	Sec. 301.074. RECORDS; REPORTING REQUIREMENTS. (a) The
58	58	board shall keep financial and statistical information as necessary
59	59	to disclose completely and accurately the financial condition and
60	60	results of operations of the board.
61	61	(b) Before the beginning of each regular session of the
62	62	legislature, the board shall submit to the legislature and the
63	63	governor a report describing all of the board's activities in the
64	64	previous biennium. The report must include:
65	65	(1) an audit as required by Section 301.073;
66	66	(2) a financial report of the previous fiscal year,
67	67	including reports on financial condition and results of operations;
68	68	(3) a description of all changes in fees imposed by the
69	69	board;
70	70	(4) a report on the number of examination candidates
71	71	and license holders and the programs of study and enforcement
72	72	activities of the board; and
73	73	(5) a list of all new rules adopted or repealed.
74	74	(c) In addition to the reporting requirements of Subsection
75	75	(b), not later than November 1 of each year, the board shall submit
76	76	to the governor, the committee of each house of the legislature that
77	77	has jurisdiction over appropriations, and the Legislative Budget
78	78	Board a report that contains:
79	79	(1) the salary for all board personnel and the total
80	80	amount of per diem expenses and travel expenses paid for all board
81	81	employees;
82	82	(2) the total amount of per diem expenses and travel
83	83	expenses paid for each member of the board;
84	84	(3) the board's operating plan and annual budget; and
85	85	(4) a detailed report of all revenue received and all
86	86	expenses incurred by the board in the previous 12 months.
87	87	Sec. 301.075. ABILITY TO CONTRACT. (a) To carry out and
88	88	promote the objectives of this chapter, the board may enter into
89	89	contracts and do all other acts incidental to those contracts that
90	90	are necessary for the administration of the board's affairs and for
91	91	the attainment of the board's purposes, except as limited by
92	92	Subsection (b).
93	93	(b) Any indebtedness, liability, or obligation of the board
94	94	incurred under this section may not:
95	95	(1) create a debt or other liability of this state or
96	96	another entity other than the board; or
97	97	(2) create any personal liability on the part of the
98	98	members of the board or the board's employees.
99	99	Sec. 301.076. PROPERTY. The board may:
100	100	(1) acquire by purchase, lease, gift, or any other
101	101	manner provided by law and maintain, use, and operate any real,
102	102	personal, or mixed property, or any interest in property, necessary
103	103	or convenient to the exercise of the powers, rights, privileges, or
104	104	functions of the board;
105	105	(2) sell or otherwise dispose of any real, personal,
106	106	or mixed property, or any interest in property, that the board
107	107	determines is not necessary or convenient to the exercise of the
108	108	board's powers, rights, privileges, or functions;
109	109	(3) construct, extend, improve, maintain, and
110	110	reconstruct, or cause to construct, extend, improve, maintain, and
111	111	reconstruct, and use and operate all facilities necessary or
112	112	convenient to the exercise of the powers, rights, privileges, or
113	113	functions of the board; and
114	114	(4) borrow money, as may be authorized from time to
115	115	time by an affirmative vote of a two-thirds majority of the board,
116	116	for a period not to exceed five years if necessary or convenient to
117	117	the exercise of the board's powers, rights, privileges, or
118	118	functions.
119	119	Sec. 301.077. ADMINISTRATIVE HEARINGS. (a) Not later than
120	120	August 31 of each fiscal year, the board shall remit a nonrefundable
121	121	retainer to the State Office of Administrative Hearings in an
122	122	amount not less than $50,000 for hearings conducted under this
123	123	chapter.
124	124	(b) The nonrefundable retainer shall be applied to the costs
125	125	associated with conducting the hearings. If additional costs are
126	126	incurred, the State Office of Administrative Hearings may assess
127	127	and collect from the board reasonable fees, in excess of the
128	128	nonrefundable retainer amount paid each fiscal year, associated
129	129	with conducting a hearing under this chapter.
