82R24766 NC-F
By: King of Taylor, Hopson H.B. No. 2092
Substitute the following for H.B. No. 2092:
By: Naishtat C.S.H.B. No. 2092
A BILL TO BE ENTITLED
AN ACT
relating to self-directed and semi-independent status of certain
health care regulatory agencies; making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 301, Occupations Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD
Sec. 301.071. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS.
Notwithstanding any other provision of law, the board is
self-directed and semi-independent as specified by this
subchapter.
Sec. 301.072. BUDGET, REVENUES, AND EXPENSES. (a) The
executive director shall submit to the board a budget annually
using generally accepted accounting principles. Notwithstanding
any other provision of law, including the General Appropriations
Act, the budget shall be adopted and approved only by the board.
(b) The board shall be responsible for all direct and
indirect costs of the board's existence and operation. The board
may not directly or indirectly cause the general revenue fund to
incur any cost.
(c) Subject to any limitations in this chapter, the board
may set the amounts of fees, penalties, charges, and revenues
required or permitted by statute or rule as necessary for the
purpose of carrying out the functions of the board and funding the
budget adopted and approved under Subsection (a).
(d) Except as provided by Subsection (e), all fees and funds
collected by the board and any funds appropriated to the board shall
be deposited in interest-bearing deposit accounts in the Texas
Treasury Safekeeping Trust Company. The comptroller shall contract
with the board for the maintenance of the deposit accounts under
terms comparable to a contract between a commercial banking
institution and the institution's customers.
(e) The board shall annually remit $5.75 million to the
general revenue fund.
(f) Periodically, the executive director shall submit to
the board, as directed by the board, a report of the receipts and
expenditures of the board.
(g) The fiscal year for the board begins on September 1 and
ends on August 31.
Sec. 301.073. AUDITS. (a) This subchapter does not affect
the duty of the state auditor to audit the board. The state auditor
shall enter into a contract and schedule with the board to conduct
audits, including financial reports and performance audits.
(b) Not later than August 31 of each fiscal year, the board
shall remit a nonrefundable retainer to the state auditor in an
amount not less than $25,000. The board shall reimburse the state
auditor for all costs, in excess of the nonrefundable retainer
amounts paid each fiscal year, incurred in performing the audits
and shall provide to the governor a copy of any audit performed.
Sec. 301.074. RECORDS; REPORTING REQUIREMENTS. (a) The
board shall keep financial and statistical information as necessary
to disclose completely and accurately the financial condition and
results of operations of the board.
(b) Before the beginning of each regular session of the
legislature, the board shall submit to the legislature and the
governor a report describing all of the board's activities in the
previous biennium. The report must include:
(1) an audit as required by Section 301.073;
(2) a financial report of the previous fiscal year,
including reports on financial condition and results of operations;
(3) a description of all changes in fees imposed by the
board;
(4) a report on the number of examination candidates
and license holders and the programs of study and enforcement
activities of the board; and
(5) a list of all new rules adopted or repealed.
(c) In addition to the reporting requirements of Subsection
(b), not later than November 1 of each year, the board shall submit
to the governor, the committee of each house of the legislature that
has jurisdiction over appropriations, and the Legislative Budget
Board a report that contains:
(1) the salary for all board personnel and the total
amount of per diem expenses and travel expenses paid for all board
employees;
(2) the total amount of per diem expenses and travel
expenses paid for each member of the board;
(3) the board's operating plan and annual budget; and
(4) a detailed report of all revenue received and all
expenses incurred by the board in the previous 12 months.
Sec. 301.075. ABILITY TO CONTRACT. (a) To carry out and
promote the objectives of this chapter, the board may enter into
contracts and do all other acts incidental to those contracts that
are necessary for the administration of the board's affairs and for
the attainment of the board's purposes, except as limited by
Subsection (b).
(b) Any indebtedness, liability, or obligation of the board
incurred under this section may not:
(1) create a debt or other liability of this state or
another entity other than the board; or
(2) create any personal liability on the part of the
members of the board or the board's employees.
