Texas 2023 - 88th Regular

Texas House Bill HB2081 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22676 SHH-F
2	2	By: Klick, et al. H.B. No. 2081
3	3	Substitute the following for H.B. No. 2081:
4	4	By: Vasut C.S.H.B. No. 2081
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the registration of vision support organizations;
10	10	imposing a fee; requiring an occupational registration; providing a
11	11	civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle A, Title 5, Business & Commerce Code, is
14	14	amended by adding Chapter 74 to read as follows:
15	15	CHAPTER 74. REGISTRATION OF VISION SUPPORT ORGANIZATIONS
16	16	Sec. 74.001. DEFINITIONS. In this chapter:
17	17	(1) "Business support services" means business,
18	18	management, consulting, or administrative services, facilities, or
19	19	staff provided for an optometrist or an entity that employs or
20	20	contracts with an optometrist to provide services or products,
21	21	including:
22	22	(A) office space, furnishings, equipment,
23	23	supplies, or inventory;
24	24	(B) staff employed by a vision support
25	25	organization;
26	26	(C) regulatory compliance;
27	27	(D) eye care equipment, supplies, or products;
28	28	(E) information systems;
29	29	(F) marketing or advertising;
30	30	(G) financial services;
31	31	(H) accounting, bookkeeping, or monitoring of
32	32	accounts receivable;
33	33	(I) payroll or benefits administration;
34	34	(J) billing and collection for services and
35	35	products;
36	36	(K) reporting and payment of federal or state
37	37	taxes;
38	38	(L) administration of interest expense or
39	39	indebtedness incurred to finance the operation of a business;
40	40	(M) insurance services; or
41	41	(N) group purchasing services.
42	42	(2) "Optometrist" means an individual optometrist or
43	43	therapeutic optometrist licensed to practice optometry in this
44	44	state.
45	45	(3) "Vision support organization" means an entity
46	46	that, under one or more agreements, provides two or more business
47	47	support services to an optometrist.
48	48	Sec. 74.002. REGISTRATION REQUIRED. (a) A vision support
49	49	organization shall annually register with the secretary of state.
50	50	(b) A vision support organization's registration under this
51	51	section is considered registration of any subsidiary, contractor,
52	52	or affiliate of the vision support organization through or with
53	53	which the vision support organization provides business support
54	54	services if the registration includes all required information from
55	55	each subsidiary, contractor, or affiliate of the vision support
56	56	organization as if that entity had filed individually.
57	57	Sec. 74.003. EXEMPTIONS. This chapter does not require
58	58	registration by:
59	59	(1) an accountant providing only accounting services;
60	60	(2) an attorney providing only legal counsel;
61	61	(3) an insurance company or insurance agent providing
62	62	only insurance policies to a business;
63	63	(4) entities providing only investment and financial
64	64	advisory services;
65	65	(5) an accredited college of optometry or college of
66	66	medicine in this state;
67	67	(6) an optometrist who has an ownership interest in
68	68	three or fewer locations;
69	69	(7) a community health center, as defined by Section
70	70	351.367(a), Occupations Code; and
71	71	(8) a nonprofit corporation governed by Chapter 22,
72	72	Business Organizations Code, and exempt from taxation under Section
73	73	501(a), Internal Revenue Code of 1986, as an organization described
74	74	by Section 501(c)(3) of that code, that performs eye care services
75	75	primarily for homeless, migrant, indigent, or medically
76	76	underserved populations.
77	77	Sec. 74.004. CONTENTS OF REGISTRATION; FEE. (a) The
78	78	registration required by Section 74.002 must include:
79	79	(1) the name and business address of the vision
80	80	support organization;
81	81	(2) the name and business address of each optometrist
82	82	and each entity that employs or contracts with an optometrist to
83	83	provide eye care services in this state with which the vision
84	84	support organization has entered into an agreement to provide two
85	85	or more business support services;
86	86	(3) the name of each optometrist who owns any portion
87	87	of the vision support organization;
88	88	(4) the name of each person who is not an optometrist
89	89	and owns five percent or more of the vision support organization;
90	90	and
91	91	(5) a list of all business support services provided
92	92	to each optometrist or each entity that employs or contracts with an
93	93	optometrist to provide eye care services.
94	94	(b) A registration and each corrected registration must be
95	95	accompanied by a fee set by the secretary of state in an amount
96	96	necessary to recover the costs of administering this chapter.
97	97	(c) A registration or corrected registration is not
98	98	effective until the vision support organization pays the fee
99	99	required by this section.
100	100	Sec. 74.005. TIMING OF REGISTRATION; CORRECTION REQUIRED.
101	101	(a) Except as provided by Subsection (b), the registration required
102	102	by Section 74.002 must be filed with the secretary of state not
103	103	later than January 31 of each year for which the registration is
104	104	effective.
105	105	(b) A vision support organization that initially meets the
106	106	requirement for registration under Section 74.002 after January 31
107	107	shall file the registration required by that section not later than
108	108	the 90th day after the date an agreement to provide business support
109	109	services is executed.
110	110	(c) A vision support organization shall file a corrected
111	111	registration semiannually as necessary.
112	112	Sec. 74.006. FAILURE TO FILE REGISTRATION OR CORRECTION.
113	113	(a) A person who fails to file a registration or a corrected
114	114	registration as required by this chapter is liable to the state for
115	115	a civil penalty in an amount not to exceed $1,000.
116	116	(b) Each day a violation continues or occurs is a separate
117	117	violation for the purpose of imposing the civil penalty.
118	118	(c) The attorney general shall file suit to collect the
119	119	civil penalty provided by this section. The suit may be filed in
120	120	Travis County or any county where the vision support organization
121	121	provides business support services.
122	122	Sec. 74.007. INTERAGENCY MEMORANDUM. The secretary of
123	123	state shall enter into an interagency memorandum to share the
124	124	information collected by the secretary of state under this chapter
125	125	with any relevant state agency.
126	126	Sec. 74.008. APPLICABILITY. This chapter does not limit
127	127	business support services that may be provided to an optometrist by
128	128	a vision support organization, to the extent permitted under
129	129	Section 351.408, Occupations Code.
130	130	Sec. 74.009. LIMITATION ON OPTOMETRY BOARD RULEMAKING. The
131	131	Texas Optometry Board may not adopt any rule limiting the right of
132	132	an optometrist to contract with a vision support organization for
133	133	business support services that are otherwise legally permissible.
134	134	SECTION 2. Notwithstanding Section 74.002, Business &
135	135	Commerce Code, as added by this Act, a vision support organization
136	136	is not required to register under that section before February 1,
137	137	2024.
138	138	SECTION 3. This Act takes effect September 1, 2023.