Texas 2023 - 88th Regular

Texas House Bill HB1560 Compare Versions

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1	1	88R9550 MAW-D
2	2	By: Holland H.B. No. 1560
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the practice of veterinary medicine
8	8	by the Texas Department of Licensing and Regulation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 801.003, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
13	13	Veterinary Medical Examiners is subject to Chapter 325, Government
14	14	Code (Texas Sunset Act). Unless continued in existence as provided
15	15	by that chapter, the board is abolished September 1, 2027 [2029].
16	16	SECTION 2. Chapter 801, Occupations Code, is amended by
17	17	adding Subchapter A-1 to read as follows:
18	18	SUBCHAPTER A-1. REGULATION BY TEXAS DEPARTMENT OF LICENSING AND
19	19	REGULATION
20	20	Sec. 801.021. DEFINITIONS. In this subchapter:
21	21	(1) "Commission" means the Texas Commission of
22	22	Licensing and Regulation.
23	23	(2) "Department" means the Texas Department of
24	24	Licensing and Regulation.
25	25	Sec. 801.022. ADMINISTRATION OF CHAPTER BY DEPARTMENT;
26	26	RULES. (a) Notwithstanding any other law, the department shall
27	27	administer this chapter. The department may contract with an
28	28	independent management consultant to assist in administering this
29	29	chapter.
30	30	(b) A power or duty granted to the board under this chapter
31	31	is a power or duty of the department or commission, as applicable.
32	32	(c) The board may not exercise any power or duty under this
33	33	chapter unless authorized by the commission.
34	34	(d) The commission may not adopt a new rule relating to the
35	35	scope of practice of, a health-related standard of care for, or the
36	36	ethical practice of the profession of veterinary medicine unless
37	37	the rule has been proposed by the board under Section 801.023(c).
38	38	The commission shall adopt rules prescribing the procedure by which
39	39	the board may propose rules described by this subsection.
40	40	(e) For each rule proposed as described by Subsection (d),
41	41	the commission shall either adopt the rule as proposed or return the
42	42	rule to the board for revision. The commission retains authority
43	43	for final adoption of all rules and is responsible for ensuring
44	44	compliance with all laws regarding the rulemaking process.
45	45	Sec. 801.023. ADVISORY BOARD. (a) Notwithstanding
46	46	Subchapter D, the board is an advisory board to the department. The
47	47	department may establish working groups composed of board members
48	48	as the department considers necessary.
49	49	(b) The board, the equine dental provider advisory
50	50	committee, and any advisory committee appointed under Section
51	51	801.163 shall provide advice and recommendations to the department
52	52	on technical matters relevant to the administration of this
53	53	chapter.
54	54	(c) The board shall propose rules to the commission relating
55	55	to the scope of practice of, a health-related standard of care for,
56	56	and the ethical practice of the profession of veterinary medicine.
57	57	Sec. 801.024. CONFLICT WITH OTHER LAW. (a)
58	58	Notwithstanding Section 51.003, to the extent of any conflict
59	59	between this chapter and Chapter 51, this chapter controls.
60	60	(b) To the extent of any conflict between this subchapter
61	61	and another provision of this chapter, this subchapter controls.
62	62	Sec. 801.025. EXPIRATION. This subchapter expires
63	63	September 1, 2027.
64	64	SECTION 3. (a) In this section:
65	65	(1) "Board" means the State Board of Veterinary
66	66	Medical Examiners.
67	67	(2) "Department" means the Texas Department of
68	68	Licensing and Regulation.
69	69	(b) Not later than October 1, 2023, the department and the
70	70	board shall adopt a memorandum of understanding regarding the
71	71	regulation of the practice of veterinary medicine by the
72	72	department. The memorandum must:
73	73	(1) specify the manner in which the board and board
74	74	staff will observe and assist the department and department staff
75	75	and receive appropriate training on implementing policies and
76	76	procedures related to licensing, inspections, and enforcement;
77	77	(2) require the department and the board to consult
78	78	with the Department of Information Resources to assess the database
79	79	needs of the board and establish a plan for the procurement and
80	80	acquisition of a database suitable to address those needs; and
81	81	(3) specify the circumstances under which the board
82	82	may exercise a power or duty as authorized by the Texas Commission
83	83	of Licensing and Regulation under Section 801.022(c), Occupations
84	84	Code, as added by this Act.
85	85	(c) Not later than December 1, 2024, the department shall
86	86	submit to the Sunset Advisory Commission and each standing
87	87	committee of the legislature with primary jurisdiction over the
88	88	board any legislative recommendations necessary to improve the
89	89	board's operations.
90	90	SECTION 4. This Act takes effect September 1, 2023.