Texas 2017 - 85th Regular

Texas Senate Bill SB1022 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Nelson S.B. No. 1022
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the transfer of the licensing and regulation of certain
7	7	counseling professions to the Texas Department of Licensing and
8	8	Regulation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 502.002, Occupations Code, is amended by
11	11	amending Subdivisions (2), (3), and (5) and adding Subdivision
12	12	(3-a) to read as follows:
13	13	(2) "Commission" ["Commissioner"] means the Texas
14	14	Commission of Licensing and Regulation [commissioner of state
15	15	health services].
16	16	(3) "Department" means the Texas Department of
17	17	Licensing and Regulation [Department of State Health Services].
18	18	(3-a) "Executive director" means the executive
19	19	director of the department.
20	20	(5) "Licensed marriage and family therapist
21	21	associate" means an individual who offers to provide marriage and
22	22	family therapy for compensation under the supervision of a
23	23	commission-approved [board-approved] supervisor.
24	24	SECTION 2. The heading to Subchapter D, Chapter 502,
25	25	Occupations Code, is amended to read as follows:
26	26	SUBCHAPTER D. [BOARD] POWERS AND DUTIES
27	27	SECTION 3. Section 502.151, Occupations Code, is amended to
28	28	read as follows:
29	29	Sec. 502.151. GENERAL POWERS AND DUTIES [OF BOARD]. (a)
30	30	The executive director shall administer and enforce this chapter.
31	31	(b) The commission [board] shall:
32	32	(1) determine the qualifications and fitness of a
33	33	license applicant under this chapter; and
34	34	(2) adopt a code of professional ethics for license
35	35	holders.
36	36	SECTION 4. Section 502.157, Occupations Code, is amended to
37	37	read as follows:
38	38	Sec. 502.157. ANNUAL REGISTRY. (a) The department [board]
39	39	shall annually prepare a registry of all license holders.
40	40	(b) The department [board] shall make the registry
41	41	available to the public, license holders, and other state agencies.
42	42	SECTION 5. Section 502.159, Occupations Code, is amended to
43	43	read as follows:
44	44	Sec. 502.159. EX PARTE COMMUNICATION PROHIBITED. A
45	45	commission [board] member or department employee [who performs
46	46	functions for the board and] who is assigned to make a decision, a
47	47	finding of fact, or a conclusion of law in a proceeding pending
48	48	before the commission [board] may not directly or indirectly
49	49	communicate with a party to the proceeding or the party's
50	50	representative unless notice and an opportunity to participate are
51	51	given to each party to the proceeding.
52	52	SECTION 6. Section 502.252, Occupations Code, is amended to
53	53	read as follows:
54	54	Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a
55	55	license must:
56	56	(1) file a written application in the manner and [with
57	57	the board] on a form prescribed by the executive director [board];
58	58	and
59	59	(2) pay the appropriate application fee.
60	60	(b) To qualify for a license as a licensed marriage and
61	61	family therapist associate, a person must:
62	62	(1) be at least 18 years of age;
63	63	(2) have completed a graduate internship in marriage
64	64	and family therapy, or an equivalent internship, as approved by the
65	65	commission [board];
66	66	(3) pass the license examination and jurisprudence
67	67	examination determined by the commission [board];
68	68	(4) hold a master's or doctoral degree in marriage and
69	69	family therapy or in a related mental health field with coursework
70	70	and training determined by the commission [board] to be
71	71	substantially equivalent to a graduate degree in marriage and
72	72	family therapy from a regionally accredited institution of higher
73	73	education or an institution of higher education approved by the
74	74	commission [board];
75	75	(5) be of good moral character;
76	76	(6) have not been convicted of a felony or a crime
77	77	involving moral turpitude;
78	78	(7) not use drugs or alcohol to an extent that affects
79	79	the applicant's professional competency;
80	80	(8) not have had a license or certification revoked by
81	81	a licensing agency or by a certifying professional organization;
82	82	and
83	83	(9) not have engaged in fraud or deceit in applying for
84	84	a license under this chapter.
85	85	(c) An applicant is eligible to apply for a license as a
86	86	licensed marriage and family therapist if the person:
87	87	(1) meets the requirements of Subsection (b);
88	88	(2) after receipt of a degree described by Subsection
89	89	(b)(4), has completed two years of work experience in marriage and
90	90	family therapist services that includes at least 3,000 hours of
91	91	clinical practice of which:
92	92	(A) at least 1,500 hours consist of direct
93	93	clinical services; and
94	94	(B) at least 750 hours consist of direct clinical
95	95	services to couples or families; and
96	96	(3) has completed, in a manner acceptable to the
97	97	commission [board], at least 200 hours of supervised provision of
98	98	direct clinical services by the applicant, 100 hours of which must
99	99	be supervised on an individual basis.
100	100	SECTION 7. Sections 502.253(a), (b), and (c), Occupations
101	101	Code, are amended to read as follows:
102	102	(a) The department [board] shall investigate each
103	103	application and any other information submitted by the applicant.
104	104	(b) Not later than the 90th day after the date the
105	105	department [board] receives the completed application from a person
106	106	seeking a license as a licensed marriage and family therapist
107	107	associate, the department [board] shall notify the applicant
108	108	whether the application has been accepted or rejected.
109	109	(c) An applicant for a license as a licensed marriage and
110	110	family therapist associate is eligible to take the examination if
111	111	the applicant:
112	112	(1) is enrolled in a graduate internship described by
113	113	Section 502.252(b)(2) and provides proof to the department [board]
114	114	that the applicant is a student in good standing in an educational
115	115	program described by Section 502.252(b)(4); or
116	116	(2) has completed the internship described by
117	117	Subdivision (1).
118	118	SECTION 8. Sections 502.254(b) and (d), Occupations Code,
119	119	are amended to read as follows:
120	120	(b) An applicant for a license as a licensed marriage and
121	121	family therapist associate under Section 502.252(b) must:
122	122	(1) file an application in the manner and on a form
123	123	prescribed by the executive director [board] not later than the
124	124	90th day before the date of the examination; and
125	125	(2) pay the examination fee [set by the executive
126	126	commissioner of the Health and Human Services Commission by rule].
127	127	(d) The department [board] shall have any written portion of
128	128	an examination validated by an independent testing professional.
129	129	SECTION 9. Section 502.2541, Occupations Code, is amended
130	130	to read as follows:
131	131	Sec. 502.2541. JURISPRUDENCE EXAMINATION. (a) The
132	132	department [board] shall develop and administer at least twice each
133	133	calendar year a jurisprudence examination to determine an
134	134	applicant's knowledge of this chapter, [board] rules adopted under
135	135	this chapter, and any other applicable laws of this state affecting
136	136	the applicant's practice of marriage and family therapy.
137	137	(b) The commission [board] shall adopt rules to implement
138	138	this section, including rules related to the development and
139	139	administration of the examination, examination fees, guidelines
140	140	for reexamination, grading the examination, and providing notice of
141	141	examination results.
142	142	SECTION 10. Section 502.2545, Occupations Code, is amended
143	143	to read as follows:
144	144	Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN
145	145	APPLICANTS. (a) The department [board] may waive the requirement
146	146	that an applicant for a license as a licensed marriage and family
147	147	therapist pass the examination required by Section 502.254 if the
148	148	applicant:
149	149	(1) is a provisional license holder under Section
150	150	502.259 and the department [board] determines that the applicant
151	151	possesses sufficient education and professional experience to
152	152	receive a license without further examination; or
153	153	(2) holds a license issued by another licensing agency
154	154	in a profession related to the practice of marriage and family
155	155	therapy and the department [board] determines that the applicant
156	156	possesses sufficient education and professional experience to
157	157	receive a license without satisfying the examination requirements
158	158	of this chapter.
159	159	(b) The commission [board] may adopt rules necessary to
160	160	administer this section, including rules under Subsection (a)(2)
161	161	prescribing the professions that are related to the practice of
162	162	marriage and family therapy.
163	163	SECTION 11. Section 502.256(b), Occupations Code, is
164	164	amended to read as follows:
165	165	(b) If an applicant fails the examination two or more times,
166	166	the department [board] may require the applicant to:
167	167	(1) complete additional courses of study designated by
168	168	the department [board]; and
169	169	(2) present satisfactory evidence of completion of the
170	170	required courses.
171	171	SECTION 12. Section 502.257, Occupations Code, is amended
172	172	to read as follows:
173	173	Sec. 502.257. ISSUANCE OF LICENSE. The department [board]
174	174	shall issue a license as a licensed marriage and family therapist
175	175	associate or licensed marriage and family therapist, as
176	176	appropriate, to an applicant who:
177	177	(1) complies with the requirements of this chapter;
178	178	(2) passes the licensing examination, unless the
179	179	department [board] exempts the person from the examination
180	180	requirement; and
181	181	(3) pays the required fees.
182	182	SECTION 13. Section 502.259, Occupations Code, is amended
183	183	to read as follows:
184	184	Sec. 502.259. PROVISIONAL LICENSE. (a) The department
185	185	[board] may grant a provisional license to practice as a marriage
186	186	and family therapist in this state without examination to an
187	187	applicant who is licensed or otherwise registered as a marriage and
188	188	family therapist by another state or jurisdiction if the
189	189	requirements to be licensed or registered in the other state or
190	190	jurisdiction were, on the date the person was licensed or
191	191	registered, substantially equal to the requirements of this
192	192	chapter.
193	193	(b) An applicant for a provisional license must:
194	194	(1) be licensed in good standing as a marriage and
195	195	family therapist in another state or jurisdiction that has
196	196	licensing requirements that are substantially equal to the
197	197	requirements of this chapter;
198	198	(2) have passed a national or other examination that:
199	199	(A) is recognized by the commission [board]; and
200	200	(B) relates to marriage and family therapy; and
201	201	(3) be sponsored by a person licensed under this
202	202	chapter [by the board] with whom the provisional license holder may
203	203	practice under this section.
