88R9550 MAW-D
By: Holland H.B. No. 1560
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of veterinary medicine
by the Texas Department of Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.003, Occupations Code, is amended to
read as follows:
Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
Veterinary Medical Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished September 1, 2027 [2029].
SECTION 2. Chapter 801, Occupations Code, is amended by
adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. REGULATION BY TEXAS DEPARTMENT OF LICENSING AND
REGULATION
Sec. 801.021. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
Sec. 801.022. ADMINISTRATION OF CHAPTER BY DEPARTMENT;
RULES. (a) Notwithstanding any other law, the department shall
administer this chapter. The department may contract with an
independent management consultant to assist in administering this
chapter.
(b) A power or duty granted to the board under this chapter
is a power or duty of the department or commission, as applicable.
(c) The board may not exercise any power or duty under this
chapter unless authorized by the commission.
(d) The commission may not adopt a new rule relating to the
scope of practice of, a health-related standard of care for, or the
ethical practice of the profession of veterinary medicine unless
the rule has been proposed by the board under Section 801.023(c).
The commission shall adopt rules prescribing the procedure by which
the board may propose rules described by this subsection.
(e) For each rule proposed as described by Subsection (d),
the commission shall either adopt the rule as proposed or return the
rule to the board for revision. The commission retains authority
for final adoption of all rules and is responsible for ensuring
compliance with all laws regarding the rulemaking process.
Sec. 801.023. ADVISORY BOARD. (a) Notwithstanding
Subchapter D, the board is an advisory board to the department. The
department may establish working groups composed of board members
as the department considers necessary.
(b) The board, the equine dental provider advisory
committee, and any advisory committee appointed under Section
801.163 shall provide advice and recommendations to the department
on technical matters relevant to the administration of this
chapter.
(c) The board shall propose rules to the commission relating
to the scope of practice of, a health-related standard of care for,
and the ethical practice of the profession of veterinary medicine.
Sec. 801.024. CONFLICT WITH OTHER LAW. (a)
Notwithstanding Section 51.003, to the extent of any conflict
between this chapter and Chapter 51, this chapter controls.
(b) To the extent of any conflict between this subchapter
and another provision of this chapter, this subchapter controls.
Sec. 801.025. EXPIRATION. This subchapter expires
September 1, 2027.
SECTION 3. (a) In this section:
(1) "Board" means the State Board of Veterinary
Medical Examiners.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(b) Not later than October 1, 2023, the department and the
board shall adopt a memorandum of understanding regarding the
regulation of the practice of veterinary medicine by the
department. The memorandum must:
(1) specify the manner in which the board and board
staff will observe and assist the department and department staff
and receive appropriate training on implementing policies and
procedures related to licensing, inspections, and enforcement;
(2) require the department and the board to consult
with the Department of Information Resources to assess the database
needs of the board and establish a plan for the procurement and
acquisition of a database suitable to address those needs; and
(3) specify the circumstances under which the board
may exercise a power or duty as authorized by the Texas Commission
of Licensing and Regulation under Section 801.022(c), Occupations
Code, as added by this Act.
(c) Not later than December 1, 2024, the department shall
submit to the Sunset Advisory Commission and each standing
committee of the legislature with primary jurisdiction over the
board any legislative recommendations necessary to improve the
board's operations.
SECTION 4. This Act takes effect September 1, 2023.