83R6653 MCK-F
By: Callegari H.B. No. 1048
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. This Act takes effect September 1, 2013.