204	204	(c) An applicant may be excused from the requirement of
205	205	Subsection (b)(3) if the department [board] determines that
206	206	compliance with that subsection constitutes a hardship to the
207	207	applicant.
208	208	(d) A provisional license is valid until the date the
209	209	department [board] approves or denies the provisional license
210	210	holder's application for a license under Section 502.257. The
211	211	department [board] shall complete processing of a provisional
212	212	license holder's application for a license not later than the 180th
213	213	day after the date the provisional license is issued. The
214	214	department [board] may extend this period to allow for the receipt
215	215	and tabulation of pending examination results.
216	216	(e) The department [board] shall issue a license under
217	217	Section 502.257 to a provisional license holder if:
218	218	(1) the provisional license holder passes the
219	219	examination required by Section 502.254;
220	220	(2) the department [board] verifies that the
221	221	provisional license holder satisfies the academic and experience
222	222	requirements of this chapter; and
223	223	(3) the provisional license holder satisfies any other
224	224	license requirements under this chapter.
225	225	SECTION 14. Section 502.261(b), Occupations Code, is
226	226	amended to read as follows:
227	227	(b) Each license holder shall notify the department [board]
228	228	of the license holder's current address.
229	229	SECTION 15. Section 502.301(a), Occupations Code, is
230	230	amended to read as follows:
231	231	(a) A license issued under this chapter is subject to
232	232	biennial renewal. [The board shall adopt a system under which
233	233	licenses expire on various dates during the year.]
234	234	SECTION 16. Section 502.351, Occupations Code, is amended
235	235	to read as follows:
236	236	Sec. 502.351. GROUNDS FOR DISCIPLINARY ACTIONS. The
237	237	commission or executive director [board] shall reprimand a license
238	238	holder, place on probation a person whose license has been
239	239	suspended, refuse to renew a person's license, or suspend or revoke
240	240	a holder's license if the person:
241	241	(1) is convicted of a misdemeanor involving moral
242	242	turpitude or a felony;
243	243	(2) obtains or attempts to obtain a license by fraud or
244	244	deception;
245	245	(3) uses drugs or alcohol to an extent that affects the
246	246	license holder's professional competence;
247	247	(4) performs professional duties in a grossly
248	248	negligent manner;
249	249	(5) is adjudicated as mentally incompetent by a court;
250	250	(6) practices in a manner that is detrimental to the
251	251	public health or welfare;
252	252	(7) advertises in a manner that tends to deceive or
253	253	defraud the public;
254	254	(8) has a license or certification revoked by a
255	255	licensing agency or a certifying professional organization;
256	256	(9) violates this chapter or a rule or code of ethics
257	257	adopted under this chapter; or
258	258	(10) commits an act for which liability exists under
259	259	Chapter 81, Civil Practice and Remedies Code.
260	260	SECTION 17. Section 502.357, Occupations Code, is amended
261	261	to read as follows:
262	262	Sec. 502.357. GROUNDS FOR REFUSING RENEWAL. The department
263	263	[board] may refuse to renew the license of a person who fails to pay
264	264	an administrative penalty imposed under Subchapter F, Chapter 51,
265	265	[I] unless enforcement of the penalty is stayed or a court has
266	266	ordered that the administrative penalty is not owed.
267	267	SECTION 18. Section 502.358, Occupations Code, is amended
268	268	to read as follows:
269	269	Sec. 502.358. REFUND. (a) Subject to Subsection (b), the
270	270	commission or executive director [board] may order a license holder
271	271	to pay a refund to a consumer as provided in an agreement resulting
272	272	from an informal settlement conference instead of or in addition to
273	273	imposing an administrative penalty under this chapter.
274	274	(b) The amount of a refund ordered as provided in an
275	275	agreement resulting from an informal settlement conference may not
276	276	exceed the amount the consumer paid to the license holder for a
277	277	service regulated by this chapter. The commission or executive
278	278	director [board] may not require payment of other damages or
279	279	estimate harm in a refund order.
280	280	SECTION 19. Section 502.453, Occupations Code, is amended
281	281	to read as follows:
282	282	Sec. 502.453. CIVIL PENALTY. (a) A person who violates
283	283	this chapter or a rule or order adopted [by the board] under this
284	284	chapter is liable for a civil penalty not to exceed $1,000 a day.
285	285	(b) At the request of the commission [board] or executive
286	286	director [department], the attorney general shall bring an action
287	287	to recover a civil penalty authorized under this section.
288	288	SECTION 20. Section 503.002, Occupations Code, is amended
289	289	by amending Subdivisions (1) and (2) and adding Subdivision (2-a)
290	290	to read as follows:
291	291	(1) "Commission" ["Board"] means the Texas Commission
292	292	of Licensing and Regulation [State Board of Examiners of
293	293	Professional Counselors].
294	294	(2) "Department" means the Texas Department of
295	295	Licensing and Regulation [State Health Services].
296	296	(2-a) "Executive director" means the executive
297	297	director of the department.
298	298	SECTION 21. The heading to Subchapter E, Chapter 503,
299	299	Occupations Code, is amended to read as follows:
300	300	SUBCHAPTER E. [BOARD] POWERS AND DUTIES
301	301	SECTION 22. Section 503.201, Occupations Code, is amended
302	302	to read as follows:
303	303	Sec. 503.201. GENERAL POWERS AND DUTIES. (a) The executive
304	304	director shall administer and enforce this chapter.
305	305	(b) The commission [board] shall:
306	306	(1) determine the qualifications and fitness of an
307	307	applicant for a license, license renewal, or provisional license;
308	308	(2) examine for, deny, approve, issue, revoke,
309	309	suspend, suspend on an emergency basis, place on probation, and
310	310	renew the license of an applicant or license holder under this
311	311	chapter;
312	312	(3) adopt and publish a code of ethics;
313	313	(4) by rule adopt a list of authorized counseling
314	314	methods or practices that a license holder may undertake or
315	315	perform; and
316	316	(5) adopt an official seal.
317	317	(c) [(b)] The commission or executive director [board] may
318	318	request and shall receive the assistance of a state educational
319	319	institution or other state agency.
320	320	SECTION 23. Section 503.207, Occupations Code, is amended
321	321	to read as follows:
322	322	Sec. 503.207. LICENSE HOLDER REGISTRY. (a) Each year the
323	323	department [board] shall prepare a registry of persons licensed
324	324	under this chapter. The registry must include listings of any
325	325	specializations permitted by law or by commission [board] rule.
326	326	The registry shall be made available on request to a license holder,
327	327	another state agency, or a member of the public.
328	328	(b) A person licensed under this chapter shall inform the
329	329	department [board] of the person's current address at all times.
330	330	SECTION 24. Section 503.208, Occupations Code, is amended
331	331	to read as follows:
332	332	Sec. 503.208. COMPETENT PERFORMANCE OF PROFESSIONAL
333	333	DUTIES. The commission [board] shall identify the key factors for
334	334	the competent performance by a license holder of the license
335	335	holder's professional duties.
336	336	SECTION 25. Section 503.302, Occupations Code, is amended
337	337	to read as follows:
338	338	Sec. 503.302. QUALIFICATIONS FOR LICENSE. (a) A person
339	339	qualifies for a license under this chapter if the person:
340	340	(1) is at least 18 years old;
341	341	(2) has a master's or doctoral degree in counseling or
342	342	a related field;
343	343	(3) has successfully completed a graduate degree at a
344	344	regionally accredited institution of higher education and the
345	345	number of graduate semester hours required by commission [board]
346	346	rule, which may not be less than 48 hours and must include 300 clock
347	347	hours of supervised practicum that:
348	348	(A) is primarily counseling in nature; and
349	349	(B) meets the specific academic course content
350	350	and training standards established by the commission [board];
351	351	(4) has completed the number of supervised experience
352	352	hours required by commission [board] rule, which may not be less
353	353	than 3,000 hours working in a counseling setting that meets the
354	354	requirements established by the commission [board] after the
355	355	completion of the graduate program described by Subdivision (3);
356	356	(5) [except as provided by Subsection (b),] passes the
357	357	license examination and jurisprudence examination required by this
358	358	chapter;
359	359	(6) submits an application in the manner and on a form
360	360	prescribed [as required] by the executive director [board],
361	361	accompanied by the required application fee; and
362	362	(7) meets any other requirement prescribed by the
363	363	commission [board].
364	364	(b) [(d)] In establishing the standards described by
365	365	Subsection (a)(3)(B), the commission [board] shall review and
366	366	consider the standards as developed by the appropriate professional
367	367	association.
368	368	(c) [(e)] The commission [board] may require the statements
369	369	on a license application to be made under oath.
370	370	SECTION 26. Section 503.303(b), Occupations Code, is
371	371	amended to read as follows:
372	372	(b) The department [board] shall accept an individual
373	373	course from an art therapy program accredited through the American
374	374	Art Therapy Association as satisfying the education requirements
375	375	under Section 503.302(a)(3) if at least 75 percent of the course
376	376	content is substantially equivalent to the content of a course
377	377	required by commission [board] rule.
378	378	SECTION 27. Section 503.304, Occupations Code, is amended
379	379	to read as follows:
380	380	Sec. 503.304. REVIEW OF APPLICATION. (a) Not later than
381	381	the 30th day before the examination date, after investigation of a
382	382	license application and review of other evidence submitted, the
383	383	department [board] shall notify the applicant that the application
384	384	and evidence submitted are:
385	385	(1) satisfactory and accepted; or
386	386	(2) unsatisfactory and rejected.
387	387	(b) If the department [board] rejects an application, the
388	388	department [board] shall state in the notice the reasons for the
389	389	rejection.
390	390	SECTION 28. Section 503.305, Occupations Code, is amended
391	391	to read as follows:
392	392	Sec. 503.305. LICENSE EXAMINATION. (a) The department
393	393	[board] shall administer examinations to determine the competence
394	394	of qualified applicants at least twice each calendar year.