Sec. 301.076. PROPERTY. The board may:
(1) acquire by purchase, lease, gift, or any other
manner provided by law and maintain, use, and operate any real,
personal, or mixed property, or any interest in property, necessary
or convenient to the exercise of the powers, rights, privileges, or
functions of the board;
(2) sell or otherwise dispose of any real, personal,
or mixed property, or any interest in property, that the board
determines is not necessary or convenient to the exercise of the
board's powers, rights, privileges, or functions;
(3) construct, extend, improve, maintain, and
reconstruct, or cause to construct, extend, improve, maintain, and
reconstruct, and use and operate all facilities necessary or
convenient to the exercise of the powers, rights, privileges, or
functions of the board; and
(4) borrow money, as may be authorized from time to
time by an affirmative vote of a two-thirds majority of the board,
for a period not to exceed five years if necessary or convenient to
the exercise of the board's powers, rights, privileges, or
functions.
Sec. 301.077. ADMINISTRATIVE HEARINGS. (a) Not later than
August 31 of each fiscal year, the board shall remit a nonrefundable
retainer to the State Office of Administrative Hearings in an
amount not less than $50,000 for hearings conducted under this
chapter.
(b) The nonrefundable retainer shall be applied to the costs
associated with conducting the hearings. If additional costs are
incurred, the State Office of Administrative Hearings may assess
and collect from the board reasonable fees, in excess of the
nonrefundable retainer amount paid each fiscal year, associated
with conducting a hearing under this chapter.
Sec. 301.078. SUITS. (a) The office of the attorney
general shall represent the board in any litigation.
(b) Not later than August 31 of each fiscal year, the board
shall remit a nonrefundable retainer to the office of the attorney
general in an amount not less than $25,000. The nonrefundable
retainer shall be applied to any services provided to the board. If
additional litigation services are required, the attorney general
may assess and collect from the board reasonable attorney's fees,
in excess of the nonrefundable retainer amount paid each fiscal
year, associated with any litigation under this section.
Sec. 301.079. POST-PARTICIPATION LIABILITY. (a) If the
board no longer has status under this subchapter as a self-directed
semi-independent agency for any reason, the board shall be liable
for any expenses or debts incurred by the board during the time the
board was a self-directed semi-independent agency. The board's
liability under this section includes liability for any lease
entered into by the board. This state is not liable for any expense
or debt covered by this subsection, and money from the general
revenue fund may not be used to repay the expense or debt.
(b) If the board no longer has status under this subchapter
as a self-directed semi-independent agency for any reason,
ownership of any property or other asset acquired by the board
during the time the board was a self-directed semi-independent
agency, including unexpended fees in a deposit account in the Texas
Treasury Safekeeping Trust Company, shall be transferred to this
state.
Sec. 301.080. DUE PROCESS; OPEN GOVERNMENT. The board is:
(1) a governmental body for purposes of Chapters 551
and 552, Government Code; and
(2) a state agency for purposes of Chapters 2001 and
2005, Government Code.
Sec. 301.081. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM.
Employees of the board are members of the Employees Retirement
System of Texas under Chapter 812, Government Code, and the board's
transition to semi-independent status as provided by this
subchapter has no effect on the employees' membership or any
benefits under that system.
Sec. 301.082. GIFTS. (a) Notwithstanding any other law,
the board may not accept a gift, grant, or donation:
(1) from a party to an enforcement action; or
(2) to pursue a specific investigation or enforcement
action.
(b) The board must:
(1) report each gift, grant, or donation that the
board receives as a separate item in the board's report required
under Section 301.074(b); and
(2) include with the report a statement indicating the
purpose for which each gift, grant, or donation was donated and
used.
SECTION 2. Section 301.056, Occupations Code, is amended to
read as follows:
Sec. 301.056. PER DIEM; REIMBURSEMENT. (a) Each board
member is entitled to receive a per diem [as set by the General
Appropriations Act] for each day the member engages in the business
of the board.
(b) A board member is entitled to reimbursement for travel
expenses incurred while conducting board business, including
expenses for transportation, meals, and lodging[, as provided by
the General Appropriations Act].
SECTION 3. Section 301.059(c), Occupations Code, is amended
to read as follows:
(c) A person appointed to the board is entitled to
reimbursement[, as provided by the General Appropriations Act,] for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 4. Section 301.155(a), Occupations Code, is amended
to read as follows:
(a) The board by rule shall establish fees in amounts
reasonable and necessary to cover the costs of administering this
chapter. [The board may not set a fee that existed on September 1,
1993, in an amount less than the amount of that fee on that date.]
