83R8457 BEF-F
By: Carona S.B. No. 1250
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an office of regulatory best practices
in the Texas Department of Licensing and Regulation and the
evaluation by the office of proposals by members of the legislature
to regulate occupations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Occupations Code, is amended by
adding Subchapters J and K to read as follows:
SUBCHAPTER J. OFFICE OF REGULATORY BEST PRACTICES
Sec. 51.501. DEFINITIONS. In this subchapter:
(1) Notwithstanding Section 51.001, "license" means a
license, certificate, registration, permit, or other form of
authorization required by law or state agency rule that an
individual must obtain to engage in an occupation or profession.
(2) "Office" means the office of regulatory best
practices in the department.
(3) "Regulatory agency" means a state agency that
receives an appropriation under the article of the General
Appropriations Act that makes appropriations to regulatory state
agencies.
(4) "Regulatory best practice" means a regulatory
practice or a similar practice employed by a state agency or
business that the office has reviewed, analyzed, and determined
offers, when implemented, a benefit to the public, regulated
persons, or the state through cost savings, transparency,
efficiency, or effectiveness.
(5) "Regulatory practice" means a practice,
procedure, process, measure, or idea used by a regulatory agency
relating to the operation or management of the regulatory agency's
functions, including issuance of licenses, enforcement, network
services, human resources, or customer service.
Sec. 51.502. OFFICE ESTABLISHED. The department shall
establish, maintain, and administer the office of regulatory best
practices.
Sec. 51.503. DUTIES OF OFFICE. The office shall:
(1) operate the clearinghouse under Section 51.504;
(2) collect, review, and analyze regulatory practices
to determine if they are regulatory best practices;
(3) identify innovative, efficient, and cost-saving
practices and procedures used at state agencies and businesses and
determine if they are regulatory best practices;
(4) identify practices that reduce regulatory
burdens, improve services to the public, and improve consumer
protection and determine if they are regulatory best practices;
(5) foster collaboration among regulatory agencies
through an electronic interface through which regulatory agencies
can access the office's findings, submit regulatory practices for
consideration by the office, and report the use of regulatory
agencies' best practices and results; and
(6) review and analyze proposals by members of the
legislature under Subchapter K.
Sec. 51.504. CLEARINGHOUSE. (a) The office shall establish
and maintain a clearinghouse to serve as a central repository for
the collection, classification, and distribution of regulatory
best practices and the steps a regulatory agency may take to
implement those regulatory best practices.
(b) The office shall:
(1) recognize state agencies and businesses whose
regulatory best practices are included in the clearinghouse; and
(2) periodically report findings related to the
development and maintenance of the clearinghouse to the governor,
the lieutenant governor, the speaker of the house of
representatives, committees of each house of the legislature having
jurisdiction over appropriations, the state auditor's office, and
the Sunset Advisory Commission.
Sec. 51.505. ACCESS TO REGULATORY AGENCY INFORMATION. A
regulatory agency shall provide the office access to the regulatory
agency's financial, statistical, performance, and personnel data.
The department may enter into a memorandum of understanding with
the regulatory agency to maintain the confidentiality of
information that is confidential under Chapter 552, Government
Code.
SUBCHAPTER K. REVIEW OF PROPOSALS BY MEMBERS OF LEGISLATURE TO
REGULATE OCCUPATIONS
Sec. 51.551. DEFINITIONS. In this subchapter:
(1) Notwithstanding Section 51.001, "license" has the
meaning assigned by Section 51.501.
(2) "Office" has the meaning assigned by Section
51.501.
Sec. 51.552. SUBMISSION OF PROPOSAL BY MEMBER OF THE
LEGISLATURE. (a) Not later than January 1 of the even-numbered
year preceding a regular legislative session, a member of the
legislature may submit to the office a written proposal to:
(1) impose a statewide licensing requirement or other
regulation on an occupation or profession that is currently
unregulated by the state; or
(2) increase the regulatory requirements imposed on an
occupation or profession that is currently regulated statewide.
(b) A written proposal under Subsection (a) must include:
(1) a description of the occupation or profession
subject to the proposed regulation, including a list of
associations, organizations, or other groups representing persons
who practice the occupation or profession in this state and an
estimate of the number of members of each association,
organization, or group;
(2) a statement of the problem or problems addressed
by the proposed regulation;
(3) a description of the proposed licensing
requirement or regulation;
(4) a statement of support for the proposed regulation
signed by at least:
(A) 25 individuals who are members of an
association, organization, or group described by Subdivision (1);
or
(B) 25 individuals who are not members of an
association, organization, or group described by Subdivision (1);
(5) a statement of the reasons why the license
requirement or other type of regulation is proposed and not another
type of regulatory requirement; and
(6) a statement of the expected benefit to the public
that will result from the proposed regulation.
Sec. 51.553. EVALUATION AND REPORT BY OFFICE. (a) Except as
provided by Subsection (b), the office shall evaluate each proposal
submitted under Section 51.552 and issue a report outlining the
anticipated costs and benefits to the state, including impacts to
public health, safety, and welfare. When evaluating a proposal to
regulate an occupation or profession that is not currently
regulated, the office shall consider the factors under Chapter 318,
Government Code, any factors the executive director recommends, and
any reports or findings by the attorney general regarding the
occupation or profession.
(b) Instead of evaluating a proposal and issuing a new
report, the office may reissue an existing report described by this
subsection in response to a proposal under Section 51.552 if the
office:
(1) previously evaluated a proposal to regulate the
occupation or profession that is the subject of the current
proposal;
(2) issued a report under Subsection (a) or reissued a
report under this subsection in connection with the proposal
described by Subdivision (1) not more than 36 months before the date
the current proposal was submitted; and
(3) finds that the current proposal contains no new or
additional information that would cause the office to alter or
modify the report described by Subdivision (2).
(c) Not later than October 15 of the year in which a proposal
is due under Section 51.552(a), the office shall issue or reissue a
report on the proposal under Subsection (a) or (b) to the member of
the legislature who submitted the proposal, the speaker of the
house of representatives, the lieutenant governor, and the
governor.
(d) Only a report issued or reissued under this section not
more than four years before the date a bill is introduced or an
amendment is offered satisfies the requirement of an evaluation and
report for purposes of Section 30a, Article III, Texas
Constitution.
SECTION 2. Not later than March 31, 2014, the Texas
Commission of Licensing and Regulation shall adopt any rules
necessary to implement the changes in law made by this Act.
SECTION 3. Section 51.553(d), Occupations Code, as added by
this Act, takes effect on the date on which the constitutional
amendment proposed by the 83rd Legislature, Regular Session, 2013,
to require a member of the legislature to obtain and file a report
on the costs and benefits of a bill or amendment to impose or
increase an occupational regulation takes effect. If that amendment
is not approved by the voters, that subsection has no effect.
SECTION 4. Except as otherwise provided by this Act, this
Act takes effect September 1, 2013.