395	395	(b) The department [board] shall contract with a nationally
396	396	recognized testing organization to develop and administer a written
397	397	professional counselor licensing examination to applicants who
398	398	apply for a license under this chapter.
399	399	SECTION 29. Section 503.3055, Occupations Code, is amended
400	400	to read as follows:
401	401	Sec. 503.3055. JURISPRUDENCE EXAMINATION. (a) The
402	402	department [board] shall develop and administer at least twice each
403	403	calendar year a jurisprudence examination to determine an
404	404	applicant's knowledge of this chapter, commission [board] rules,
405	405	and any other applicable laws of this state affecting the
406	406	applicant's professional counseling practice.
407	407	(b) The commission [board] shall adopt rules to implement
408	408	this section, including rules related to the development and
409	409	administration of the examination, examination fees, guidelines
410	410	for reexamination, grading the examination, and providing notice of
411	411	examination results.
412	412	SECTION 30. Sections 503.310(a), (c), and (d), Occupations
413	413	Code, are amended to read as follows:
414	414	(a) On application and payment of applicable fees, the
415	415	department [board] may issue a provisional license to a person who
416	416	holds a license as a counselor or art therapist issued by another
417	417	state or by a jurisdiction acceptable to the commission [board].
418	418	(c) An applicant is not required to comply with Subsection
419	419	(b)(3) if the department [board] determines that compliance with
420	420	that subsection is a hardship to the applicant.
421	421	(d) A provisional license is valid until the date the
422	422	department [board] approves or denies the provisional license
423	423	holder's application for a license under Section 503.311.
424	424	SECTION 31. Section 503.311, Occupations Code, is amended
425	425	to read as follows:
426	426	Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
427	427	HOLDER. (a) The department [board] shall issue a license to the
428	428	holder of a provisional license who applies for a license if:
429	429	(1) the department [board] verifies that the applicant
430	430	has the academic and experience requirements for a regular license
431	431	under this chapter; and
432	432	(2) the applicant satisfies any other license
433	433	requirements under this chapter.
434	434	(b) The department [board] must complete the processing of a
435	435	provisional license holder's application for a license not later
436	436	than the later of:
437	437	(1) the 180th day after the date the provisional
438	438	license is issued; or
439	439	(2) the date licenses are issued following completion
440	440	of the examination.
441	441	SECTION 32. Section 503.313, Occupations Code, is amended
442	442	to read as follows:
443	443	Sec. 503.313. RETIREMENT STATUS. The commission [board] by
444	444	rule may adopt a system for placing a person licensed under this
445	445	chapter on retirement status.
446	446	SECTION 33. Section 503.314(b), Occupations Code, is
447	447	amended to read as follows:
448	448	(b) A license certificate issued under this chapter [by the
449	449	board] is the property of the department [board] and must be
450	450	surrendered on demand.
451	451	SECTION 34. Section 503.351, Occupations Code, is amended
452	452	to read as follows:
453	453	Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed
454	454	under this chapter may renew the license biennially if the person:
455	455	(1) is not in violation of this chapter when the person
456	456	applies for renewal; and
457	457	(2) fulfills the continuing education requirements
458	458	[established by the board].
459	459	SECTION 35. Sections 503.401(a) and (b), Occupations Code,
460	460	are amended to read as follows:
461	461	(a) A person licensed under this chapter is subject to
462	462	disciplinary action under this section if the person:
463	463	(1) violates this chapter or a rule or code of ethics
464	464	adopted under this chapter [by the board];
465	465	(2) commits an act for which the license holder would
466	466	be liable under Chapter 81, Civil Practice and Remedies Code;
467	467	(3) is legally committed to an institution because of
468	468	mental incompetence from any cause; or
469	469	(4) directly or indirectly offers to pay or agrees to
470	470	accept remuneration to or from any person for securing or
471	471	soliciting a patient or patronage.
472	472	(b) If a person is subject to disciplinary action under this
473	473	section, the commission or executive director [board] shall:
474	474	(1) revoke or suspend the person's license, including
475	475	a suspension on an emergency basis;
476	476	(2) refuse to renew the person's license;
477	477	(3) suspend the person's license and place the person
478	478	on probation with the license suspension probated; or
479	479	(4) reprimand the person.
480	480	SECTION 36. Section 503.407, Occupations Code, is amended
481	481	to read as follows:
482	482	Sec. 503.407. REFUND. (a) Subject to Subsection (b), the
483	483	commission or executive director [board] may order a license holder
484	484	to pay a refund to a consumer as provided in an agreement resulting
485	485	from an informal settlement conference instead of or in addition to
486	486	imposing an administrative penalty under this chapter.
487	487	(b) The amount of a refund ordered as provided in an
488	488	agreement resulting from an informal settlement conference may not
489	489	exceed the amount the consumer paid to the license holder for a
490	490	service regulated by this chapter. The commission or executive
491	491	director [board] may not require payment of other damages or
492	492	estimate harm in a refund order.
493	493	SECTION 37. Section 503.453, Occupations Code, is amended
494	494	to read as follows:
495	495	Sec. 503.453. REPORT OF ALLEGED OFFENSE. The department
496	496	[board] shall notify the appropriate prosecuting attorney of an
497	497	alleged offense committed under this chapter.
498	498	SECTION 38. Section 504.001, Occupations Code, is amended
499	499	by amending Subdivisions (5), (7), (8), and (9) to read as follows:
500	500	(5) "Commission" ["Commissioner"] means the Texas
501	501	Commission of Licensing and Regulation [commissioner of state
502	502	health services].
503	503	(7) "Department" means the Texas Department of
504	504	Licensing and Regulation [State Health Services].
505	505	(8) "Executive director [commissioner]" means the
506	506	executive director [commissioner] of the department [Health and
507	507	Human Services Commission].
508	508	(9) "Peer assistance program" means a program approved
509	509	by the commission [department] under Section 504.057.
510	510	SECTION 39. The heading to Subchapter B, Chapter 504,
511	511	Occupations Code, is amended to read as follows:
512	512	SUBCHAPTER B. POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
513	513	DEPARTMENT]
514	514	SECTION 40. Section 504.051, Occupations Code, is amended
515	515	to read as follows:
516	516	Sec. 504.051. GENERAL POWERS AND DUTIES [OF EXECUTIVE
517	517	COMMISSIONER]. (a) The executive director [commissioner] shall
518	518	administer and enforce this chapter.
519	519	(b) The commission shall establish:
520	520	(1) [adopt rules as necessary for the performance of
521	521	its duties under this chapter;
522	522	[(2) establish] standards of conduct and ethics for
523	523	persons licensed under this chapter; and
524	524	(2) [(3) establish] any additional criteria for peer
525	525	assistance programs for chemical dependency counselors that the
526	526	commission [executive commissioner] determines necessary.
527	527	SECTION 41. Section 504.052, Occupations Code, is amended
528	528	to read as follows:
529	529	Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an
530	530	action or making a decision under this chapter, the commission,
531	531	executive director [commissioner, commissioner], and department
532	532	shall do so without regard to the sex, race, religion, national
533	533	origin, color, or political affiliation of the person
534	534	affected. For purposes of this section, taking an action or making
535	535	a decision under this chapter includes:
536	536	(1) considering a license application;
537	537	(2) conducting an examination;
538	538	(3) adopting or enforcing a rule; and
539	539	(4) conducting a disciplinary proceeding.
540	540	SECTION 42. Section 504.055(d), Occupations Code, is
541	541	amended to read as follows:
542	542	(d) The department may charge a fee in an amount set by the
543	543	commission [executive commissioner] by rule for the roster
544	544	published under this section.
545	545	SECTION 43. Sections 504.057(a) and (b), Occupations Code,
546	546	are amended to read as follows:
547	547	(a) The commission [department] shall approve one or more
548	548	peer assistance programs established [by the department or a
549	549	professional association] in accordance with Chapter 467, Health
550	550	and Safety Code, from which persons licensed under this chapter may
551	551	seek assistance.
552	552	(b) The commission [department] shall approve a peer
553	553	assistance program that:
554	554	(1) meets the minimum criteria established [by the
555	555	executive commissioner or department] under Chapter 467, Health and
556	556	Safety Code;
557	557	(2) meets any additional criteria established by the
558	558	commission [executive commissioner or department] for chemical
559	559	dependency counselors licensed under this chapter; and
560	560	(3) is designed to assist a chemical dependency
561	561	counselor whose ability to perform a professional service is
562	562	impaired by abuse of or dependency on drugs or alcohol.
563	563	SECTION 44. Section 504.058(a), Occupations Code, is
564	564	amended to read as follows:
565	565	(a) The department [executive commissioner] shall add a
566	566	surcharge of not more than $10 to the license or license renewal fee
567	567	for a license under this chapter to fund approved peer assistance
568	568	programs for chemical dependency counselors. Money collected from
569	569	the surcharge shall be remitted to the comptroller for deposit to
570	570	the credit of the chemical dependency counselor account. The
571	571	chemical dependency counselor account is an account in the general
572	572	revenue fund.
573	573	SECTION 45. Section 504.1515(a), Occupations Code, is
574	574	amended to read as follows:
575	575	(a) A person seeking a license as a chemical dependency
576	576	counselor shall register with the department as a counselor intern
577	577	by submitting, in the manner prescribed by [a form acceptable to]
578	578	the executive director [department], the following:
579	579	(1) an application fee and a background investigation
580	580	fee;
581	581	(2) a completed, signed, dated, and notarized
582	582	application on a form prescribed by the executive director
583	583	[department];
584	584	(3) a recent full-face wallet-sized photograph of the
585	585	applicant;
586	586	(4) two sets of fingerprints submitted [completed in
587	587	accordance with department instructions] on a form prescribed
588	588	[cards issued] by the executive director [department];
589	589	(5) documentation verifying the applicant
590	590	successfully completed:
591	591	(A) 270 total hours of approved curricula
592	592	described by Section 504.152(a)(3)(A) [504.152(3)(A)]; and
593	593	(B) 300 hours of approved supervised field work
594	594	practicum described by Section 504.152(a)(3)(C) [504.152(3)(C)];
595	595	and
596	596	(6) documentation verifying the applicant received a
597	597	high school diploma or its equivalent.