130	130	Sec. 301.078. SUITS. (a) The office of the attorney
131	131	general shall represent the board in any litigation.
132	132	(b) Not later than August 31 of each fiscal year, the board
133	133	shall remit a nonrefundable retainer to the office of the attorney
134	134	general in an amount not less than $25,000. The nonrefundable
135	135	retainer shall be applied to any services provided to the board. If
136	136	additional litigation services are required, the attorney general
137	137	may assess and collect from the board reasonable attorney's fees,
138	138	in excess of the nonrefundable retainer amount paid each fiscal
139	139	year, associated with any litigation under this section.
140	140	Sec. 301.079. POST-PARTICIPATION LIABILITY. (a) If the
141	141	board no longer has status under this subchapter as a self-directed
142	142	semi-independent agency for any reason, the board shall be liable
143	143	for any expenses or debts incurred by the board during the time the
144	144	board was a self-directed semi-independent agency. The board's
145	145	liability under this section includes liability for any lease
146	146	entered into by the board. This state is not liable for any expense
147	147	or debt covered by this subsection, and money from the general
148	148	revenue fund may not be used to repay the expense or debt.
149	149	(b) If the board no longer has status under this subchapter
150	150	as a self-directed semi-independent agency for any reason,
151	151	ownership of any property or other asset acquired by the board
152	152	during the time the board was a self-directed semi-independent
153	153	agency, including unexpended fees in a deposit account in the Texas
154	154	Treasury Safekeeping Trust Company, shall be transferred to this
155	155	state.
156	156	Sec. 301.080. DUE PROCESS; OPEN GOVERNMENT. The board is:
157	157	(1) a governmental body for purposes of Chapters 551
158	158	and 552, Government Code; and
159	159	(2) a state agency for purposes of Chapters 2001 and
160	160	2005, Government Code.
161	161	Sec. 301.081. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM.
162	162	Employees of the board are members of the Employees Retirement
163	163	System of Texas under Chapter 812, Government Code, and the board's
164	164	transition to semi-independent status as provided by this
165	165	subchapter has no effect on the employees' membership or any
166	166	benefits under that system.
167	167	Sec. 301.082. GIFTS. (a) Notwithstanding any other law,
168	168	the board may not accept a gift, grant, or donation:
169	169	(1) from a party to an enforcement action; or
170	170	(2) to pursue a specific investigation or enforcement
171	171	action.
172	172	(b) The board must:
173	173	(1) report each gift, grant, or donation that the
174	174	board receives as a separate item in the board's report required
175	175	under Section 301.074(b); and
176	176	(2) include with the report a statement indicating the
177	177	purpose for which each gift, grant, or donation was donated and
178	178	used.
179	179	SECTION 2. Section 301.056, Occupations Code, is amended to
180	180	read as follows:
181	181	Sec. 301.056. PER DIEM; REIMBURSEMENT. (a) Each board
182	182	member is entitled to receive a per diem [as set by the General
183	183	Appropriations Act] for each day the member engages in the business
184	184	of the board.
185	185	(b) A board member is entitled to reimbursement for travel
186	186	expenses incurred while conducting board business, including
187	187	expenses for transportation, meals, and lodging[, as provided by
188	188	the General Appropriations Act].
189	189	SECTION 3. Section 301.059(c), Occupations Code, is amended
190	190	to read as follows:
191	191	(c) A person appointed to the board is entitled to
192	192	reimbursement[, as provided by the General Appropriations Act,] for
193	193	the travel expenses incurred in attending the training program
194	194	regardless of whether the attendance at the program occurs before
195	195	or after the person qualifies for office.
196	196	SECTION 4. Section 301.155(a), Occupations Code, is amended
197	197	to read as follows:
198	198	(a) The board by rule shall establish fees in amounts
199	199	reasonable and necessary to cover the costs of administering this
200	200	chapter. [The board may not set a fee that existed on September 1,
201	201	1993, in an amount less than the amount of that fee on that date.]
202	202	SECTION 5. Chapter 552, Occupations Code, is amended by
203	203	designating Sections 552.001 through 552.012 as Subchapter A and
204	204	adding a subchapter heading to read as follows:
205	205	SUBCHAPTER A. BOARD
206	206	SECTION 6. Chapter 552, Occupations Code, is amended by
207	207	adding Subchapter B to read as follows:
208	208	SUBCHAPTER B. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD
209	209	Sec. 552.051. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS.
210	210	Notwithstanding any other provision of law, the board is
211	211	self-directed and semi-independent as specified by this
212	212	subchapter.
213	213	Sec. 552.052. BUDGET, REVENUES, AND EXPENSES. (a) The
214	214	executive director shall submit to the board a budget annually
215	215	using generally accepted accounting principles. Notwithstanding
216	216	any other provision of law, including the General Appropriations
217	217	Act, the budget shall be adopted and approved only by the board.
218	218	(b) The board shall be responsible for all direct and
219	219	indirect costs of the board's existence and operation. The board
220	220	may not directly or indirectly cause the general revenue fund to
221	221	incur any cost.
222	222	(c) Subject to any limitations in this subtitle, the board
223	223	may set the amounts of fees, penalties, charges, and revenues
224	224	required or permitted by statute or rule as necessary for the
225	225	purpose of carrying out the functions of the board and funding the
226	226	budget adopted and approved under Subsection (a).
227	227	(d) Except as provided by Subsection (e), all fees and funds
228	228	collected by the board and any funds appropriated to the board shall
229	229	be deposited in interest-bearing deposit accounts in the Texas
230	230	Treasury Safekeeping Trust Company. The comptroller shall contract
231	231	with the board for the maintenance of the deposit accounts under
232	232	terms comparable to a contract between a commercial banking
233	233	institution and the institution's customers.
234	234	(e) Not later than August 31, 2012, the board shall remit
235	235	$1.15 million to the general revenue fund, and not later than August
236	236	31 of each subsequent fiscal year, the board shall remit $800,000 to
237	237	the general revenue fund.
238	238	(f) Periodically, the executive director shall submit to
239	239	the board, as directed by the board, a report of the receipts and
240	240	expenditures of the board.
241	241	(g) The fiscal year for the board begins on September 1 and
242	242	ends on August 31.
243	243	Sec. 552.053. AUDITS. (a) This subchapter does not affect
244	244	the duty of the state auditor to audit the board. The state auditor
245	245	shall enter into a contract and schedule with the board to conduct
246	246	audits, including financial reports and performance audits.
247	247	(b) Not later than August 31 of each fiscal year, the board
248	248	shall remit a nonrefundable retainer to the state auditor in an
249	249	amount not less than $10,000. The board shall reimburse the state
250	250	auditor for all costs, in excess of the nonrefundable retainer
251	251	amounts paid each fiscal year, incurred in performing the audits
252	252	and shall provide to the governor a copy of any audit performed.
253	253	Sec. 552.054. RECORDS; REPORTING REQUIREMENTS. (a) The
254	254	board shall keep financial and statistical information as necessary
255	255	to disclose completely and accurately the financial condition and
256	256	results of operations of the board.
257	257	(b) Before the beginning of each regular session of the
258	258	legislature, the board shall submit to the legislature and the
259	259	governor a report describing all of the board's activities in the
260	260	previous biennium. The report must include:
261	261	(1) an audit as required by Section 552.053;
262	262	(2) a financial report of the previous fiscal year,
263	263	including reports on financial condition and results of operations;
264	264	(3) a description of all changes in fees imposed by the
265	265	board;
266	266	(4) a report on the number of examination candidates,
267	267	license holders, and registrants and the enforcement activities of
268	268	the board; and
269	269	(5) a list of all new rules adopted or repealed.
