Texas 2023 - 88th Regular

Texas Senate Bill SB1414 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1414
2	2
3	3
4	4	AN ACT
5	5	relating to the temporary regulation of the practice of veterinary
6	6	medicine by the Texas Department of Licensing and Regulation.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 801.003, Occupations Code, is amended to
9	9	read as follows:
10	10	Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
11	11	Veterinary Medical Examiners is subject to Chapter 325, Government
12	12	Code (Texas Sunset Act). Unless continued in existence as provided
13	13	by that chapter, the board is abolished September 1, 2027 [2029].
14	14	SECTION 2. Chapter 801, Occupations Code, is amended by
15	15	adding Subchapter A-1 to read as follows:
16	16	SUBCHAPTER A-1. TEMPORARY REGULATION BY TEXAS DEPARTMENT OF
17	17	LICENSING AND REGULATION
18	18	Sec. 801.021. DEFINITIONS. In this subchapter:
19	19	(1) "Commission" means the Texas Commission of
20	20	Licensing and Regulation.
21	21	(2) "Department" means the Texas Department of
22	22	Licensing and Regulation.
23	23	Sec. 801.022. TEMPORARY ADMINISTRATION OF CHAPTER BY
24	24	DEPARTMENT; RULES. (a) Notwithstanding any other law, the
25	25	department shall assume all policy-making powers of the board and
26	26	administer this chapter. The department may contract as necessary
27	27	to administer this chapter.
28	28	(b) A power or duty granted to the board under this chapter
29	29	is a power or duty of the executive director of the department, the
30	30	department, or the commission, as applicable.
31	31	(c) The commission or executive director of the department
32	32	may delegate, or withdraw any delegation of, any power or duty under
33	33	this chapter to the board or the executive director of the board.
34	34	The delegation or withdrawal of delegation must be in writing.
35	35	(d) Except as provided by Section 801.024(c), the
36	36	commission shall adopt all rules necessary to implement this
37	37	chapter.
38	38	(e) Not later than December 31, 2026, the department shall
39	39	conduct a review under Section 2001.039, Government Code, of each
40	40	rule under 22 T.A.C. Part 24. In conducting the review under this
41	41	subsection, the department shall ensure that license holders and
42	42	the public have a meaningful opportunity to provide input and
43	43	recommend changes to the rules.
44	44	(f) The department shall propose necessary amendments to a
45	45	rule, or the repeal of a rule, for which the department determines
46	46	the board lacks a sufficient reason or authority to adopt or
47	47	enforce.
48	48	(g) For any rulemaking or contested case for which an expert
49	49	witness is necessary, the commission or department, as applicable,
50	50	may have a member of the board who is a veterinarian licensed in
51	51	good standing in this state serve as the expert witness.
52	52	Sec. 801.023. SEPARATION OF ADMINISTRATIVE FUNCTIONS OF
53	53	BOARD. (a) The executive director of the department shall direct
54	54	and may dismiss the executive director of the board. The presiding
55	55	officer of the commission shall appoint a replacement executive
56	56	director of the board if necessary.
57	57	(b) Subject to Subsection (a), the executive director of the
58	58	board is responsible for the administration of financial services,
59	59	human resources, and workforce development duties of the board,
60	60	including:
61	61	(1) accounts payable and accounts receivable;
62	62	(2) budgeting, inventory, and asset management;
63	63	(3) payroll;
64	64	(4) personnel and labor issues;
65	65	(5) purchasing;
66	66	(6) recruitment, evaluation, selection, training, and
67	67	promotion of personnel;
68	68	(7) submitting required reports regarding finances,
69	69	performance measures, strategic planning, legislative
70	70	appropriations requests, operating budgets, and similar
71	71	information as required by law;
72	72	(8) legal support services, including responding to
73	73	requests for public information; and
74	74	(9) information technology and support.
75	75	(c) If the department provides any of the functions listed
76	76	in Subsection (b), the board shall reimburse the department for
77	77	administrative costs incurred in providing those services.
78	78	Sec. 801.024. ADVISORY BOARD. (a) Notwithstanding
79	79	Subchapter D, the board is an advisory board to the department.
80	80	(b) The board, the equine dental provider advisory
81	81	committee, and any advisory committee appointed under Section
82	82	801.163 shall provide advice and recommendations to the department
83	83	on technical matters relevant to the administration of this
84	84	chapter.
85	85	(c) The board shall adopt rules relating to the scope of
86	86	practice of or a health-related standard of care for the practice of
87	87	the profession of veterinary medicine.
88	88	(d) The commission shall review each rule adopted under
89	89	Subsection (c) and, if the commission determines that the rule is
90	90	not authorized by this chapter or other law or is an unauthorized
91	91	anticompetitive rule, issue an order stating that determination. A
92	92	rule for which an order is issued under this subsection may not take
93	93	effect or be enforced.
94	94	Sec. 801.025. CONFLICT WITH OTHER LAW. (a)
95	95	Notwithstanding Section 51.003, to the extent of any conflict
96	96	between this chapter and Chapter 51, this chapter controls.
97	97	(b) To the extent of any conflict between this subchapter
98	98	and another provision of this chapter, this subchapter controls.
99	99	Sec. 801.026. EXPIRATION. This subchapter expires
100	100	September 1, 2027.
101	101	SECTION 3. (a) In this section:
102	102	(1) "Board" means the State Board of Veterinary
103	103	Medical Examiners.
104	104	(2) "Department" means the Texas Department of
105	105	Licensing and Regulation.
106	106	(b) Not later than October 1, 2023, the Department of
107	107	Information Resources shall consult with the department and the
108	108	board to assess the database needs of the board and establish a plan
109	109	for the procurement and acquisition of a database suitable to
110	110	address those needs.
111	111	(c) Notwithstanding any other law, the board shall provide
112	112	the Department of Information Resources and the department with
113	113	access to any system, hardware, software, documents, or information
114	114	necessary to achieve the purposes of Subsection (b) of this
115	115	section.
116	116	(d) The provision of information under this section to the
117	117	Department of Information Resources or the department does not
118	118	waive confidentiality or privilege.
119	119	SECTION 4. Not later than December 1, 2024, the Texas
120	120	Department of Licensing and Regulation shall submit to the Sunset
121	121	Advisory Commission and each standing committee of the legislature
122	122	with primary jurisdiction over the State Board of Veterinary
123	123	Medical Examiners any legislative recommendations necessary to
124	124	improve the board's operations.
125	125	SECTION 5. This Act takes effect September 1, 2023.
126	126	______________________________ ______________________________
127	127	President of the Senate Speaker of the House
128	128	I hereby certify that S.B. No. 1414 passed the Senate on
129	129	April 3, 2023, by the following vote: Yeas 30, Nays 0; and that
130	130	the Senate concurred in House amendment on May 27, 2023, by the
131	131	following vote: Yeas 31, Nays 0.
132	132	______________________________
133	133	Secretary of the Senate
134	134	I hereby certify that S.B. No. 1414 passed the House, with
135	135	amendment, on May 17, 2023, by the following vote: Yeas 140,
136	136	Nays 2, two present not voting.
137	137	______________________________
138	138	Chief Clerk of the House
139	139	Approved:
140	140	______________________________
141	141	Date
142	142	______________________________
143	143	Governor