598	598	SECTION 46. Section 504.152(a), Occupations Code, is
599	599	amended to read as follows:
600	600	(a) To be eligible for a license under this chapter, a
601	601	person must:
602	602	(1) be at least 18 years of age;
603	603	(2) hold an associate degree or a more advanced
604	604	degree;
605	605	(3) have completed:
606	606	(A) 135 hours, or nine semester hours, specific
607	607	to substance abuse disorders and treatment and an additional 135
608	608	hours, or nine semester hours, specific or related to chemical
609	609	dependency counseling;
610	610	(B) 4,000 hours of approved supervised
611	611	experience working with chemically dependent persons; and
612	612	(C) 300 hours of approved supervised field work
613	613	practicum;
614	614	(4) provide two letters of reference from chemical
615	615	dependency counselors;
616	616	(5) pass a written examination approved by the
617	617	department;
618	618	(6) submit a case presentation to the test
619	619	administrator;
620	620	(7) be determined by the department to be worthy of the
621	621	public trust and confidence;
622	622	(8) successfully complete the chemical dependency
623	623	counselor examination under Section 504.156;
624	624	(9) sign a written agreement to comply with the
625	625	standards of ethics approved by the commission [department]; and
626	626	(10) provide to the department written assurance that
627	627	the applicant has access to a peer assistance program.
628	628	SECTION 47. Section 504.1521(b), Occupations Code, is
629	629	amended to read as follows:
630	630	(b) The commission [executive commissioner] shall adopt
631	631	rules necessary to:
632	632	(1) register clinical training institutions that meet
633	633	the criteria established by the commission [executive
634	634	commissioner] to protect the safety and welfare of the people of
635	635	this state; and
636	636	(2) certify clinical supervisors who hold
637	637	certification credentials approved by the commission [department]
638	638	or by a person designated by the commission [department], such as
639	639	the International Certification and Reciprocity Consortium or
640	640	another person that meets the criteria established by the
641	641	commission [executive commissioner] to protect the safety and
642	642	welfare of the people of this state.
643	643	SECTION 48. Sections 504.1525(a) and (b), Occupations Code,
644	644	are amended to read as follows:
645	645	(a) Except as provided by Subsection (b), the department may
646	646	not issue a license, registration, or certification under this
647	647	chapter to an applicant who has been:
648	648	(1) convicted or placed on community supervision
649	649	during the three years preceding the date of application in any
650	650	jurisdiction for an offense equal to a Class B misdemeanor
651	651	specified by commission [department] rule;
652	652	(2) convicted or placed on community supervision in
653	653	any jurisdiction for an offense equal to or greater than a Class A
654	654	misdemeanor specified by commission [department] rule; or
655	655	(3) found to be incapacitated by a court on the basis
656	656	of a mental defect or disease.
657	657	(b) The department may issue a license, registration, or
658	658	certification to a person convicted or placed on community
659	659	supervision in any jurisdiction for a drug or alcohol offense
660	660	described by Subsection (a)(1) or (2) if the commission or
661	661	executive director [department] determines that the applicant has
662	662	successfully completed participation in an approved peer
663	663	assistance program.
664	664	SECTION 49. Sections 504.155(a), (b), and (c), Occupations
665	665	Code, are amended to read as follows:
666	666	(a) An application for a license under this chapter must:
667	667	(1) be submitted in the manner and on a form prescribed
668	668	[and furnished] by the executive director [department]; and
669	669	(2) contain a statement made under oath of the
670	670	applicant's education, experience, and other qualifications
671	671	established by the commission [department] as required for a
672	672	license under this chapter.
673	673	(b) The commission or executive director [department] may
674	674	require additional information regarding the quality, scope, and
675	675	nature of the experience and competence of the applicant if the
676	676	commission or executive director [department] determines that a
677	677	person's application lacks sufficient information for
678	678	consideration by the department.
679	679	(c) The department may obtain criminal history record
680	680	information relating to an applicant for a license under this
681	681	chapter from the Department of Public Safety and the Federal Bureau
682	682	of Investigation. The department may deny an application for a
683	683	license if the applicant fails to provide two complete sets of
684	684	fingerprints on a form prescribed by the executive director
685	685	[department].
686	686	SECTION 50. The heading to Section 504.157, Occupations
687	687	Code, is amended to read as follows:
688	688	Sec. 504.157. [EXAMINATION RESULTS;] REEXAMINATION.
689	689	SECTION 51. Section 504.157(d), Occupations Code, is
690	690	amended to read as follows:
691	691	(d) The commission [executive commissioner] by rule shall
692	692	establish the criteria under which an applicant may take a
693	693	subsequent examination under Subsection (c).
694	694	SECTION 52. Section 504.201(a), Occupations Code, is
695	695	amended to read as follows:
696	696	(a) A license issued under this chapter expires on the
697	697	second anniversary of the date of issuance. [The executive
698	698	commissioner by rule shall adopt a system under which licenses
699	699	expire on various dates during the year.]
700	700	SECTION 53. Section 504.2025(b), Occupations Code, is
701	701	amended to read as follows:
702	702	(b) The commission or executive director [department] may
703	703	renew a license under this chapter if the commission or executive
704	704	director [department] determines that the person has successfully
705	705	completed participation in an approved peer assistance program
706	706	subsequent to the conviction or placement on community supervision
707	707	for an offense described by Section 504.1525(b).
708	708	SECTION 54. Section 504.2026(b), Occupations Code, is
709	709	amended to read as follows:
710	710	(b) The commission or executive director [department] may
711	711	waive the requirement of Subsection (a) if the commission or
712	712	executive director [department] determines that a peer assistance
713	713	program is not reasonably available to the license holder.
714	714	SECTION 55. Section 504.205(d), Occupations Code, is
715	715	amended to read as follows:
716	716	(d) Except for the number of hours required, the commission
717	717	[executive commissioner] may not adopt a rule [under Subsection
718	718	(a)] that distinguishes between the continuing education
719	719	requirements for a license holder subject to Subsection (b) and a
720	720	license holder subject to Subsection (c).
721	721	SECTION 56. Sections 504.206(b) and (d), Occupations Code,
722	722	are amended to read as follows:
723	723	(b) The commission [department] shall recognize, prepare,
724	724	or administer a training component that satisfies the requirement
725	725	of Subsection (a) for use in continuing education for chemical
726	726	dependency counselors.
727	727	(d) In developing the training component, the commission
728	728	[department] may, to the extent appropriate, consider the training
729	729	course relating to hepatitis C developed by the Department of State
730	730	Health Services [department] under Section 94.002, Health and
731	731	Safety Code.
732	732	SECTION 57. Section 504.251, Occupations Code, is amended
733	733	to read as follows:
734	734	Sec. 504.251. GROUNDS FOR LICENSE, REGISTRATION, OR
735	735	CERTIFICATION DENIAL OR DISCIPLINARY ACTION. The commission or
736	736	executive director [department] shall refuse to issue a license,
737	737	registration, or certification [issued by the department] to an
738	738	applicant, refuse to renew a person's license, registration, or
739	739	certification [holder's license, registration, or certification
740	740	issued by the department], or take disciplinary action against the
741	741	holder of a license, registration, or certification [issued by the
742	742	department] if the applicant or license, registration, or
743	743	certification holder:
744	744	(1) violates or assists another to violate this
745	745	chapter or a rule adopted under this chapter;
746	746	(2) circumvents or attempts to circumvent this chapter
747	747	or a rule adopted under this chapter;
748	748	(3) directly or indirectly participates in a plan to
749	749	evade this chapter or a rule adopted under this chapter;
750	750	(4) has a license to practice chemical dependency
751	751	counseling in another jurisdiction refused, suspended, or revoked
752	752	for a reason that the commission or executive director [department]
753	753	determines would constitute a violation of this chapter or a rule
754	754	adopted under this chapter;
755	755	(5) engages in false, misleading, or deceptive conduct
756	756	as defined by Section 17.46, Business & Commerce Code;
757	757	(6) engages in conduct that discredits or tends to
758	758	discredit the profession of chemical dependency counseling;
759	759	(7) directly or indirectly reveals a confidential
760	760	communication made to the person by a client or recipient of
761	761	services, except as required by law;
762	762	(8) refuses to perform an act or service the person is
763	763	licensed, registered, or certified to perform under this chapter on
764	764	the basis of the client's or recipient's age, sex, race, religion,
765	765	national origin, color, or political affiliation; or
766	766	(9) commits an act for which liability exists under
767	767	Chapter 81, Civil Practice and Remedies Code.
768	768	SECTION 58. Sections 504.255(a) and (c), Occupations Code,
769	769	are amended to read as follows:
770	770	(a) A person whose license, registration, or certification
771	771	application is denied under Section 504.1525, whose license,
772	772	registration, or certification renewal is refused under Section
773	773	504.2025, or whose license, registration, or certification is
774	774	suspended [under Section 504.2525] may appeal the denial, refusal
775	775	to renew, or suspension on the grounds that:
776	776	(1) the sole basis for the [department's]
777	777	determination is a conviction or placement on community supervision
778	778	for an offense described by Section 504.1525; and
779	779	(2) sufficient time, as determined by commission
780	780	[department] rule, has expired since the date of the conviction or
781	781	placement.
782	782	(c) After a hearing under this section, the commission or
783	783	executive director [department] may determine that the person is
784	784	entitled to a license, registration, or certification under this
785	785	chapter.