SECTION 5. Chapter 552, Occupations Code, is amended by
designating Sections 552.001 through 552.012 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. BOARD
SECTION 6. Chapter 552, Occupations Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD
Sec. 552.051. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS.
Notwithstanding any other provision of law, the board is
self-directed and semi-independent as specified by this
subchapter.
Sec. 552.052. BUDGET, REVENUES, AND EXPENSES. (a) The
executive director shall submit to the board a budget annually
using generally accepted accounting principles. Notwithstanding
any other provision of law, including the General Appropriations
Act, the budget shall be adopted and approved only by the board.
(b) The board shall be responsible for all direct and
indirect costs of the board's existence and operation. The board
may not directly or indirectly cause the general revenue fund to
incur any cost.
(c) Subject to any limitations in this subtitle, the board
may set the amounts of fees, penalties, charges, and revenues
required or permitted by statute or rule as necessary for the
purpose of carrying out the functions of the board and funding the
budget adopted and approved under Subsection (a).
(d) Except as provided by Subsection (e), all fees and funds
collected by the board and any funds appropriated to the board shall
be deposited in interest-bearing deposit accounts in the Texas
Treasury Safekeeping Trust Company. The comptroller shall contract
with the board for the maintenance of the deposit accounts under
terms comparable to a contract between a commercial banking
institution and the institution's customers.
(e) Not later than August 31, 2012, the board shall remit
$1.15 million to the general revenue fund, and not later than August
31 of each subsequent fiscal year, the board shall remit $800,000 to
the general revenue fund.
(f) Periodically, the executive director shall submit to
the board, as directed by the board, a report of the receipts and
expenditures of the board.
(g) The fiscal year for the board begins on September 1 and
ends on August 31.
Sec. 552.053. AUDITS. (a) This subchapter does not affect
the duty of the state auditor to audit the board. The state auditor
shall enter into a contract and schedule with the board to conduct
audits, including financial reports and performance audits.
(b) Not later than August 31 of each fiscal year, the board
shall remit a nonrefundable retainer to the state auditor in an
amount not less than $10,000. The board shall reimburse the state
auditor for all costs, in excess of the nonrefundable retainer
amounts paid each fiscal year, incurred in performing the audits
and shall provide to the governor a copy of any audit performed.
Sec. 552.054. RECORDS; REPORTING REQUIREMENTS. (a) The
board shall keep financial and statistical information as necessary
to disclose completely and accurately the financial condition and
results of operations of the board.
(b) Before the beginning of each regular session of the
legislature, the board shall submit to the legislature and the
governor a report describing all of the board's activities in the
previous biennium. The report must include:
(1) an audit as required by Section 552.053;
(2) a financial report of the previous fiscal year,
including reports on financial condition and results of operations;
(3) a description of all changes in fees imposed by the
board;
(4) a report on the number of examination candidates,
license holders, and registrants and the enforcement activities of
the board; and
(5) a list of all new rules adopted or repealed.
(c) In addition to the reporting requirements of Subsection
(b), not later than November 1 of each year, the board shall submit
to the governor, the committee of each house of the legislature that
has jurisdiction over appropriations, and the Legislative Budget
Board a report that contains:
(1) the salary for all board personnel and the total
amount of per diem expenses and travel expenses paid for all board
employees;
(2) the total amount of per diem expenses and travel
expenses paid for each member of the board;
(3) the board's operating plan and annual budget; and
(4) a detailed report of all revenue received and all
expenses incurred by the board in the previous 12 months.
Sec. 552.055. ABILITY TO CONTRACT. (a) To carry out and
promote the objectives of this chapter, the board may enter into
contracts and do all other acts incidental to those contracts that
are necessary for the administration of the board's affairs and for
the attainment of the board's purposes, except as limited by
Subsection (b).
(b) Any indebtedness, liability, or obligation of the board
incurred under this section may not:
(1) create a debt or other liability of this state or
another entity other than the board; or
(2) create any personal liability on the part of the
members of the board or the board's employees.
