By: Johnson, et al. S.B. No. 1414
(In the Senate - Filed March 1, 2023; March 16, 2023, read
first time and referred to Committee on Water, Agriculture & Rural
Affairs; March 29, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 29, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1414 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to the temporary 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. TEMPORARY 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. TEMPORARY ADMINISTRATION OF CHAPTER BY
DEPARTMENT; RULES. (a) Notwithstanding any other law, the
department shall assume all policy-making powers of the board and
administer this chapter. The department may contract as necessary
to administer this chapter.
(b) A power or duty granted to the board under this chapter
is a power or duty of the executive director of the department, the
department, or the commission, as applicable.
(c) The commission or executive director of the department
may delegate, or withdraw any delegation of, any power or duty under
this chapter to the board or the executive director of the board.
The delegation or withdrawal of delegation must be in writing.
(d) The commission may not adopt a new rule relating to the
scope of practice of or a health-related standard of care for the
practice of the profession of veterinary medicine unless the rule
has been proposed by the board under Section 801.024(c). For a rule
described by this subsection, the commission shall either adopt the
rule as proposed or return the rule to the board for revision.
(e) The commission retains authority for final adoption of
all rules and is responsible for ensuring compliance with all laws
regarding the rulemaking process.
(f) Not later than December 31, 2026, the department shall
conduct a review under Section 2001.039, Government Code, of each
rule under 22 T.A.C. Part 24. In conducting the review under this
subsection, the department shall ensure that license holders and
the public have a meaningful opportunity to provide input and
recommend changes to the rules.
(g) The department shall propose necessary amendments to a
rule, or the repeal of a rule, for which the department determines
the board lacks a sufficient reason or authority to adopt or
enforce.
Sec. 801.023. SEPARATION OF ADMINISTRATIVE FUNCTIONS OF
BOARD. (a) The executive director of the department shall direct
and may dismiss the executive director of the board. The presiding
officer of the commission shall appoint a replacement executive
director of the board if necessary.
(b) Subject to Subsection (a), the executive director of the
board is responsible for the administration of financial services,
human resources, and workforce development duties of the board,
including:
(1) accounts payable and accounts receivable;
(2) budgeting, inventory, and asset management;
(3) payroll;
(4) personnel and labor issues;
(5) purchasing;
(6) recruitment, evaluation, selection, training, and
promotion of personnel;
(7) submitting required reports regarding finances,
performance measures, strategic planning, legislative
appropriations requests, operating budgets, and similar
information as required by law;
(8) legal support services, including responding to
requests for public information; and
(9) information technology and support.
(c) If the department provides any of the functions listed
in Subsection (b), the board shall reimburse the department for
administrative costs incurred in providing those services.
Sec. 801.024. ADVISORY BOARD. (a) Notwithstanding
Subchapter D, the board is an advisory board to the department.
(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 or a health-related standard of care for
the practice of the profession of veterinary medicine.
Sec. 801.025. 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. 801.026. 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 of
Information Resources shall consult with the department and the
board 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.
(c) Notwithstanding any other law, the board shall provide
the Department of Information Resources and the department with
access to any system, hardware, software, documents, or information
necessary to achieve the purposes of Subsection (b) of this
section.
(d) The provision of information under this section to the
Department of Information Resources or the department does not
waive confidentiality or privilege.
SECTION 4. Not later than December 1, 2024, the Texas
Department of Licensing and Regulation shall submit to the Sunset
Advisory Commission and each standing committee of the legislature
with primary jurisdiction over the State Board of Veterinary
Medical Examiners any legislative recommendations necessary to
improve the board's operations.
SECTION 5. This Act takes effect September 1, 2023.
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