786	786	SECTION 59. The heading to Subchapter H, Chapter 504,
787	787	Occupations Code, is amended to read as follows:
788	788	SUBCHAPTER H. CIVIL PENALTY [OTHER PENALTIES AND ENFORCEMENT
789	789	PROVISIONS]
790	790	SECTION 60. Section 504.351, Occupations Code, is amended
791	791	to read as follows:
792	792	Sec. 504.351. [INJUNCTIVE RELIEF;] CIVIL PENALTY. A
793	793	person who violates [(a) If it appears that a person has violated,
794	794	is violating,] or threatens [is threatening] to violate this
795	795	chapter or a rule adopted under this chapter is liable for a civil
796	796	penalty of [, the department or the attorney general at the request
797	797	of the department may institute an action in district court for an
798	798	injunction, a civil penalty, or both.
799	799	[(b) On application for injunctive relief and a finding that
800	800	a person is violating or threatening to violate this chapter or a
801	801	rule adopted under this chapter, the district court may grant
802	802	injunctive relief as the facts warrant. The department is not
803	803	required to give an appeal bond in an appeal of an action seeking
804	804	injunctive relief under this section.
805	805	[(c) The amount of a civil penalty imposed under this
806	806	section may] not [be] less than $50 or more than $500 for each day of
807	807	the violation.
808	808	SECTION 61. Section 505.002, Occupations Code, is amended
809	809	to read as follows:
810	810	Sec. 505.002. DEFINITIONS. In this chapter:
811	811	(1) "Commission" means the Texas Commission of
812	812	Licensing and Regulation.
813	813	(2) ["Board" means the Texas State Board of Social
814	814	Worker Examiners.
815	815	[(3)] "Council on Social Work Education" means the
816	816	national organization that is primarily responsible for the
817	817	accreditation of schools of social work in the United States or its
818	818	successor approved by the commission [board].
819	819	(3) [(4)] "Department" means the Texas Department of
820	820	Licensing and Regulation [State Health Services].
821	821	(4) "Executive director" means the executive director
822	822	of the department.
823	823	(5) [(4-a)] "Licensed baccalaureate social worker"
824	824	means a person who holds a baccalaureate social worker license
825	825	issued [by the board] under this chapter.
826	826	(6) [(4-b)] "Licensed clinical social worker" means a
827	827	person who holds a clinical social worker license issued [by the
828	828	board] under this chapter.
829	829	(7) [(5)] "Licensed master social worker" means a
830	830	person who holds a master social worker license issued [by the
831	831	board] under this chapter.
832	832	(8) [(6)] "Licensed social worker" means a person who
833	833	holds a social worker license issued [by the board] under this
834	834	chapter.
835	835	(9) "Social worker" means a person who holds any
836	836	license issued [by the board] under this chapter.
837	837	SECTION 62. Section 505.201, Occupations Code, is amended
838	838	to read as follows:
839	839	Sec. 505.201. GENERAL RULEMAKING AND ENFORCEMENT
840	840	AUTHORITY. (a) The executive director shall administer and
841	841	enforce this chapter.
842	842	(b) The commission [board] may:
843	843	(1) [adopt and enforce rules necessary to perform the
844	844	board's duties under this chapter;
845	845	[(2)] establish standards of conduct and ethics for
846	846	license holders; and
847	847	(2) [(3)] ensure strict compliance with and
848	848	enforcement of this chapter.
849	849	[(b) In adopting rules under this section, the board shall
850	850	consider the rules and procedures of the department. The board
851	851	shall adopt procedural rules, which may not be inconsistent with
852	852	similar rules and procedures of the department.]
853	853	(c) The commission [board] by rule may define a term not
854	854	defined under Section 505.002 if a definition is necessary to
855	855	administer or enforce this chapter.
856	856	(d) [(e)] For each type of license issued under this
857	857	chapter, the commission [board] shall establish:
858	858	(1) the minimum eligibility requirements;
859	859	(2) educational requirements;
860	860	(3) professional experience criteria;
861	861	(4) supervision requirements; and
862	862	(5) independent practice criteria.
863	863	(e) [(f)] The commission [board] shall establish procedures
864	864	for recognition of independent practice.
865	865	SECTION 63. Section 505.205, Occupations Code, is amended
866	866	to read as follows:
867	867	Sec. 505.205. ROSTER OF LICENSE HOLDERS. (a) The
868	868	department [board] shall prepare and publish at its discretion a
869	869	roster that contains the name and address of each person licensed
870	870	under this chapter.
871	871	(b) The department [board] shall mail a copy of the roster
872	872	to each license holder.
873	873	(c) The department [board] may not include in the roster the
874	874	name and address of a person who is delinquent in the payment of a
875	875	fee required under this chapter on the date the roster is sent for
876	876	printing.
877	877	SECTION 64. Section 505.206, Occupations Code, is amended
878	878	to read as follows:
879	879	Sec. 505.206. ROSTER OF INDEPENDENT SOCIAL WORKERS. The
880	880	department [board] shall publish a roster of persons recognized
881	881	under Section 505.307 as qualified for the independent practice of
882	882	social work.
883	883	SECTION 65. Section 505.301, Occupations Code, is amended
884	884	to read as follows:
885	885	Sec. 505.301. ESTABLISHMENT OF SPECIALTY AREA. (a) The
886	886	commission [board] may establish within the scope of social work
887	887	practice and this chapter specialty areas of social work for
888	888	license holders under this chapter who are licensed in good
889	889	standing if establishment of the specialty areas:
890	890	(1) is necessary to promote the public interest; and
891	891	(2) assists the public in identifying qualified
892	892	persons in a social work practice specialty.
893	893	(b) The commission [board] may not authorize a specialty
894	894	area within the practice of social work unless the commission
895	895	[board] sets the minimum qualifications for social work practice
896	896	with appropriate supervision and examination [, as determined by
897	897	the board].
898	898	(c) The commission [board] may not establish a specialty
899	899	area of social work or a specialty area identification that
900	900	conflicts with a state licensing law.
901	901	SECTION 66. Section 505.302(a), Occupations Code, is
902	902	amended to read as follows:
903	903	(a) In establishing a specialty area of social work, the
904	904	commission [board] shall:
905	905	(1) define the scope of the specialty;
906	906	(2) establish qualifications for specialty area
907	907	practitioners that describe, in accordance with Subdivision (1),
908	908	the scope of the specialty area;
909	909	(3) adopt rules of conduct to ensure strict compliance
910	910	with and enforcement of this chapter; and
911	911	(4) adopt rules for the suspension or revocation of an
912	912	order of recognition of specialty.
913	913	SECTION 67. Sections 505.303(a) and (c), Occupations Code,
914	914	are amended to read as follows:
915	915	(a) The commission [board] shall establish a specialty area
916	916	for the practice of clinical social work that is available only to a
917	917	licensed master social worker who satisfies the minimum number of
918	918	years of active social work practice with appropriate supervision
919	919	and clinical examination, as determined by the commission [board].
920	920	(c) For purposes of Subchapter C, Chapter 1451, Insurance
921	921	Code:
922	922	(1) a person recognized as qualified for the
923	923	independent practice of clinical social work may use the title
924	924	"Licensed Clinical Social Worker" or another title approved by the
925	925	commission [board]; and
926	926	(2) a commission-approved [board-approved] title
927	927	under this subsection has the same meaning and effect as the title
928	928	"Licensed Clinical Social Worker."
929	929	SECTION 68. Section 505.304, Occupations Code, is amended
930	930	to read as follows:
931	931	Sec. 505.304. ORDER OF RECOGNITION OF SPECIALTY. (a) The
932	932	commission [board] shall prescribe the name, design, and content of
933	933	an order of recognition of specialty.
934	934	(b) An order of recognition of specialty must:
935	935	(1) state the full name of the person recognized in the
936	936	order; and
937	937	(2) state the official specialty serial number [;
938	938	[(3) include the presiding officer's signature; and
939	939	[(4) include the board's official seal].
940	940	SECTION 69. Section 505.305, Occupations Code, is amended
941	941	to read as follows:
942	942	Sec. 505.305. RECOGNITION OF SPECIALTY; ISSUANCE OF ORDER.
943	943	(a) The department [board] shall recognize a social worker as
944	944	qualified for the practice of a specialty area of social work if the
945	945	social worker satisfies the recognition requirements established
946	946	by the commission [board] and the department [board] determines
947	947	that the person is worthy of the public trust in performing services
948	948	within the scope of the specialty area.
949	949	(b) The department [board] shall issue an order of
950	950	recognition of specialty to a social worker who is recognized as
951	951	qualified for the practice of a specialty area of social work. The
952	952	order of recognition of specialty evidences the state's recognition
953	953	of the social worker as a specialty social work practitioner under
954	954	the identification or title designated by the commission [board].
955	955	SECTION 70. Section 505.306, Occupations Code, is amended
956	956	to read as follows:
957	957	Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA
958	958	IDENTIFICATION OR TITLE. If the commission [board] establishes a
959	959	specialty area of social work, a social worker may not use the
960	960	specialty area identification or title designated by the commission
961	961	[board] unless the person is recognized as qualified for the
962	962	practice of the specialty area under this chapter.
963	963	SECTION 71. Section 505.307, Occupations Code, is amended
964	964	to read as follows:
965	965	Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM
966	966	QUALIFICATIONS. (a) The commission [board] shall establish
967	967	procedures for recognizing a social worker qualified for the
968	968	independent practice of social work.
969	969	(b) A social worker may not be recognized as qualified for
970	970	the independent practice of social work unless the person satisfies
971	971	the requirements of social work education, experience, and
972	972	supervision as determined by the commission [board].
973	973	SECTION 72. Section 505.352, Occupations Code, is amended
974	974	to read as follows:
975	975	Sec. 505.352. LICENSE APPLICATION. A person may apply for a
976	976	license under this chapter by submitting an application to the
977	977	department [board]. The application must:
978	978	(1) be in the manner and on a form prescribed by the
979	979	executive director [board]; and
980	980	(2) contain statements made under oath regarding the
981	981	applicant's education and experience and any other information
982	982	required by the department [board] that qualifies the applicant for
983	983	a license.
