BILL ANALYSIS Senate Research Center S.B. 2155 89R17944 TYPED By: Perry Water, Agriculture and Rural Affairs 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 2023, the Sunset Advisory Commission identified operational inefficiencies within the Texas Board of Veterinary Medical Examiners (TBVME), including delays in licensing, enforcement challenges, and outdated regulatory structures. To address these issues, the 88th Legislature passed S.B. 1414, which temporarily attached TBVME to the Texas Department of Licensing & Regulation (TDLR) for four years to improve oversight and streamline operations. S.B. 2155 builds on the reforms initiated by S.B. 1414 by implementing TDLR's recommendations to modernize TBVME's structure and ensure long-term efficiency and accountability. The bill aligns TBVME's framework with the Texas Occupations Code, improving licensing processes, complaint resolution, and enforcement actions. As proposed, S.B. 2155 amends current law relating to the regulation of veterinary professionals and facilities by the State Board of Veterinary Medical Examiners and the temporary administration of the board by the Department of Licensing and Regulation. RULEMAKING AUTHORITY Rulemaking authority previously granted to the Texas Board of Veterinary Medical Examiners is modified in SECTION 7 (Section 801.151, Occupations Code), SECTION 17 (Section 801.205, Occupations Code), and SECTION 27 (Section 801.408, Occupations Code) of this bill. Rulemaking authority is expressly granted to the Texas Board of Veterinary Medical Examiners in SECTION 11 (Section 801.161, Occupations Code), SECTION 21 (Section 801.2056, Occupations Code), SECTION 26 (Section 801.407, Occupations Code), and SECTION 38 (Sections 801.601 and 801.603, Occupations Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 801.002, Occupations Code, by adding Subsection (6-b) to define "veterinary medical facility." SECTION 2. Amends Sections 801.023(a) and (b), Occupations Code, as follows: (a) Provides that the executive director of the Texas Department of Licensing and Regulation (TDLR) is required to direct and is authorized to dismiss the executive director of the Texas Board of Veterinary Medical Examiners (executive director), and has authority relating to personnel actions as if the executive director of the Texas Board of Veterinary Medical Examiners (TBVME) were an employee of TDLR. Makes a nonsubstantive change. (b) Provides that, subject to Subsection (a), the executive director is responsible for the administration of licensing, enforcement, financial services, human resources, and workforce development duties of TBVME, including certain subjects. SECTION 3. Amends Section 801.101, Occupations Code, as follows: Sec. 801.101. EXECUTIVE DIRECTOR. Requires TBVME to appoint, rather than authorizes TBVME to employ, an executive director. Provides that the executive director serves at the will of TBVME. SECTION 4. Amends Section 801.102, Occupations Code, as follows: Sec. 801.102. New heading: EXECUTIVE DIRECTOR POWERS AND DUTIES. (a) Requires the executive director to perform any duties assigned by TBVME and other duties specified by law, administer and enforce TBVME's programs, and issue licenses regulated by TBVME. Deletes existing text providing that the executive director is responsible for safekeeping the money collected under Chapter 801 (Veterinarians) and properly disbursing the veterinary fund account established by this chapter. (b) Authorizes the executive director to delegate any power or duty assigned to the executive director unless prohibited by law and issue emergency orders and cease and desist orders as provided by this chapter. Makes a nonsubstantive change to this section. SECTION 5. Amends Section 801.103, Occupations Code, as follows: Sec. 801.103. PERSONNEL. Authorizes TBVME to employ personnel to administer this chapter and to prescribe their duties and compensation, subject to the personnel policies and budget approved by TBVME. SECTION 6. Amends Subchapter D, Chapter 801, Occupations Code, by adding Section 801.150, as follows: Sec. 801.150. GENERAL POWERS AND DUTIES OF BOARD. Requires TBVME to supervise the executive director's administration of this chapter, formulate policy objectives for TBVME, and approve TBVME's operating budget and requests for legislative appropriations. SECTION 7. Amends Sections 801.151(a) and (b), Occupations Code, as follows: (a) Requires, rather than authorizes, TBVME to adopt rules as necessary to administer this chapter. (b) Requires, rather than authorizes, TBVME to adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the veterinary medicine profession. SECTION 8. Amends Section 801.156, Occupations Code, as follows: Sec. 801.156. New heading: DATA; PUBLIC ACCESS. (a) Requires TBVME to maintain an electronic system allowing it to provide accurate reporting of information relating to license holders and applicants, complaints, enforcement actions, investigations, and inspections. Deletes existing text requiring TBVME to maintain a record of each license holder's name, residence address, and business address. (b) Requires TBVME to provide on its public-facing website a feature allowing users to verify a license holder's license status, determine whether the license holder is