Texas 2023 - 88th Regular

Texas Senate Bill SB820 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 820
2	2
3	3
4	4	AN ACT
5	5	relating to the registration of vision support organizations;
6	6	imposing a fee; requiring an occupational registration; providing a
7	7	civil penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 5, Business & Commerce Code, is
10	10	amended by adding Chapter 74 to read as follows:
11	11	CHAPTER 74. REGISTRATION OF VISION SUPPORT ORGANIZATIONS
12	12	Sec. 74.001. DEFINITIONS. In this chapter:
13	13	(1) "Business support services" means business,
14	14	management, consulting, or administrative services, facilities, or
15	15	staff provided for an optometrist or an entity that employs or
16	16	contracts with an optometrist to provide services or products,
17	17	including:
18	18	(A) office space, furnishings, equipment,
19	19	supplies, or inventory;
20	20	(B) staff employed by a vision support
21	21	organization;
22	22	(C) regulatory compliance;
23	23	(D) eye care equipment, supplies, or products;
24	24	(E) information systems;
25	25	(F) marketing or advertising;
26	26	(G) financial services;
27	27	(H) accounting, bookkeeping, or monitoring of
28	28	accounts receivable;
29	29	(I) payroll or benefits administration;
30	30	(J) billing and collection for services and
31	31	products;
32	32	(K) reporting and payment of federal or state
33	33	taxes;
34	34	(L) administration of interest expense or
35	35	indebtedness incurred to finance the operation of a business;
36	36	(M) insurance services; or
37	37	(N) group purchasing services.
38	38	(2) "Optometrist" means an individual optometrist or
39	39	therapeutic optometrist licensed to practice optometry in this
40	40	state.
41	41	(3) "Vision support organization" means an entity
42	42	that, under one or more agreements, provides two or more business
43	43	support services to an optometrist.
44	44	Sec. 74.002. REGISTRATION REQUIRED. (a) A vision support
45	45	organization shall annually register with the secretary of state.
46	46	(b) A vision support organization's registration under this
47	47	section is considered registration of any subsidiary, contractor,
48	48	or affiliate of the vision support organization through or with
49	49	which the vision support organization provides business support
50	50	services if the registration includes all required information from
51	51	each subsidiary, contractor, or affiliate of the vision support
52	52	organization as if that entity had filed individually.
53	53	Sec. 74.003. EXEMPTIONS. This chapter does not require
54	54	registration by:
55	55	(1) an accountant providing only accounting services;
56	56	(2) an attorney providing only legal counsel;
57	57	(3) an insurance company or insurance agent providing
58	58	only insurance policies to a business;
59	59	(4) entities providing only investment and financial
60	60	advisory services;
61	61	(5) an accredited college of optometry or college of
62	62	medicine in this state;
63	63	(6) an optometrist licensed by the Texas Optometry
64	64	Board or a physician licensed by the Texas Medical Board who has an
65	65	ownership interest in three or fewer locations;
66	66	(7) a community health center, as defined by Section
67	67	351.367(a), Occupations Code; and
68	68	(8) a nonprofit corporation governed by Chapter 22,
69	69	Business Organizations Code, and exempt from taxation under Section
70	70	501(a), Internal Revenue Code of 1986, as an organization described
71	71	by Section 501(c)(3) of that code, that performs eye care services
72	72	primarily for homeless, migrant, indigent, or medically
73	73	underserved populations.
74	74	Sec. 74.004. CONTENTS OF REGISTRATION; FEE. (a) The
75	75	registration required by Section 74.002 must include:
76	76	(1) the name and business address of the vision
77	77	support organization;
78	78	(2) the name and business address of each optometrist
79	79	and each entity that employs or contracts with an optometrist to
80	80	provide eye care services in this state with which the vision
81	81	support organization has entered into an agreement to provide two
82	82	or more business support services;
83	83	(3) the name of each optometrist who owns any portion
84	84	of the vision support organization;
85	85	(4) the name of each person who is not an optometrist
86	86	and owns five percent or more of the vision support organization;
87	87	and
88	88	(5) a list of all business support services provided
89	89	to each optometrist or each entity that employs or contracts with an
90	90	optometrist to provide eye care services.
91	91	(b) A registration and each corrected registration must be
92	92	accompanied by a fee set by the secretary of state in an amount
93	93	necessary to recover the costs of administering this chapter.
94	94	(c) A registration or corrected registration is not
95	95	effective until the vision support organization pays the fee
96	96	required by this section.
97	97	Sec. 74.005. TIMING OF REGISTRATION; CORRECTION REQUIRED.
98	98	(a) Except as provided by Subsection (b), the registration required
99	99	by Section 74.002 must be filed with the secretary of state not
100	100	later than January 31 of each year for which the registration is
101	101	effective.
102	102	(b) A vision support organization that initially meets the
103	103	requirement for registration under Section 74.002 after January 31
104	104	shall file the registration required by that section not later than
105	105	the 90th day after the date an agreement to provide business support
106	106	services is executed.
107	107	(c) A vision support organization shall file a corrected
108	108	registration semiannually as necessary.
109	109	Sec. 74.006. FAILURE TO FILE REGISTRATION OR CORRECTION.
110	110	(a) A person who fails to file a registration or a corrected
111	111	registration as required by this chapter is liable to the state for
112	112	a civil penalty in an amount not to exceed $1,000.
113	113	(b) Each day a violation continues or occurs is a separate
114	114	violation for the purpose of imposing the civil penalty.
115	115	(c) The attorney general shall file suit to collect the
116	116	civil penalty provided by this section. The suit may be filed in
117	117	Travis County or any county where the vision support organization
118	118	provides business support services.
119	119	Sec. 74.007. INTERAGENCY MEMORANDUM. The secretary of
120	120	state shall enter into an interagency memorandum to share the
121	121	information collected by the secretary of state under this chapter
122	122	with any relevant state agency.
123	123	Sec. 74.008. APPLICABILITY. This chapter does not limit
124	124	business support services that may be provided to an optometrist by
125	125	a vision support organization, to the extent permitted under
126	126	Section 351.408, Occupations Code.
127	127	Sec. 74.009. LIMITATION ON OPTOMETRY BOARD RULEMAKING. The
128	128	Texas Optometry Board may not adopt any rule limiting the right of
129	129	an optometrist to contract with a vision support organization for
130	130	business support services that are otherwise legally permissible.
131	131	SECTION 2. Notwithstanding Section 74.002, Business &
132	132	Commerce Code, as added by this Act, a vision support organization
133	133	is not required to register under that section before February 1,
134	134	2024.
135	135	SECTION 3. This Act takes effect September 1, 2023.
136	136	______________________________ ______________________________
137	137	President of the Senate Speaker of the House
138	138	I hereby certify that S.B. No. 820 passed the Senate on
139	139	April 20, 2023, by the following vote: Yeas 28, Nays 3; and that
140	140	the Senate concurred in House amendment on May 16, 2023, by the
141	141	following vote: Yeas 28, Nays 3.
142	142	______________________________
143	143	Secretary of the Senate
144	144	I hereby certify that S.B. No. 820 passed the House, with
145	145	amendment, on May 11, 2023, by the following vote: Yeas 133,
146	146	Nays 7, one present not voting.
147	147	______________________________
148	148	Chief Clerk of the House
149	149	Approved:
150	150	______________________________
151	151	Date
152	152	______________________________
153	153	Governor