984	984	SECTION 73. Section 505.353, Occupations Code, is amended
985	985	to read as follows:
986	986	Sec. 505.353. ELIGIBILITY. (a) To be eligible for a
987	987	license under this chapter, an applicant must:
988	988	(1) be at least 18 years of age;
989	989	(2) be worthy of the public trust and confidence;
990	990	(3) satisfy the education and experience requirements
991	991	under this section; and
992	992	(4) pass the licensing examination conducted by the
993	993	department [board] under Section 505.354 and the jurisprudence
994	994	examination conducted by the department [board] under Section
995	995	505.3545.
996	996	(b) An applicant may take the licensing examination
997	997	conducted by the department [board] under Section 505.354 for:
998	998	(1) a master social worker license if the applicant
999	999	possesses a doctoral or master's degree in social work from a
1000	1000	graduate program that is accredited by or is in candidacy for
1001	1001	accreditation by the Council on Social Work Education;
1002	1002	(2) a baccalaureate social worker license if the
1003	1003	applicant possesses a baccalaureate degree in social work from an
1004	1004	educational program that is accredited by or is in candidacy for
1005	1005	accreditation by the Council on Social Work Education; or
1006	1006	(3) a clinical social worker license if the applicant
1007	1007	possesses a doctoral or master's degree in social work from an
1008	1008	accredited graduate program approved by the commission [board] and
1009	1009	meets the qualifications for clinical social work practice [as
1010	1010	determined by the board] under this chapter.
1011	1011	(c) The department [board] may require an applicant to
1012	1012	submit documentary evidence of the quality, scope, and nature of
1013	1013	the applicant's experience and competence to:
1014	1014	(1) determine the credibility and acceptability of the
1015	1015	applicant's professional or technical experience or competence;
1016	1016	and
1017	1017	(2) ensure the public safety, health, and welfare.
1018	1018	SECTION 74. Sections 505.354(a), (b), and (e), Occupations
1019	1019	Code, are amended to read as follows:
1020	1020	(a) The department [board], at least once each calendar
1021	1021	year, shall prepare and administer an examination to assess an
1022	1022	applicant's qualifications for a license under this chapter.
1023	1023	(b) Each license examination shall be conducted in a manner
1024	1024	that is determined by the department [board] and is fair and
1025	1025	impartial to each applicant and school or system of social work.
1026	1026	(e) The department [board] shall have the written portion of
1027	1027	the examination, if any, validated by an independent testing
1028	1028	entity.
1029	1029	SECTION 75. Section 505.3545, Occupations Code, is amended
1030	1030	to read as follows:
1031	1031	Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The
1032	1032	department [board] shall develop and administer at least twice each
1033	1033	calendar year a jurisprudence examination to determine an
1034	1034	applicant's knowledge of this chapter, [board] rules adopted under
1035	1035	this chapter, and any other applicable laws of this state affecting
1036	1036	the applicant's social work practice.
1037	1037	(b) The commission [board] shall adopt rules to implement
1038	1038	this section, including rules related to the development and
1039	1039	administration of the examination, examination fees, guidelines
1040	1040	for reexamination, grading the examination, and providing notice of
1041	1041	examination results.
1042	1042	SECTION 76. Section 505.356, Occupations Code, is amended
1043	1043	to read as follows:
1044	1044	Sec. 505.356. REEXAMINATION. The commission [board] by
1045	1045	rule shall establish:
1046	1046	(1) a limit on the number of times an applicant who
1047	1047	fails an examination may retake the examination;
1048	1048	(2) the requirements for retaking an examination; and
1049	1049	(3) alternative methods of examining applicants'
1050	1050	competency.
1051	1051	SECTION 77. Section 505.3575, Occupations Code, is amended
1052	1052	to read as follows:
1053	1053	Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE
1054	1054	APPLICANTS. (a) Notwithstanding any other licensing requirement
1055	1055	of this subchapter:
1056	1056	(1) the department [board] may not require an
1057	1057	applicant who is licensed in good standing in another state to pass
1058	1058	a licensing examination conducted [by the board] under Section
1059	1059	505.354 if an applicant with substantially equivalent experience
1060	1060	who resides in this state would not be required to take the
1061	1061	licensing examination; and
1062	1062	(2) the department [board] may issue a license to an
1063	1063	applicant who is currently licensed in another state to
1064	1064	independently practice social work if:
1065	1065	(A) after an assessment, the department [board]
1066	1066	determines that the applicant:
1067	1067	(i) demonstrates sufficient experience and
1068	1068	competence;
1069	1069	(ii) has passed the jurisprudence
1070	1070	examination conducted [by the board] under Section 505.3545; and
1071	1071	(iii) at the time of the application, is in
1072	1072	good standing with the regulatory agency of the state in which the
1073	1073	applicant is licensed; and
1074	1074	(B) the applicant presents to the department
1075	1075	[board] credentials that the applicant obtained from a national
1076	1076	accreditation organization and the department [board] determines
1077	1077	that the requirements to obtain the credentials are sufficient to
1078	1078	minimize any risk to public safety.
1079	1079	(b) When assessing the experience and competence of an
1080	1080	applicant for the purposes of this section, the department [board]
1081	1081	may take into consideration any supervision received by the
1082	1082	applicant in another state or jurisdiction if the department
1083	1083	[board] determines that the supervision would be taken into
1084	1084	consideration for the purpose of licensing or certification in the
1085	1085	state or jurisdiction in which the applicant received the
1086	1086	supervision.
1087	1087	SECTION 78. Section 505.358, Occupations Code, is amended
1088	1088	to read as follows:
1089	1089	Sec. 505.358. PROVISIONAL LICENSE. (a) A person may apply
1090	1090	for a provisional license as a social worker by paying the
1091	1091	appropriate fee and filing an application with the department in
1092	1092	the manner and on a form prescribed by the executive director
1093	1093	[board]. The department [board] may issue a provisional license to
1094	1094	a person who meets the requirements of this section.
1095	1095	(b) An applicant for a provisional license must:
1096	1096	(1) be licensed or certified in good standing as a
1097	1097	social worker in another state that has licensing or certification
1098	1098	requirements determined by the department [board] to be
1099	1099	substantially equivalent to the requirements of this chapter;
1100	1100	(2) have passed a national or other examination
1101	1101	recognized by the commission [board] relating to the practice of
1102	1102	social work; and
1103	1103	(3) be sponsored by a person licensed under this
1104	1104	chapter with whom the provisional license holder may practice
1105	1105	social work.
1106	1106	(c) An applicant is not required to comply with Subsection
1107	1107	(b)(3) if the department [board] determines that compliance
1108	1108	constitutes a hardship to the applicant.
1109	1109	(d) A provisional license is valid until the date the
1110	1110	department [board] approves or denies the provisional license
1111	1111	holder's application for a license under Section 505.359.
1112	1112	SECTION 79. Section 505.359, Occupations Code, is amended
1113	1113	to read as follows:
1114	1114	Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
1115	1115	HOLDER. (a) The department [board] shall issue an appropriate
1116	1116	license to a provisional license holder:
1117	1117	(1) who passes the licensing examination under Section
1118	1118	505.354 and the jurisprudence examination under Section 505.3545;
1119	1119	(2) for whom the department [board] verifies that the
1120	1120	person satisfies the academic and experience requirements under
1121	1121	Section 505.353; and
1122	1122	(3) who satisfies any other license requirements under
1123	1123	this chapter.
1124	1124	(b) The department [board] shall complete the processing of
1125	1125	a provisional license holder's application for a license not later
1126	1126	than the 180th day after the date the provisional license is issued
1127	1127	or the date licenses are issued after successful completion of the
1128	1128	next licensing and jurisprudence examinations, whichever date is
1129	1129	later.
1130	1130	(c) The department [board] may waive a license requirement
1131	1131	for an applicant who is licensed or certified in another state if
1132	1132	this state has entered into a reciprocity agreement with that
1133	1133	state.
1134	1134	SECTION 80. The heading to Subchapter H, Chapter 505,
1135	1135	Occupations Code, is amended to read as follows:
1136	1136	SUBCHAPTER H. TERM [RENEWAL] OF LICENSE OR [AND] ORDER OF
1137	1137	RECOGNITION OF SPECIALTY
1138	1138	SECTION 81. Section 505.401, Occupations Code, is amended
1139	1139	to read as follows:
1140	1140	Sec. 505.401. TERM OF LICENSE OR ORDER OF RECOGNITION OF
1141	1141	SPECIALTY [; STAGGERED EXPIRATION DATES]. [(a)] A license or order
1142	1142	of recognition of specialty issued under this chapter is valid for
1143	1143	two years.
1144	1144	[(a-1) The board by rule shall adopt a system under which
1145	1145	licenses and orders of recognition of specialty expire on various
1146	1146	dates during the year.
1147	1147	[(b) In the year in which the expiration date of an order of
1148	1148	recognition of specialty is changed, the total renewal fee is
1149	1149	payable.]
1150	1150	SECTION 82. Section 505.405, Occupations Code, is amended
1151	1151	to read as follows:
1152	1152	Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The department
1153	1153	[board] may refuse to renew the license of a person who fails to pay
1154	1154	an administrative penalty imposed under Subchapter F, Chapter 51,
1155	1155	[K] unless enforcement of the penalty is stayed or a court has
1156	1156	ordered that the administrative penalty is not owed.