Sec. 552.056. PROPERTY. The board may:
(1) acquire by purchase, lease, gift, or any other
manner provided by law and maintain, use, and operate any real,
personal, or mixed property, or any interest in property, necessary
or convenient to the exercise of the powers, rights, privileges, or
functions of the board;
(2) sell or otherwise dispose of any real, personal,
or mixed property, or any interest in property, that the board
determines is not necessary or convenient to the exercise of the
board's powers, rights, privileges, or functions;
(3) construct, extend, improve, maintain, and
reconstruct, or cause to construct, extend, improve, maintain, and
reconstruct, and use and operate all facilities necessary or
convenient to the exercise of the powers, rights, privileges, or
functions of the board; and
(4) borrow money, as may be authorized from time to
time by an affirmative vote of a two-thirds majority of the board,
for a period not to exceed five years if necessary or convenient to
the exercise of the board's powers, rights, privileges, or
functions.
Sec. 552.057. ADMINISTRATIVE HEARINGS. (a) Not later than
August 31 of each fiscal year, the board shall remit a nonrefundable
retainer to the State Office of Administrative Hearings in an
amount not less than $55,000 for hearings conducted under Chapter
565.
(b) The nonrefundable retainer shall be applied to the costs
associated with conducting the hearings. If additional costs are
incurred, the State Office of Administrative Hearings may assess
and collect from the board reasonable fees, in excess of the
nonrefundable retainer amount paid each fiscal year, associated
with conducting a hearing under Chapter 565.
Sec. 552.058. SUITS. (a) The office of the attorney
general shall represent the board in any litigation.
(b) Not later than August 31 of each fiscal year, the board
shall remit a nonrefundable retainer to the office of the attorney
general in an amount not less than $40,000. The nonrefundable
retainer shall be applied to any services provided to the board. If
additional litigation services are required, the attorney general
may assess and collect from the board reasonable attorney's fees,
in excess of the nonrefundable retainer amount paid each fiscal
year, associated with any litigation under this section.
Sec. 552.059. POST-PARTICIPATION LIABILITY. (a) If the
board no longer has status under this subchapter as a self-directed
semi-independent agency for any reason, the board shall be liable
for any expenses or debts incurred by the board during the time the
board was a self-directed semi-independent agency. The board's
liability under this section includes liability for any lease
entered into by the board. This state is not liable for any expense
or debt covered by this subsection, and money from the general
revenue fund may not be used to repay the expense or debt.
(b) If the board no longer has status under this subchapter
as a self-directed semi-independent agency for any reason,
ownership of any property or other asset acquired by the board
during the time the board was a self-directed semi-independent
agency, including unexpended fees in a deposit account in the Texas
Treasury Safekeeping Trust Company, shall be transferred to this
state.
Sec. 552.060. DUE PROCESS; OPEN GOVERNMENT. The board is:
(1) a governmental body for purposes of Chapters 551
and 552, Government Code; and
(2) a state agency for purposes of Chapters 2001 and
2005, Government Code.
Sec. 552.061. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM.
Employees of the board are members of the Employees Retirement
System of Texas under Chapter 812, Government Code, and the board's
transition to semi-independent status as provided by this
subchapter has no effect on the employees' membership or any
benefits under that system.
Sec. 552.062. GIFTS. (a) Notwithstanding any other law,
the board may not accept a gift, grant, or donation:
(1) from a party to an enforcement action; or
(2) to pursue a specific investigation or enforcement
action.
(b) The board must:
(1) report each gift, grant, or donation that the
board receives as a separate item in the board's report required
under Section 552.054(b); and
(2) include with the report a statement indicating the
purpose for which each gift, grant, or donation was donated and
used.
Sec. 552.063. HEALTH PROFESSIONS COUNCIL. Not later than
August 31 of each fiscal year, the board shall remit a nonrefundable
prorated assessment to the Health Professions Council in an amount
not less than $81,848 for fiscal year 2012, $79,406 for fiscal year
2013, and $79,000 for each subsequent fiscal year. The amount
remitted shall be applied to the board's prorated assessment for
the operation and maintenance of the shared regulatory database
system.
