Texas 2017 - 85th Regular

Texas Senate Bill SB844 Compare Versions

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

Old	New	Differences
1	1	85R6946 MAW-F
2	2	By: Huffines S.B. No. 844
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the active supervision of occupational licensing
8	8	authorities by the attorney general.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Occupations Code, is amended by adding
11	11	Chapter 2 to read as follows:
12	12	CHAPTER 2. ACTIVE SUPERVISION OF OCCUPATIONAL LICENSING
13	13	AUTHORITIES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 2.001. DEFINITIONS. In this chapter:
16	16	(1) "Certificate" means a voluntary, nontransferable
17	17	recognition issued by a private organization or licensing authority
18	18	authorizing an individual, after meeting the established personal
19	19	qualifications of the organization or authority, to use the term
20	20	"certified" in describing the individual's occupation.
21	21	(2) "License" means a nontransferable authorization
22	22	issued by a licensing authority authorizing an individual, after
23	23	meeting the established personal qualifications, to engage in a
24	24	particular occupation.
25	25	(3) "Licensing authority" means a department,
26	26	commission, board, office, or other agency of the state that issues
27	27	a license, specialty occupational license for medical
28	28	reimbursement, registration, certificate, permit, or other
29	29	authorization related to an occupation.
30	30	(4) "Personal qualifications" means criteria related
31	31	to an individual's personal background, credentials, and
32	32	characteristics that are required to obtain a certificate,
33	33	specialty occupational license for medical reimbursement, or
34	34	license, including:
35	35	(A) educational attainment;
36	36	(B) passage of an examination;
37	37	(C) work experience;
38	38	(D) character; and
39	39	(E) criminal history.
40	40	(5) "Registration" means a nontransferable
41	41	recognition issued by a licensing authority authorizing an
42	42	individual who provides notice to the authority of the individual's
43	43	name and address and of the nature of the service offered before
44	44	engaging in a particular occupation to use the term "registered" in
45	45	describing the individual's occupation.
46	46	(6) "Specialty occupational license for medical
47	47	reimbursement" means a voluntary, nontransferable, and
48	48	nonexclusive authorization to perform a medical service that is:
49	49	(A) required for an individual to be eligible to
50	50	receive payment or reimbursement from a governmental agency or
51	51	other entity for providing medical services; and
52	52	(B) issued by a licensing authority to an
53	53	individual who meets the established personal qualifications.
54	54	Sec. 2.002. TYPES OF REGULATION. In determining the least
55	55	restrictive regulation for purposes of this chapter, the following
56	56	list represents regulations from least restrictive to most
57	57	restrictive:
58	58	(1) market competition;
59	59	(2) ratings or reviews from consumers or third
60	60	parties;
61	61	(3) private certification;
62	62	(4) existence of a specific private cause of action to
63	63	remedy a consumer harm;
64	64	(5) a law prohibiting deceptive trade practices;
65	65	(6) a restriction on the process of providing a
66	66	specific good or service to a consumer;
67	67	(7) inspection requirements;
68	68	(8) a requirement that an individual obtain a bond or
69	69	insurance;
70	70	(9) a statute, rule, or policy requiring registration
71	71	with a licensing authority;
72	72	(10) a statute, rule, or policy requiring
73	73	certification by a licensing authority;
74	74	(11) a specialty occupational license for medical
75	75	reimbursement; and
76	76	(12) a statute, rule, or policy requiring licensing by
77	77	a licensing authority.
78	78	Sec. 2.003. POLICY. It is the policy of this state:
79	79	(1) to recognize the fundamental right of an
80	80	individual to pursue an occupation;
81	81	(2) to increase economic opportunities, promote
82	82	competition, and encourage innovation in this state;
83	83	(3) when necessary to displace market competition, to
84	84	use the least restrictive means of regulation necessary to protect
85	85	consumers from existing, significant, and substantiated harms that
86	86	threaten public health and safety; and
87	87	(4) to enforce occupational regulations against an
88	88	individual only to the extent the individual sells or provides
89	89	goods or services that are explicitly included in the law that
90	90	defines the occupation's scope of practice.
91	91	SUBCHAPTER B. ATTORNEY GENERAL SUPERVISION
92	92	Sec. 2.051. ACTIVE SUPERVISION BY ATTORNEY GENERAL. (a) To
93	93	ensure that a statute is construed to comply with, and a rule or
94	94	policy of a licensing authority complies with, the policy described