1157	1157	SECTION 83. The heading to Subchapter I, Chapter 505,
1158	1158	Occupations Code, is amended to read as follows:
1159	1159	SUBCHAPTER I. DENIAL OF LICENSE OR ORDER; [AND] DISCIPLINARY
1160	1160	ACTIONS [PROCEDURES]
1161	1161	SECTION 84. Section 505.451, Occupations Code, is amended
1162	1162	to read as follows:
1163	1163	Sec. 505.451. GROUNDS FOR DENIAL OF LICENSE OR ORDER OF
1164	1164	RECOGNITION OF SPECIALTY; DISCIPLINARY ACTION. The commission or
1165	1165	executive director [board] shall deny an application for a license
1166	1166	or order of recognition of specialty and shall revoke or suspend,
1167	1167	including a suspension on an emergency basis, a license or order,
1168	1168	place a holder of a license or order that has been suspended on
1169	1169	probation, refuse to renew a person's license, or reprimand a
1170	1170	holder of a license or order for:
1171	1171	(1) violating this chapter or a rule adopted [by the
1172	1172	board] under this chapter;
1173	1173	(2) circumventing or attempting to circumvent the
1174	1174	requirements of this chapter or a rule adopted [by the board] under
1175	1175	this chapter;
1176	1176	(3) directly or indirectly participating in a scheme
1177	1177	to evade the requirements of this chapter or a rule adopted [by the
1178	1178	board] under this chapter;
1179	1179	(4) engaging in unethical conduct;
1180	1180	(5) engaging in conduct that discredits or tends to
1181	1181	discredit the social work profession;
1182	1182	(6) performing an act, allowing an omission, or making
1183	1183	an assertion or representation that is fraudulent, deceitful, or
1184	1184	misleading or that tends to create a misleading impression;
1185	1185	(7) knowingly associating with or permitting the use
1186	1186	of a license holder's professional services or identification in
1187	1187	connection with an enterprise that the person knows or should have
1188	1188	known in the exercise of reasonable diligence violates this chapter
1189	1189	or a rule adopted [by the board] under this chapter;
1190	1190	(8) knowingly associating with or permitting the use
1191	1191	of a license holder's name, professional services or
1192	1192	identification, or endorsement in connection with an enterprise
1193	1193	that the person knows or should have known in the exercise of
1194	1194	reasonable diligence is a trade, business, or professional practice
1195	1195	of a fraudulent, deceitful, or misleading nature;
1196	1196	(9) directly or indirectly revealing or causing to be
1197	1197	revealed a confidential communication transmitted to the license
1198	1198	holder by a client or other recipient of the license holder's
1199	1199	services unless revealing the communication is required by law;
1200	1200	(10) having been denied an application for a license
1201	1201	or certificate to practice social work in another jurisdiction for
1202	1202	a reason that the commission or executive director [board]
1203	1203	determines would be a violation of this chapter or a rule adopted
1204	1204	[by the board] under this chapter;
1205	1205	(11) holding a license or certificate in another
1206	1206	jurisdiction that is suspended or revoked for a reason that the
1207	1207	commission or executive director [board] determines would be a
1208	1208	violation of this chapter or a rule adopted [by the board] under
1209	1209	this chapter;
1210	1210	(12) having been convicted of a felony in this state,
1211	1211	another state, or the United States;
1212	1212	(13) refusing to perform an act or service within the
1213	1213	scope of the license holder's license solely because of the
1214	1214	recipient's age, sex, race, religion, national origin, color, or
1215	1215	political affiliation; or
1216	1216	(14) committing an act for which liability exists
1217	1217	under Chapter 81, Civil Practice and Remedies Code.
1218	1218	SECTION 85. Section 505.454, Occupations Code, is amended
1219	1219	to read as follows:
1220	1220	Sec. 505.454. SANCTIONS FOR HOLDER OF EXPIRED LICENSE OR
1221	1221	ORDER OF RECOGNITION OF SPECIALTY. [(a)] A person who holds an
1222	1222	expired license or order of recognition of specialty under this
1223	1223	chapter is subject to a sanction under this chapter if the
1224	1224	commission or executive director [board] determines that the person
1225	1225	violated this chapter or a rule adopted [by the board] under this
1226	1226	chapter during the period in which the license or order was valid.
1227	1227	[(b) Sections 505.455(b) and (c) and 505.456 apply to a
1228	1228	disciplinary proceeding against a person under this section.]
1229	1229	SECTION 86. Section 505.458, Occupations Code, is amended
1230	1230	to read as follows:
1231	1231	Sec. 505.458. REFUND. (a) Subject to Subsection (b), the
1232	1232	commission or executive director [board] may order a license holder
1233	1233	to pay a refund to a consumer as provided in an agreement resulting
1234	1234	from an informal settlement conference instead of or in addition to
1235	1235	imposing an administrative penalty under this chapter.
1236	1236	(b) The amount of a refund ordered as provided in an
1237	1237	agreement resulting from an informal settlement conference may not
1238	1238	exceed the amount the consumer paid to the license holder for a
1239	1239	service regulated by this chapter. The commission or executive
1240	1240	director [board] may not require payment of other damages or
1241	1241	estimate harm in a refund order.
1242	1242	SECTION 87. Section 505.504, Occupations Code, is amended
1243	1243	to read as follows:
1244	1244	Sec. 505.504. CIVIL PENALTY. (a) A person who violates or
1245	1245	threatens to violate this chapter, a rule adopted [by the board]
1246	1246	under this chapter, or an order issued [by the board or department]
1247	1247	under this chapter is liable to the state for a civil penalty of not
1248	1248	less than $50 or more than $500 for each day of violation.
1249	1249	(b) At the request of the commission or executive director
1250	1250	[board or department], the attorney general shall initiate and
1251	1251	conduct an action in a district court in the state's name to obtain
1252	1252	a civil penalty under this section.
1253	1253	SECTION 88. Section 505.505, Occupations Code, is amended
1254	1254	to read as follows:
1255	1255	Sec. 505.505. APPEAL BOND NOT REQUIRED. The [board or]
1256	1256	department is not required to post an appeal bond in any action
1257	1257	arising under this chapter.
1258	1258	SECTION 89. Section 505.506, Occupations Code, is amended
1259	1259	to read as follows:
1260	1260	Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The
1261	1261	attorney general shall represent the [board or] department in an
1262	1262	action brought to enforce this chapter.
1263	1263	SECTION 90. Section 411.122(d), Government Code, is amended
1264	1264	to read as follows:
1265	1265	(d) The following state agencies are subject to this
1266	1266	section:
1267	1267	(1) Texas Appraiser Licensing and Certification
1268	1268	Board;
1269	1269	(2) Texas Board of Architectural Examiners;
1270	1270	(3) Texas Board of Chiropractic Examiners;
1271	1271	(4) State Board of Dental Examiners;
1272	1272	(5) Texas Board of Professional Engineers;
1273	1273	(6) Texas Funeral Service Commission;
1274	1274	(7) Texas Board of Professional Geoscientists;
1275	1275	(8) Department of State Health Services, except as
1276	1276	provided by Section 411.110[, and agencies attached to the
1277	1277	department, including:
1278	1278	[(A) Texas State Board of Examiners of
1279	1279	Dietitians;
1280	1280	[(B) Texas State Board of Examiners of Marriage
1281	1281	and Family Therapists;
1282	1282	[(C) Midwifery Board;
1283	1283	[(D) Texas State Perfusionist Advisory
1284	1284	Committee;
1285	1285	[(E) Texas State Board of Examiners of
1286	1286	Professional Counselors;
1287	1287	[(F) Texas State Board of Social Worker
1288	1288	Examiners;
1289	1289	[(G) State Board of Examiners for
1290	1290	Speech-Language Pathology and Audiology;
1291	1291	[(H) Advisory Board of Athletic Trainers;
1292	1292	[(I) State Committee of Examiners in the Fitting
1293	1293	and Dispensing of Hearing Instruments;
1294	1294	[(J) Texas Board of Licensure for Professional
1295	1295	Medical Physicists; and
1296	1296	[(K) Texas Board of Orthotics and Prosthetics];
1297	1297	(9) Texas Board of Professional Land Surveying;
1298	1298	(10) Texas Department of Licensing and Regulation,
1299	1299	except as provided by Section 411.093;
1300	1300	(11) Texas Commission on Environmental Quality;
1301	1301	(12) Texas Board of Occupational Therapy Examiners;
1302	1302	(13) Texas Optometry Board;
1303	1303	(14) Texas State Board of Pharmacy;
1304	1304	(15) Texas Board of Physical Therapy Examiners;
1305	1305	(16) Texas State Board of Plumbing Examiners;
1306	1306	(17) Texas State Board of Podiatric Medical Examiners;
1307	1307	(18) Texas State Board of Examiners of Psychologists;
1308	1308	(19) Texas Real Estate Commission;
1309	1309	(20) Texas Department of Transportation;
1310	1310	(21) State Board of Veterinary Medical Examiners;
1311	1311	(22) Texas Department of Housing and Community
1312	1312	Affairs;
1313	1313	(23) secretary of state;
1314	1314	(24) state fire marshal;
1315	1315	(25) Texas Education Agency;
1316	1316	(26) Department of Agriculture; and
1317	1317	(27) Texas Department of Motor Vehicles.
1318	1318	SECTION 91. Section 36.132(a)(2), Human Resources Code, is
1319	1319	amended to read as follows:
1320	1320	(2) "Licensing authority" means:
1321	1321	(A) the Texas Medical Board;
1322	1322	(B) the State Board of Dental Examiners;
1323	1323	(C) the Texas State Board of Examiners of
1324	1324	Psychologists;
1325	1325	(D) [the Texas State Board of Social Worker
1326	1326	Examiners;
1327	1327	[(E)] the Texas Board of Nursing;
1328	1328	(E) [(F)] the Texas Board of Physical Therapy
1329	1329	Examiners;
1330	1330	(F) [(G)] the Texas Board of Occupational
1331	1331	Therapy Examiners; or
1332	1332	(G) [(H)] another state agency authorized to
1333	1333	regulate a provider who receives or is eligible to receive payment
1334	1334	for a health care service under the Medicaid program.