270	270	(c) In addition to the reporting requirements of Subsection
271	271	(b), not later than November 1 of each year, the board shall submit
272	272	to the governor, the committee of each house of the legislature that
273	273	has jurisdiction over appropriations, and the Legislative Budget
274	274	Board a report that contains:
275	275	(1) the salary for all board personnel and the total
276	276	amount of per diem expenses and travel expenses paid for all board
277	277	employees;
278	278	(2) the total amount of per diem expenses and travel
279	279	expenses paid for each member of the board;
280	280	(3) the board's operating plan and annual budget; and
281	281	(4) a detailed report of all revenue received and all
282	282	expenses incurred by the board in the previous 12 months.
283	283	Sec. 552.055. ABILITY TO CONTRACT. (a) To carry out and
284	284	promote the objectives of this chapter, the board may enter into
285	285	contracts and do all other acts incidental to those contracts that
286	286	are necessary for the administration of the board's affairs and for
287	287	the attainment of the board's purposes, except as limited by
288	288	Subsection (b).
289	289	(b) Any indebtedness, liability, or obligation of the board
290	290	incurred under this section may not:
291	291	(1) create a debt or other liability of this state or
292	292	another entity other than the board; or
293	293	(2) create any personal liability on the part of the
294	294	members of the board or the board's employees.
295	295	Sec. 552.056. PROPERTY. The board may:
296	296	(1) acquire by purchase, lease, gift, or any other
297	297	manner provided by law and maintain, use, and operate any real,
298	298	personal, or mixed property, or any interest in property, necessary
299	299	or convenient to the exercise of the powers, rights, privileges, or
300	300	functions of the board;
301	301	(2) sell or otherwise dispose of any real, personal,
302	302	or mixed property, or any interest in property, that the board
303	303	determines is not necessary or convenient to the exercise of the
304	304	board's powers, rights, privileges, or functions;
305	305	(3) construct, extend, improve, maintain, and
306	306	reconstruct, or cause to construct, extend, improve, maintain, and
307	307	reconstruct, and use and operate all facilities necessary or
308	308	convenient to the exercise of the powers, rights, privileges, or
309	309	functions of the board; and
310	310	(4) borrow money, as may be authorized from time to
311	311	time by an affirmative vote of a two-thirds majority of the board,
312	312	for a period not to exceed five years if necessary or convenient to
313	313	the exercise of the board's powers, rights, privileges, or
314	314	functions.
315	315	Sec. 552.057. ADMINISTRATIVE HEARINGS. (a) Not later than
316	316	August 31 of each fiscal year, the board shall remit a nonrefundable
317	317	retainer to the State Office of Administrative Hearings in an
318	318	amount not less than $55,000 for hearings conducted under Chapter
319	319	565.
320	320	(b) The nonrefundable retainer shall be applied to the costs
321	321	associated with conducting the hearings. If additional costs are
322	322	incurred, the State Office of Administrative Hearings may assess
323	323	and collect from the board reasonable fees, in excess of the
324	324	nonrefundable retainer amount paid each fiscal year, associated
325	325	with conducting a hearing under Chapter 565.
326	326	Sec. 552.058. SUITS. (a) The office of the attorney
327	327	general shall represent the board in any litigation.
328	328	(b) Not later than August 31 of each fiscal year, the board
329	329	shall remit a nonrefundable retainer to the office of the attorney
330	330	general in an amount not less than $40,000. The nonrefundable
331	331	retainer shall be applied to any services provided to the board. If
332	332	additional litigation services are required, the attorney general
333	333	may assess and collect from the board reasonable attorney's fees,
334	334	in excess of the nonrefundable retainer amount paid each fiscal
335	335	year, associated with any litigation under this section.