95	95	by Section 2.003, the attorney general shall actively supervise
96	96	each licensing authority.
97	97	(b) In actively supervising a licensing authority, the
98	98	attorney general shall:
99	99	(1) participate in the development of the authority's
100	100	rules and policies to ensure the rules and policies benefit
101	101	consumers and do not serve the private interests of individuals
102	102	regulated by the authority;
103	103	(2) review the proposed rules, policies, and
104	104	enforcement actions of the authority; and
105	105	(3) take action under Section 2.052 with regard to
106	106	each proposed rule, policy, and action.
107	107	(c) In fulfilling the duties under this section, the
108	108	attorney general shall study issues relevant to the attorney
109	109	general's duties under this chapter, including issues related to
110	110	antitrust litigation and methods for regulating occupations using
111	111	the least restrictive regulations possible.
112	112	Sec. 2.052. SUBMISSION TO ATTORNEY GENERAL; ACTION BY
113	113	ATTORNEY GENERAL REQUIRED. (a) A licensing authority must submit
114	114	any proposed rule, policy, or enforcement action to the attorney
115	115	general for review before the rule, policy, or action is adopted or
116	116	implemented.
117	117	(b) The attorney general shall approve a rule, policy, or
118	118	enforcement action submitted under Subsection (a) if the attorney
119	119	general determines the rule, policy, or action complies with the
120	120	policy described by Section 2.003. The attorney general shall
121	121	reject any rule, policy, or action that does not comply with the
122	122	policy described by Section 2.003.
123	123	(c) A proposed rule, policy, or enforcement action of a
124	124	licensing authority may not be finally adopted or implemented
125	125	unless the rule, policy, or action is explicitly approved by the
126	126	attorney general under Subsection (b). The attorney general's
127	127	failure to respond to a rule, policy, or action that is submitted to
128	128	the attorney general does not constitute approval of the rule,
129	129	policy, or action.
130	130	(d) A licensing authority may not finally adopt or implement
131	131	any rule, policy, or enforcement action that has been rejected by
132	132	the attorney general under Subsection (b).
133	133	Sec. 2.053. COMPLAINTS. (a) The attorney general shall
134	134	investigate a complaint submitted to the attorney general that
135	135	alleges a licensing authority's rule, policy, or enforcement action
136	136	is not in compliance with the policy described by Section 2.003.
137	137	(b) Not later than the 90th day after the date a complaint is
138	138	received, the attorney general shall:
139	139	(1) investigate the complaint;
140	140	(2) identify actions necessary to resolve the
141	141	complaint and, if appropriate, direct the licensing authority
142	142	subject to the complaint to take those actions; and
143	143	(3) notify the complainant of the outcome of the
144	144	investigation and the disposition of the complaint.
145	145	(c) Chapter 2001, Government Code, does not apply to the
146	146	disposition of a complaint under this section.
147	147	Sec. 2.054. REVIEW OF ACTION. The governor, the lieutenant
148	148	governor, or a member of the legislature may request that the
149	149	attorney general review:
150	150	(1) a rule, policy, or enforcement action of a
151	151	licensing authority for compliance with the policy described by
152	152	Section 2.003; or
153	153	(2) a prior action of the attorney general under this
154	154	chapter.
155	155	Sec. 2.055. ESTABLISHMENT OF DIVISION. The attorney
156	156	general may establish a division to actively supervise licensing
157	157	authorities as provided by this chapter and employ staff to carry
158	158	out the duties of this chapter, including employing one or more
159	159	attorneys who do not provide general counsel to any licensing
160	160	authority or exercise control over an authority other than the
161	161	supervision required by this chapter.
162	162	SECTION 2. Not later than December 1, 2018, the attorney
163	163	general shall:
164	164	(1) review all rules, policies, and enforcement
165	165	actions of a licensing authority, as defined by Section 2.001,
166	166	Occupations Code, as added by this Act, that are in effect or
167	167	ongoing on the effective date of this Act; and
168	168	(2) provide a notice to each licensing authority that:
169	169	(A) identifies each rule, policy, or action of
170	170	the authority that is not in compliance with the policy described by
171	171	Section 2.003, Occupations Code, as added by this Act; and
172	172	(B) directs the authority to amend the rule or
173	173	policy or terminate the action, as applicable, to comply with the
174	174	policy described by Section 2.003, Occupations Code, as added by
175	175	this Act.
176	176	SECTION 3. This Act takes effect September 1, 2017.