S.B. No. 1414
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) Except as provided by Section 801.024(c), the
commission shall adopt all rules necessary to implement this
chapter.
(e) 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.
(f) 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.
(g) For any rulemaking or contested case for which an expert
witness is necessary, the commission or department, as applicable,
may have a member of the board who is a veterinarian licensed in
good standing in this state serve as the expert witness.
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 adopt rules relating to the scope of
practice of or a health-related standard of care for the practice of
the profession of veterinary medicine.
(d) The commission shall review each rule adopted under
Subsection (c) and, if the commission determines that the rule is
not authorized by this chapter or other law or is an unauthorized
anticompetitive rule, issue an order stating that determination. A
rule for which an order is issued under this subsection may not take
effect or be enforced.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1414 passed the Senate on
April 3, 2023, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 27, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1414 passed the House, with
amendment, on May 17, 2023, by the following vote: Yeas 140,
Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor