Texas 2015 - 84th Regular

Texas House Bill HB2683 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R22493 MAW-F
2		-	By: Miller of Fort Bend H.B. No. 2683
3		-	Substitute the following for H.B. No. 2683:
4		-	By: Raymond C.S.H.B. No. 2683
	2	+	By: Miller of Fort Bend, Zerwas, H.B. No. 2683
	3	+	Bonnen of Brazoria, Huberty, Raymond
5	4
6	5
7	6		A BILL TO BE ENTITLED
8	7		AN ACT
9	8		relating to the licensing and regulation of dyslexia practitioners
10	9		and therapists by the Texas Department of Licensing and Regulation;
11	10		imposing an administrative penalty; authorizing fees.
12	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	12		SECTION 1. Section 403.001, Occupations Code, as amended by
14	13		S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
15	14		amended by adding Subdivisions (1) and (1-a) and amending
16	15		Subdivisions (2) and (3) to read as follows:
17	16		(1) "Advisory board" means the Licensed Dyslexia
18	17		Practitioner and Licensed Dyslexia Therapist Advisory Board.
19	18		(1-a) "Commission" means the Texas Commission of
20	19		Licensing and Regulation.
21	20		(2) "Department" means the Texas Department of
22	21		Licensing and Regulation [State Health Services].
23	22		(3) "Executive director" [commissioner"] means the
24	23		executive director [commissioner] of the department [Health and
25	24		Human Services Commission].
26	25		SECTION 2. Section 403.051, Occupations Code, is amended to
27	26		read as follows:
28	27		Sec. 403.051. ADVISORY BOARD [COMMITTEE]. (a) The
29	28		[department shall appoint an] advisory board shall provide advice
30	29		and recommendations [committee] to [advise] the department on
31	30		technical matters relevant to the administration of [in
32	31		administering] this chapter.
33	32		(b) The advisory board consists of seven members appointed
34	33		by the commission as follows:
35	34		(1) three licensed dyslexia therapists;
36	35		(2) two licensed dyslexia practitioners; and
37	36		(3) two members representing the public, at least one
38	37		of whom must be a person with dyslexia or a parent of a person with
39	38		dyslexia.
40	39		(c) Advisory board members serve staggered four-year terms,
41	40		with the terms of three or four members expiring on February 1 of
42	41		each odd-numbered year.
43	42		(d) If a vacancy occurs during the term of an advisory board
44	43		member, the presiding officer of the commission, with the
45	44		commission's approval, shall appoint a replacement who meets the
46	45		qualifications of the vacated position to serve for the remainder
47	46		of the term.
48	47		(e) The presiding officer of the commission shall designate
49	48		a member of the advisory board to serve as the presiding officer of
50	49		the advisory board for a term of two years. The presiding officer
51	50		of the advisory board may vote on any matter before the advisory
52	51		board.
53	52		(f) Advisory board members may not receive compensation but
54	53		are entitled to reimbursement for actual and necessary expenses
55	54		incurred in performing the functions of the advisory board, subject
56	55		to the General Appropriations Act.
57	56		(g) The advisory board shall meet at the call of the
58	57		presiding officer of the commission or the executive director.
59	58		(h) A member of the advisory board may be removed from the
60	59		advisory board as provided by Section 51.209.
61	60		SECTION 3. Section 403.052, Occupations Code, is amended to
62	61		read as follows:
63	62		Sec. 403.052. RULES. The commission [executive
64	63		commissioner] shall adopt rules necessary to administer and enforce
65	64		this chapter, including rules that establish:
66	65		(1) standards of ethical practice; and
67	66		(2) continuing education requirements, including the
68	67		minimum number of hours of continuing education required to renew a
69	68		license under this chapter.
70	69		SECTION 4. Section 403.053, Occupations Code, as added by
71	70		S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
72	71		amended to read as follows:
73	72		Sec. 403.053. FEES. The commission [executive
74	73		commissioner] shall set fees for the issuance or renewal of a
75	74		license under this chapter in amounts designed to allow the
76	75		department to recover from the license holders all of the direct and
77	76		indirect costs to the department in administering and enforcing
78	77		this chapter.
79	78		SECTION 5. Subchapter B, Chapter 403, Occupations Code, is
80	79		amended by adding Section 403.054 to read as follows:
81	80		Sec. 403.054. POWERS AND DUTIES OF EXECUTIVE DIRECTOR. The
82	81		executive director shall administer and enforce this chapter.
83	82		SECTION 6. Section 403.103, Occupations Code, is amended to
84	83		read as follows:
85	84		Sec. 403.103. LICENSE APPLICATION. (a) A license
86	85		applicant must apply to the department on a form and in the manner
87	86		the executive director [department] prescribes.
88	87		(b) The commission by rule shall specify the information and
89	88		documentation required to be submitted in an application.
90	89		(c) The application must be accompanied by the fees required
91	90		by commission rule [a nonrefundable application fee].
92	91		SECTION 7. Section 403.106(c), Occupations Code, is amended
93	92		to read as follows:
94	93		(c) The department [, in consultation with the advisory
95	94		committee,] shall determine whether a training program meets the
96	95		requirements of this section.
97	96		SECTION 8. Section 403.107, Occupations Code, as amended by
98	97		S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
99	98		amended to read as follows:
100	99		Sec. 403.107. EXAMINATION; RULES. (a) To obtain a license,
101	100		an applicant must:
102	101		(1) pass a written examination approved by the
103	102		department under Subsection (b); and
104	103		(2) pay the required fees [set by the executive
105	104		commissioner by rule].