currently subject to disciplinary action, and review relevant disciplinary orders and data, updated at least quarterly, summarizing the number, type, and disposition of complaints received during the fiscal year. Deletes text of existing Subsection (b) requiring a license holder to notify TBVME of a change of business address or employer not later than the 60th day after the date the change takes effect. SECTION 9. Amends Section 801.157, Occupations Code, to add Subsection (c) to require TBVME to provide information on its website directing licensed veterinarians to approved peer assistance programs. SECTION 10. Amends Sections 801.158(a) and (c), Occupations Code, as follows: (a) Authorizes TBVME or the executive director to request and, if necessary, compel by subpoena certain actions. (c) Requires that an action filed under this Section 801.158 (Subpoena) be filed in a district court in Travis County or any other county in which TDLR is authorized to hold a hearing. Deletes existing text providing that venue for an action brought under Subsection (b) (relating to authorizing TBVME to bring an action to enforce a subpoena issued under Subsection (a) against a person who fails to comply with the subpoena) is in a district court in Travis County or any county in which TBVME is authorized to hold a hearing. SECTION 11. Amends Section 801.161, Occupations Code, as follows: Sec. 801.161. USE OF TECHNOLOGY. (a) Creates this subsection from existing text and makes no further changes. (b) Authorizes TBVME by rule to require an applicant or license holder to provide an e-mail address for purposes of receiving correspondence. Provides that an e-mail address provided under this section is confidential and is not subject to disclosure under Chapter 552 (Public Information), Government Code. (c) Authorizes TBVME, notwithstanding any other law, by rule to provide that service of any notice, order, or pleading required under this chapter or under Chapter 2001 (Administrative Procedure), Government Code, is authorized to be made electronically to the e-mail address provided pursuant to Subsection (b). SECTION 12. Amends Section 801.163(d), Occupations Code, to provide that, notwithstanding any other law, Chapter 2110 (State Agency Advisory Committees), Government Code, does not apply to an advisory committee appointed under Section 801.163 (Advisory Committees), and to delete existing text providing that, to the extent of any conflict with Chapter 2110, Government Code, this section and TBVME rules adopted under this section control. SECTION 13. Amends Subchapter D, Chapter 801, Occupations Code, by adding Section 801.1631, as follows: Sec. 801.1631. INSPECTIONS AND INVESTIGATIONS. (a) Authorizes TBVME to conduct inspections or investigations as necessary to enforce the laws administered by TBVME. (b) Authorizes TBVME, to perform its functions under Subsection (a), during reasonable business hours, to enter a veterinary medical facility or other business premises of a person regulated by TBVME, or of a person suspected of being in violation of, or threatening to violate, a law administered by TBVME, or a rule or order of TBVME or the executive director, and examine and copy records pertinent to the inspection or investigation. (c) Authorizes TBVME to take a disciplinary action authorized by this chapter for a violation identified during an inspection. SECTION 14. Amends Section 801.164, Occupations Code, as follows: Sec. 801.164. New heading: RISK-BASED INSPECTIONS. (a) Creates this subsection from existing text. Requires TBVME to prioritize inspections relating to key risk factors identified by TBVME, including previous violations by the license holder or information concerning a veterinarian's use, handling, prescribing, dispensing, or delivery of controlled substances. Deletes existing text authorizing TBVME to conduct a inspection of a veterinarian's practice based on information obtained from the veterinarian or another source concerning the veterinarian's use, handling, prescribing, dispensing, or delivery of controlled substances. (b) Authorizes TBVME to use alternative inspection methods, including videoconference or similar technology, instead of conducting an in-person inspection in circumstances TBVME considers appropriate. SECTION 15. Amends Subchapter D, Chapter 801, Occupations Code, by adding Section 801.165, as follows: Sec. 801.165. REFUND. (a) Authorizes TBVME or the executive director, subject to Subsection (b), to order a license holder to pay a refund to a consumer as provided in an agreed settlement, default order, or TBVME order instead of or in addition to imposing an administrative penalty or sanction. (b) Prohibits the amount of a refund ordered under this section from exceeding the amount the consumer paid to the license holder for a service regulated by TBVME and from requiring payment of other damages or estimate harm. SECTION 16. Amends Subchapter D, Chapter 801, Occupations Code, by adding Section 801.166, as follows: Sec. 801.166. RECIPROCITY AGREEMENTS. Authorizes TBVME, with approval of the governor, to enter into an agreement with another state to allow for licensing by reciprocity. SECTION 17. Amends Section 801.205, Occupations Code, as follows: Sec. 801.