336	336	Sec. 552.059. POST-PARTICIPATION LIABILITY. (a) If the
337	337	board no longer has status under this subchapter as a self-directed
338	338	semi-independent agency for any reason, the board shall be liable
339	339	for any expenses or debts incurred by the board during the time the
340	340	board was a self-directed semi-independent agency. The board's
341	341	liability under this section includes liability for any lease
342	342	entered into by the board. This state is not liable for any expense
343	343	or debt covered by this subsection, and money from the general
344	344	revenue fund may not be used to repay the expense or debt.
345	345	(b) If the board no longer has status under this subchapter
346	346	as a self-directed semi-independent agency for any reason,
347	347	ownership of any property or other asset acquired by the board
348	348	during the time the board was a self-directed semi-independent
349	349	agency, including unexpended fees in a deposit account in the Texas
350	350	Treasury Safekeeping Trust Company, shall be transferred to this
351	351	state.
352	352	Sec. 552.060. DUE PROCESS; OPEN GOVERNMENT. The board is:
353	353	(1) a governmental body for purposes of Chapters 551
354	354	and 552, Government Code; and
355	355	(2) a state agency for purposes of Chapters 2001 and
356	356	2005, Government Code.
357	357	Sec. 552.061. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM.
358	358	Employees of the board are members of the Employees Retirement
359	359	System of Texas under Chapter 812, Government Code, and the board's
360	360	transition to semi-independent status as provided by this
361	361	subchapter has no effect on the employees' membership or any
362	362	benefits under that system.
363	363	Sec. 552.062. GIFTS. (a) Notwithstanding any other law,
364	364	the board may not accept a gift, grant, or donation:
365	365	(1) from a party to an enforcement action; or
366	366	(2) to pursue a specific investigation or enforcement
367	367	action.
368	368	(b) The board must:
369	369	(1) report each gift, grant, or donation that the
370	370	board receives as a separate item in the board's report required
371	371	under Section 552.054(b); and
372	372	(2) include with the report a statement indicating the
373	373	purpose for which each gift, grant, or donation was donated and
374	374	used.
375	375	Sec. 552.063. HEALTH PROFESSIONS COUNCIL. Not later than
376	376	August 31 of each fiscal year, the board shall remit a nonrefundable
377	377	prorated assessment to the Health Professions Council in an amount
378	378	not less than $81,848 for fiscal year 2012, $79,406 for fiscal year
379	379	2013, and $79,000 for each subsequent fiscal year. The amount
380	380	remitted shall be applied to the board's prorated assessment for
381	381	the operation and maintenance of the shared regulatory database
382	382	system.
383	383	SECTION 7. Section 552.006(c), Occupations Code, is amended
384	384	to read as follows:
385	385	(c) A person appointed to the board is entitled to
386	386	reimbursement[, as provided by the General Appropriations Act,] for
387	387	the travel expenses incurred in attending the training program
388	388	regardless of whether the attendance at the program occurs before
389	389	or after the person qualifies for office.
390	390	SECTION 8. Section 552.009, Occupations Code, is amended to
391	391	read as follows:
392	392	Sec. 552.009. PER DIEM; REIMBURSEMENT. (a) Each member of
393	393	the board is entitled to a per diem [set by legislative
394	394	appropriation] for each day the member engages in board business.
395	395	(b) A member is entitled to reimbursement for travel
396	396	expenses [as prescribed by the General Appropriations Act].
397	397	SECTION 9. Section 564.051(c), Occupations Code, is amended
398	398	to read as follows:
399	399	(c) Funds and surcharges collected under this section
400	400	[shall be deposited in the general revenue fund and] may only be
401	401	used by the board to administer the program authorized by this
402	402	section, including providing for initial evaluation and referral of
403	403	an impaired pharmacist or pharmacy student by a qualified health
404	404	professional and paying the administrative costs incurred by the
405	405	board in connection with that funding. The money may not be used
406	406	for costs incurred for treatment or rehabilitation after initial
407	407	evaluation and referral.