106	105		(b) The department shall [, in consultation with the
107	106		advisory committee]:
108	107		(1) identify and designate a competency examination
109	108		that is related to multisensory structured language education and
110	109		that will be administered at least twice each year by a professional
111	110		organization that issues national certifications; and
112	111		(2) maintain a record of all examinations for at least
113	112		two years after the date of examination.
114	113		SECTION 9. Section 403.108, Occupations Code, is amended to
115	114		read as follows:
116	115		Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The
117	116		department [, in consultation with the advisory committee,] may
118	117		waive the examination requirement and issue a license to an
119	118		applicant who holds an appropriate certificate or other
120	119		accreditation from a nationally accredited multisensory structured
121	120		language education organization recognized by the department.
122	121		SECTION 10. Subchapter C, Chapter 403, Occupations Code, is
123	122		amended by adding Section 403.1081 to read as follows:
124	123		Sec. 403.1081. LICENSE TERM; RENEWAL. (a) A license issued
125	124		under this chapter is valid for one year from the date of issuance.
126	125		(b) The commission by rule shall establish requirements for
127	126		renewing a license under this chapter, including the payment of
128	127		applicable fees.
129	128		SECTION 11. Section 403.202, Occupations Code, as amended
130	129		by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
131	130		amended to read as follows:
132	131		Sec. 403.202. PROHIBITED ACTIONS. A license holder may
133	132		not:
134	133		(1) obtain a license by means of fraud,
135	134		misrepresentation, or concealment of a material fact;
136	135		(2) sell, barter, or offer to sell or barter a license;
137	136		or
138	137		(3) engage in unprofessional conduct that endangers or
139	138		is likely to endanger the health, welfare, or safety of the public
140	139		as defined by commission [department] rule.
141	140		SECTION 12. Section 403.203, Occupations Code, is amended
142	141		to read as follows:
143	142		Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If an
144	143		applicant for or [a license] holder of a license violates this
145	144		chapter or a rule [or code of ethics] adopted or order issued under
146	145		this chapter [by the executive commissioner], the commission or
147	146		executive director may [department shall]:
148	147		(1) revoke or suspend the license;
149	148		(2) place on probation the person if the person's
150	149		license has been suspended;
151	150		(3) reprimand the license holder; or
152	151		(4) refuse to issue or renew the license.
153	152		SECTION 13. Section 403.251(a), Occupations Code, as
154	153		amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
155	154		2015, is amended to read as follows:
156	155		(a) A person who violates this chapter or [,] a rule adopted
157	156		[by the executive commissioner under this chapter,] or [an] order
158	157		issued [adopted by the department] under this chapter is liable for
159	158		a civil penalty not to exceed $500 for each occurrence.
160	159		SECTION 14. Subchapter F, Chapter 403, Occupations Code, is
161	160		amended by adding Section 403.253 to read as follows:
162	161		Sec. 403.253. ADMINISTRATIVE PENALTY. The commission or
163	162		executive director may impose an administrative penalty against a
164	163		person who violates this chapter or a rule adopted or order issued
165	164		under this chapter as provided by Subchapter F, Chapter 51.
166	165		SECTION 15. The following provisions of the Occupations
167	166		Code, including provisions amended by S.B. 219, Acts of the 84th
168	167		Legislature, Regular Session, 2015, are repealed:
169	168		(1) Section 403.002;
170	169		(2) Section 403.109;
171	170		(3) Section 403.152;
172	171		(4) Section 403.201;
173	172		(5) Section 403.204;
174	173		(6) Section 403.205;
175	174		(7) Section 403.207;
176	175		(8) Section 403.208;
177	176		(9) Section 403.209;
178	177		(10) Section 403.210;
179	178		(11) Section 403.211;
180	179		(12) Section 403.212; and
181	180		(13) Section 403.252.
182	181		SECTION 16. Not later than March 1, 2016, the Texas
183	182		Commission of Licensing and Regulation shall adopt rules necessary
184	183		to implement the changes in law made by this Act to Chapter 403,
185	184		Occupations Code.
186	185		SECTION 17. A rule or fee under Chapter 403, Occupations
187	186		Code, in effect on the effective date of this Act remains in effect
188	187		until changed by the Texas Commission of Licensing and Regulation.
189	188		SECTION 18. As soon as practicable after the effective date
190	189		of this Act, the Department of State Health Services and the Texas
191	190		Department of Licensing and Regulation shall adopt a transition
192	191		plan to provide for the transfer not later than January 1, 2016, of
193	192		the following to the Texas Department of Licensing and Regulation
194	193		to the extent necessary for the exercise of that department's
195	194		powers and duties related to Chapter 403, Occupations Code, as
196	195		amended by this Act:
197	196		(1) personnel;
198	197		(2) equipment, files, and records; and
199	198		(3) money appropriated for the fiscal biennium ending
200	199		August 31, 2017.
201	200		SECTION 19. This Act takes effect immediately if it
202	201		receives a vote of two-thirds of all the members elected to each
203	202		house, as provided by Section 39, Article III, Texas Constitution.
204	203		If this Act does not receive the vote necessary for immediate
205	204		effect, this Act takes effect September 1, 2015.