SECTION 7. Section 552.006(c), Occupations Code, is amended
to read as follows:
(c) A person appointed to the board is entitled to
reimbursement[, as provided by the General Appropriations Act,] for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 8. Section 552.009, Occupations Code, is amended to
read as follows:
Sec. 552.009. PER DIEM; REIMBURSEMENT. (a) Each member of
the board is entitled to a per diem [set by legislative
appropriation] for each day the member engages in board business.
(b) A member is entitled to reimbursement for travel
expenses [as prescribed by the General Appropriations Act].
SECTION 9. Section 564.051(c), Occupations Code, is amended
to read as follows:
(c) Funds and surcharges collected under this section
[shall be deposited in the general revenue fund and] may only be
used by the board to administer the program authorized by this
section, including providing for initial evaluation and referral of
an impaired pharmacist or pharmacy student by a qualified health
professional and paying the administrative costs incurred by the
board in connection with that funding. The money may not be used
for costs incurred for treatment or rehabilitation after initial
evaluation and referral.
SECTION 10. Sections 301.165, 554.007(a), and 554.013,
Occupations Code, are repealed.
SECTION 11. (a) To provide a reasonable period for the
Texas Board of Nursing and the Texas State Board of Pharmacy to
establish the boards as self-directed and semi-independent under
Subchapter B-1, Chapter 301, and Subchapter B, Chapter 552,
Occupations Code, as added by this Act, the following amounts are
appropriated from the general revenue fund to each board:
(1) for the state fiscal year ending August 31, 2012,
an amount equal to 50 percent of the amount of general revenue
appropriated to the board for the state fiscal year ending August
31, 2011; and
(2) for the state fiscal year ending August 31, 2013,
an amount equal to 50 percent of the amount of general revenue
appropriated to the board for the state fiscal year ending August
31, 2011.
(b) Subject to Section 301.072 or 552.052, Occupations
Code, as added by this Act, the appropriations made by Subsection
(a) of this section may be spent by the board to which the
appropriation is made as the board directs. Each board shall repay
to the general revenue fund the appropriation made to the board for
the state fiscal year ending August 31, 2012, not later than that
date and as funds become available. Each board shall repay to the
general revenue fund the appropriation made to the board for the
state fiscal year ending August 31, 2013, not later than that date
and as funds become available. The repayment of an appropriation
under this subsection is required in addition to the funds required
to be remitted to the general revenue fund under Section 301.072(e)
or 552.052(e), Occupations Code, as added by this Act.
(c) The transfer of the Texas Board of Nursing or the Texas
State Board of Pharmacy to self-directed and semi-independent
status under Subchapter B-1, Chapter 301, or Subchapter B, Chapter
552, Occupations Code, as added by this Act, and the expiration of
self-directed and semi-independent status of a board may not act to
cancel, suspend, or prevent:
(1) any debt owed to or by the board;
(2) any fine, tax, penalty, or obligation of any
party;
(3) any contract or other obligation of any party; or
(4) any action taken by the board in the
administration or enforcement of the board's duties.
(d) The Texas Board of Nursing and the Texas State Board of
Pharmacy shall continue to have and exercise the powers and duties
allocated to each board under law, except as specifically provided
by this Act.
(e) Title to or ownership of all supplies, materials,
records, equipment, books, papers, and furniture used by the Texas
Board of Nursing or the Texas State Board of Pharmacy is transferred
to each respective board. This Act does not affect any property
owned by either board on or before the effective date of this Act.
(f) The Texas Board of Nursing shall pay rent to the state
for the use and occupancy of state-owned office space. Reasonable
rent shall be determined by the Texas Facilities Commission.
Aggregate rental payments may not be less than $278,000 each fiscal
year.
(g) The Texas State Board of Pharmacy shall pay rent to the
state for the use and occupancy of state-owned office space.
Reasonable rent shall be determined by the Texas Facilities
Commission. Aggregate rental payments may not be less than $162,000
each fiscal year.
(h) If a conflict exists between this Act and another Act of
the 82nd Legislature, Regular Session, 2011, that relates to the
self-directed and semi-independent status of the Texas Board of
Nursing or the Texas State Board of Pharmacy, this Act controls
without regard to the relative dates of enactment.
SECTION 12. This Act takes effect September 1, 2011.