| 1 | 1 | | 87R12434 TJB-D |
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| 2 | 2 | | By: Wilson H.B. No. 4493 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement that a state agency provide information |
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| 8 | 8 | | to another state agency on request. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 774, Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | CHAPTER 774. EXCHANGE OF INFORMATION BETWEEN CERTAIN [REGULATORY] |
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| 13 | 13 | | AGENCIES |
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| 14 | 14 | | SECTION 2. Section 774.001, Government Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | Sec. 774.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Health care provider" means a person who has been |
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| 18 | 18 | | issued a license by a health care regulatory agency. |
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| 19 | 19 | | (2) "Health care regulatory agency" means a regulatory |
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| 20 | 20 | | agency that: |
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| 21 | 21 | | (A) appoints a member of the Health Professions |
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| 22 | 22 | | Council; or |
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| 23 | 23 | | (B) is supervised by the health licensing |
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| 24 | 24 | | division of the Texas Department of Health. |
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| 25 | 25 | | (3) "License" includes a license, certificate, |
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| 26 | 26 | | registration, permit, or other authorization, required by law or |
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| 27 | 27 | | state agency rule, that a person must obtain to practice or engage |
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| 28 | 28 | | in a particular business or occupation. |
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| 29 | 29 | | (4) "Regulatory agency" means an agency, including a |
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| 30 | 30 | | department, commission, board, or office, that: |
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| 31 | 31 | | (A) is created by the constitution or by statute; |
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| 32 | 32 | | (B) is in the executive branch of state |
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| 33 | 33 | | government; |
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| 34 | 34 | | (C) has statewide authority; and |
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| 35 | 35 | | (D) has authority to deny, grant, renew, revoke, |
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| 36 | 36 | | or suspend a license. |
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| 37 | 37 | | (5) "State agency" means a department, commission, |
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| 38 | 38 | | board, office, or other agency in the executive branch of state |
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| 39 | 39 | | government, including a university system or institution of higher |
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| 40 | 40 | | education as defined by Section 61.003, Education Code. |
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| 41 | 41 | | SECTION 3. Chapter 774, Government Code, is amended by |
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| 42 | 42 | | adding Section 774.004 to read as follows: |
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| 43 | 43 | | Sec. 774.004. EXCHANGE OF INFORMATION BETWEEN STATE |
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| 44 | 44 | | AGENCIES. (a) A state agency that receives a written request for |
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| 45 | 45 | | information, other than information that is confidential under law, |
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| 46 | 46 | | from another state agency shall provide the information to the |
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| 47 | 47 | | requesting agency not later than the 10th day following the date the |
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| 48 | 48 | | request is received. |
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| 49 | 49 | | (b) A state agency that receives a request under this |
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| 50 | 50 | | section must provide the information to the requesting state agency |
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| 51 | 51 | | without cost. |
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| 52 | 52 | | SECTION 4. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2021. |
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