408	408	SECTION 10. Sections 301.165, 554.007(a), and 554.013,
409	409	Occupations Code, are repealed.
410	410	SECTION 11. (a) To provide a reasonable period for the
411	411	Texas Board of Nursing and the Texas State Board of Pharmacy to
412	412	establish the boards as self-directed and semi-independent under
413	413	Subchapter B-1, Chapter 301, and Subchapter B, Chapter 552,
414	414	Occupations Code, as added by this Act, the following amounts are
415	415	appropriated from the general revenue fund to each board:
416	416	(1) for the state fiscal year ending August 31, 2012,
417	417	an amount equal to 50 percent of the amount of general revenue
418	418	appropriated to the board for the state fiscal year ending August
419	419	31, 2011; and
420	420	(2) for the state fiscal year ending August 31, 2013,
421	421	an amount equal to 50 percent of the amount of general revenue
422	422	appropriated to the board for the state fiscal year ending August
423	423	31, 2011.
424	424	(b) Subject to Section 301.072 or 552.052, Occupations
425	425	Code, as added by this Act, the appropriations made by Subsection
426	426	(a) of this section may be spent by the board to which the
427	427	appropriation is made as the board directs. Each board shall repay
428	428	to the general revenue fund the appropriation made to the board for
429	429	the state fiscal year ending August 31, 2012, not later than that
430	430	date and as funds become available. Each board shall repay to the
431	431	general revenue fund the appropriation made to the board for the
432	432	state fiscal year ending August 31, 2013, not later than that date
433	433	and as funds become available. The repayment of an appropriation
434	434	under this subsection is required in addition to the funds required
435	435	to be remitted to the general revenue fund under Section 301.072(e)
436	436	or 552.052(e), Occupations Code, as added by this Act.
437	437	(c) The transfer of the Texas Board of Nursing or the Texas
438	438	State Board of Pharmacy to self-directed and semi-independent
439	439	status under Subchapter B-1, Chapter 301, or Subchapter B, Chapter
440	440	552, Occupations Code, as added by this Act, and the expiration of
441	441	self-directed and semi-independent status of a board may not act to
442	442	cancel, suspend, or prevent:
443	443	(1) any debt owed to or by the board;
444	444	(2) any fine, tax, penalty, or obligation of any
445	445	party;
446	446	(3) any contract or other obligation of any party; or
447	447	(4) any action taken by the board in the
448	448	administration or enforcement of the board's duties.
449	449	(d) The Texas Board of Nursing and the Texas State Board of
450	450	Pharmacy shall continue to have and exercise the powers and duties
451	451	allocated to each board under law, except as specifically provided
452	452	by this Act.
453	453	(e) Title to or ownership of all supplies, materials,
454	454	records, equipment, books, papers, and furniture used by the Texas
455	455	Board of Nursing or the Texas State Board of Pharmacy is transferred
456	456	to each respective board. This Act does not affect any property
457	457	owned by either board on or before the effective date of this Act.
458	458	(f) The Texas Board of Nursing shall pay rent to the state
459	459	for the use and occupancy of state-owned office space. Reasonable
460	460	rent shall be determined by the Texas Facilities Commission.
461	461	Aggregate rental payments may not be less than $278,000 each fiscal
462	462	year.
463	463	(g) The Texas State Board of Pharmacy shall pay rent to the
464	464	state for the use and occupancy of state-owned office space.
465	465	Reasonable rent shall be determined by the Texas Facilities
466	466	Commission. Aggregate rental payments may not be less than $162,000
467	467	each fiscal year.
468	468	(h) If a conflict exists between this Act and another Act of
469	469	the 82nd Legislature, Regular Session, 2011, that relates to the
470	470	self-directed and semi-independent status of the Texas Board of
471	471	Nursing or the Texas State Board of Pharmacy, this Act controls
472	472	without regard to the relative dates of enactment.
473	473	SECTION 12. This Act takes effect September 1, 2011.