1335	1335	SECTION 92. Sections 1451.001(4), (9), (10), and (11),
1336	1336	Insurance Code, are amended to read as follows:
1337	1337	(4) "Chemical dependency counselor" means an
1338	1338	individual licensed under Chapter 504, Occupations Code [by the
1339	1339	Texas Commission on Alcohol and Drug Abuse].
1340	1340	(9) "Licensed clinical social worker" means an
1341	1341	individual licensed by the Texas Department of Licensing and
1342	1342	Regulation [State Board of Social Worker Examiners] as a licensed
1343	1343	clinical social worker.
1344	1344	(10) "Licensed professional counselor" means an
1345	1345	individual licensed under Chapter 503, Occupations Code [by the
1346	1346	Texas State Board of Examiners of Professional Counselors].
1347	1347	(11) "Marriage and family therapist" means an
1348	1348	individual licensed under Chapter 502, Occupations Code [by the
1349	1349	Texas State Board of Examiners of Marriage and Family Therapists].
1350	1350	SECTION 93. Section 110.001(7), Occupations Code, is
1351	1351	amended to read as follows:
1352	1352	(7) "Sex offender treatment provider" means a person,
1353	1353	licensed by the council and recognized based on training and
1354	1354	experience to provide assessment and treatment to adult sex
1355	1355	offenders or juveniles with sexual behavioral problems who have
1356	1356	been convicted, adjudicated, awarded deferred adjudication, or
1357	1357	referred by a state agency or a court, and licensed in this state to
1358	1358	practice as a physician, psychiatrist, psychologist, psychological
1359	1359	associate, provisionally licensed psychologist, licensed
1360	1360	professional counselor, licensed professional counselor intern,
1361	1361	licensed marriage and family therapist, licensed marriage and
1362	1362	family associate, licensed clinical social worker, licensed master
1363	1363	social worker under a clinical supervision plan approved by the
1364	1364	Texas Department of Licensing and Regulation [State Board of Social
1365	1365	Worker Examiners], or advanced practice nurse recognized as a
1366	1366	psychiatric clinical nurse specialist or psychiatric mental health
1367	1367	nurse practitioner, who provides mental health or medical services
1368	1368	for rehabilitation of sex offenders.
1369	1369	SECTION 94. Section 411.1105, Government Code, is repealed.
1370	1370	SECTION 95. The following provisions of the Occupations
1371	1371	Code are repealed:
1372	1372	(1) Section 502.002(1);
1373	1373	(2) Section 502.003;
1374	1374	(3) Subchapter B, Chapter 502;
1375	1375	(4) Subchapter C, Chapter 502;
1376	1376	(5) Section 502.152;
1377	1377	(6) Section 502.153;
1378	1378	(7) Section 502.154;
1379	1379	(8) Section 502.155;
1380	1380	(9) Section 502.156;
1381	1381	(10) Section 502.1565;
1382	1382	(11) Section 502.158;
1383	1383	(12) Section 502.161;
1384	1384	(13) Section 502.162;
1385	1385	(14) Section 502.163;
1386	1386	(15) Subchapter E, Chapter 502;
1387	1387	(16) Section 502.255;
1388	1388	(17) Section 502.258;
1389	1389	(18) Section 502.260;
1390	1390	(19) Sections 502.301(b), (c), (d), and (e);
1391	1391	(20) Section 502.302;
1392	1392	(21) Section 502.303;
1393	1393	(22) Section 502.352;
1394	1394	(23) Section 502.353;
1395	1395	(24) Section 502.354;
1396	1396	(25) Section 502.355;
1397	1397	(26) Section 502.356;
1398	1398	(27) Subchapter I, Chapter 502;
1399	1399	(28) Section 502.451;
1400	1400	(29) Section 502.452;
1401	1401	(30) Section 502.455;
1402	1402	(31) Section 503.005;
1403	1403	(32) Subchapter C, Chapter 503;
1404	1404	(33) Subchapter D, Chapter 503;
1405	1405	(34) Section 503.202;
1406	1406	(35) Section 503.203;
1407	1407	(36) Section 503.204;
1408	1408	(37) Section 503.2045;
1409	1409	(38) Section 503.205;
1410	1410	(39) Section 503.209;
1411	1411	(40) Section 503.210;
1412	1412	(41) Section 503.211;
1413	1413	(42) Subchapter F, Chapter 503;
1414	1414	(43) Section 503.306;
1415	1415	(44) Section 503.308;
1416	1416	(45) Section 503.312;
1417	1417	(46) Section 503.352;
1418	1418	(47) Section 503.353;
1419	1419	(48) Section 503.354;
1420	1420	(49) Section 503.355;
1421	1421	(50) Section 503.356;
1422	1422	(51) Sections 503.401(c) and (d);
1423	1423	(52) Section 503.402;
1424	1424	(53) Section 503.403;
1425	1425	(54) Section 503.404;
1426	1426	(55) Section 503.405;
1427	1427	(56) Section 503.406;
1428	1428	(57) Section 503.451;
1429	1429	(58) Section 503.454;
1430	1430	(59) Subchapter K, Chapter 503;
1431	1431	(60) Section 504.0515;
1432	1432	(61) Section 504.053;
1433	1433	(62) Section 504.054;
1434	1434	(63) Section 504.056;
1435	1435	(64) Subchapter C, Chapter 504;
1436	1436	(65) Sections 504.157(a) and (b);
1437	1437	(66) Section 504.158(c);
1438	1438	(67) Section 504.160;
1439	1439	(68) Section 504.161;
1440	1440	(69) Section 504.202;
1441	1441	(70) Section 504.203;
1442	1442	(71) Section 504.204;
1443	1443	(72) Section 504.205(a);
1444	1444	(73) Section 504.252;
1445	1445	(74) Section 504.2525;
1446	1446	(75) Section 504.253;
1447	1447	(76) Section 504.254;
1448	1448	(77) Subchapter G, Chapter 504;
1449	1449	(78) Section 505.005;
1450	1450	(79) Subchapter B, Chapter 505;
1451	1451	(80) Subchapter C, Chapter 505;
1452	1452	(81) Section 505.202;
1453	1453	(82) Section 505.203;
1454	1454	(83) Section 505.204;
1455	1455	(84) Section 505.209;
1456	1456	(85) Section 505.210;
1457	1457	(86) Section 505.211;
1458	1458	(87) Subchapter E, Chapter 505;
1459	1459	(88) Section 505.355;
1460	1460	(89) Section 505.357;
1461	1461	(90) Section 505.402;
1462	1462	(91) Section 505.403;
1463	1463	(92) Section 505.404;
1464	1464	(93) Section 505.452;
1465	1465	(94) Section 505.453;
1466	1466	(95) Section 505.455;
1467	1467	(96) Section 505.456;
1468	1468	(97) Section 505.457;
1469	1469	(98) Section 505.501;
1470	1470	(99) Section 505.503;
1471	1471	(100) Section 505.508; and
1472	1472	(101) Subchapter K, Chapter 505.
1473	1473	SECTION 96. (a) A rule or fee of the Department of State
1474	1474	Health Services that relates to a program transferred under this
1475	1475	Act and that is in effect on the effective date of this Act remains
1476	1476	in effect until changed by the Texas Commission of Licensing and
1477	1477	Regulation.
1478	1478	(b) A license, registration, or certification issued by the
1479	1479	Department of State Health Services relating to a program
1480	1480	transferred under this Act is continued in effect as a license,
1481	1481	registration, or certification of the Texas Department of Licensing
1482	1482	and Regulation after the effective date of this Act.
1483	1483	(c) A complaint, investigation, contested case, or other
1484	1484	proceeding before the Department of State Health Services relating
1485	1485	to a program transferred under this Act that is pending on the
1486	1486	effective date of this Act is transferred without change in status
1487	1487	to the Texas Commission of Licensing and Regulation or Texas
1488	1488	Department of Licensing and Regulation, as appropriate.
1489	1489	SECTION 97. (a) As soon as practicable after the effective
1490	1490	date of this Act, the Department of State Health Services and the
1491	1491	Texas Department of Licensing and Regulation shall adopt a
1492	1492	transition plan to provide for the orderly transfer of powers,
1493	1493	duties, functions, programs, and activities under this Act. The
1494	1494	transition plan must provide for each program to be transferred on
1495	1495	or before September 1, 2018.
1496	1496	(b) The Department of State Health Services shall provide
1497	1497	the Texas Department of Licensing and Regulation with access to any
1498	1498	systems or information necessary for the Texas Department of
1499	1499	Licensing and Regulation to accept a program transferred under this
1500	1500	Act.
1501	1501	(c) On the date specified in the transition plan required
1502	1502	under Subsection (a) of this section for the transfer of a
1503	1503	particular program to the Texas Department of Licensing and
1504	1504	Regulation, if applicable, the existing board associated with the
1505	1505	program is abolished.
1506	1506	(d) On the date specified in the transition plan required
1507	1507	under Subsection (a) of this section for the transfer of a
1508	1508	particular program to the Texas Department of Licensing and
1509	1509	Regulation, all full-time equivalent employee positions at the
1510	1510	Department of State Health Services that primarily concern the
1511	1511	administration or enforcement of the program being transferred
1512	1512	become positions at the Texas Department of Licensing and
1513	1513	Regulation. The Texas Department of Licensing and Regulation shall
1514	1514	post the positions for hiring and, when filling the positions,
1515	1515	shall give consideration to, but is not required to hire, an
1516	1516	applicant who, immediately before the date of the transfer, was an
1517	1517	employee at the Department of State Health Services primarily
1518	1518	involved in administering or enforcing the transferred program.
1519	1519	SECTION 98. To the extent of any conflict, this Act prevails
1520	1520	over another Act of the 85th Legislature, Regular Session, 2017,
1521	1521	relating to nonsubstantive additions to and corrections in enacted
1522	1522	codes.
1523	1523	SECTION 99. This Act takes effect September 1, 2017.