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. Requires TBVME to adopt rules relating to the investigation and disposition of complaints filed with TBVME. Deletes existing text requiring that the rules ensure that the person who filed the complaint has the opportunity to explain the allegations made in the complaint and prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for TBVME to obtain the services of a private investigator. Makes nonsubstantive changes. SECTION 18. Amends Section 801.2051, Occupations Code, as follows: Sec. 801.2051. PRIORITY OF COMPLAINTS. Requires TBVME to assign priorities and investigate complaints based on risk posed to the public by the conduct alleged in the complaint. Deletes existing text requiring TBVME to prioritize complaints to resolve the more serious complaints first. SECTION 19. Amends Section 801.2052, Occupations Code, as follows: Sec. 801.2052. DISMISSAL OF BASELESS OR UNFOUNDED COMPLAINT. (a) Requires TBVME, if TBVME determines at any time that an allegation or complaint submitted by a person is baseless, unfounded, or does not fall within TBVME's regulatory jurisdiction, to dismiss the complaint. Deletes existing text requiring TBVME, if before the 180th day after the date TBVME's official investigation of a complaint is commenced, TBVME determines in accordance with rules adopted under this section that a complaint filed with TBVME is baseless or unfounded, to dismiss the complaint and include a statement in the record of the complaint that the complaint was dismissed because the complaint was baseless or unfounded. SECTION 20. Amends Section 801.2055, Occupations Code, to add Subsection (c-1) and amend Subsection (d), as follows: (c-1) Authorizes TBVME to contract with a qualified individual to assist in reviewing or investigating complaints requiring medical expertise. Provides that, except for an act involving fraud, conspiracy, or malice, an individual with whom TBVME contracts under this subsection is immune from liability or from disciplinary action under this chapter and is prohibited from being subject to a suit for damages for any act arising from the performance of the individual's duties in participating in an informal conference to determine the facts of a complaint, offering an expert opinion or technical guidance on an alleged violation of this chapter or of a rule or order issued by TBVME or the executive director, testifying at a hearing regarding a complaint, or making an evaluation, report, or recommendation regarding a complaint. (d) Prohibits a veterinarian TBVME member who reviews a complaint under Section 801.2055 (Complaints Requiring Medical Expertise) from deliberating or voting in, rather than participating in, any subsequent disciplinary proceeding related to the complaint. SECTION 21. Amends Section 801.2056, Occupations Code, as follows: Sec. 801.2056. COMPLAINTS NOT REQUIRING MEDICAL EXPERTISE. Requires TBVME to adopt rules relating to the evaluation and disposition of complaints not requiring medical expertise. Deletes existing text authorizing TBVME to delegate to a committee of TBVME staff (committee) the authority to dismiss or enter into an agreed settlement of a complaint that does not require medical expertise. Deletes existing text requiring that the disposition determined by the committee be approved by TBVME at a public meeting. Deletes text of existing Subsection (b) requiring that a complaint delegated under this section be referred for informal proceedings under Section 801.408 in certain circumstances. Makes nonsubstantive changes. SECTION 22. Amends Section 801.207, Occupations Code, as follows: Sec. 801.207. New heading: CONFIDENTIALITY. (a) Provides that, except as otherwise provided by this section, a complaint and investigation concerning a person to whom this chapter applies, and all information and materials subpoenaed or compiled by TBVME in connection with the complaint and investigation, are confidential and not subject to disclosure under Chapter 552, Government Code or disclosure, discovery, subpoena, or other means of legal compulsion for their release to any person. Deletes existing text providing that, except as provided by Subsection (b), a TBVME record is a public record and is available for public inspection during normal business hours. (b) Authorizes TBVME, notwithstanding Subsection (a), to disclose information regarding a complaint or investigation to certain entities. Deletes existing text providing that, except as provided by Subsection (b-1) (relating to requiring TBVME to provide to the license holder who is the subject of the complaint a copy of the record of any review conducted of a complaint requiring medical expertise), each complaint, investigation file and record, and other investigation report and all other investigative information in the possession of or received or gathered by TBVME or TBVME's employees or agents relating to a license holder, an application for license, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to anyone other than TBVME or TBVME's employees or agents involved in discipline of a license holder. (b-1)-(e) Makes no changes to these subsections. (f) Prohibits TBVME from being compelled to release or disclose complaint and investigation information or materials to a person listed in Subsection (b) if TBVME has not issued a notice of alleged violation related to the information or materials. (g) Provides that notices of alleged violation and disciplinary orders, including warnings and reprimands, issued by the board are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code. (h) Authorizes TBVME, notwithstanding any other provision of this section, if an investigation would be jeopardized by the disclosure of information relating to a complaint or investigation, to temporarily withhold or otherwise refrain from disclosing to any person any information or materials that TBVME would otherwise be required to disclose. SECTION 23. Amends Section 801.208(d), Occupations Code, to prohibit the notification to a complainant of the final disposition of the complaint from including any information that is confidential under Section 801.207, rather than Section 801.207(b). SECTION 24. Reenacts Section 801.253, Occupations Code, as amended by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 9, and amends it, as follows: (a) Deletes existing text requiring TBVME to conduct a licensing examination at a time and place TBVME determines is convenient for applicants. (b) Requires TBVME to provide notice of a licensing examination on its internet website, rather than by publication in a newspaper or periodical. Deletes text of existing Subsection (c) requiring TBVME to examine each qualified applicant who attends the examination. Makes a nonsubstantive change. SECTION 25. Amends Section 801.406, Occupations Code, as follows: Sec. 801.406. New heading: REINSTATEMENT AFTER CERTAIN FELONY CONVICTIONS. (a) Authorizes TBVME, if a person's license has been revoked by operation of law pursuant to Section 53.021(b) (relating to requiring that a license holder's license be revoked on the license holder's imprisonment), Occupations Code, upon imprisonment after a conviction of a felony under certain provisions of the Health and Safety Code, or by TBVME upon conviction of a license holder of an offense under Section 485.033 (Inhalant Paraphernalia), Health and Safety Code, or of any offense under certain provisions of that code, to reinstate or reissue the license only upon determining that reinstatement or reissuance of the license is in the best interest of the public and the person whose license has been revoked. Deletes existing text requiring TBVME, on conviction of a license holder of a felony under Section 485.033, Health and Safety Code, or certain provisions of that code, after conducting an administrative hearing in which the fact of conviction is determined, to impose a penalty as provided by Section 801.401 (Disciplinary Powers of Board). Deletes existing text requiring TBVME to set the amount of the penalty to match the seriousness of the conviction. Deletes existing text authorizing TBVME to reinstate or reissue a license suspended or revoked under this section only on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissuance of the license is in the best interests of the public and the person whose license has been suspended or revoked. Makes nonsubstantive changes. SECTION 26. Amends Section 801.407(d), Occupations Code, as follows: (d) Requires TBVME by rule to prescribe notice procedures for proceedings under Subchapter I (License Denial and Disciplinary Procedures). Deletes existing text authorizing TBVME to conduct deliberations relating to a disciplinary action during executive session. Deletes existing text requiring TBVME, at the conclusion of those deliberations, to vote and announce its decision to the license holder in open session. SECTION 27. Amends Section 801.408, Occupations Code, as follows: Sec. 801.408. INFORMAL PROCEEDINGS. (a) Makes no changes to this subsection. (b) Requires that rules adopted under Subsection (a) (relating to requiring TBVME by rule to adopt procedures governing certain subjects) meet certain criteria, including requiring the presence of a member of TBVME's legal staff, rather than general counsel, or a representative of the attorney general during an informal proceeding to advise TBVME or TBVME's employees. (c) Makes no changes to this subsection. (d) Redesignates existing Subsection (f) as Subsection (d) and makes no further changes. Deletes text of existing Subsection (d) authorizing a committee of TBVME staff to recommend enforcement action at an informal proceeding for a complaint that does not require medical expertise or may refer the complaint to the committee of TBVME members under Subsection (c) (relating to requiring a committee of two or more TBVME members and one or more public board members to be present at an informal proceeding for a complaint that requires medical expertise). Deletes text of existing Subsection (e) authorizing TBVME, at an informal proceeding under this section, and on agreement with the license holder, to order the license holder to refund an amount not to exceed the amount a client paid to the license holder instead of or in addition to imposing an administrative penalty under this chapter. Deletes text of existing Subsection (e) prohibiting the board from requiring payment of other damages or estimate harm under this subsection. SECTION 28. Amends Subchapter I, Chapter 801, Occupations Code, by adding Section 801.4011, as follows: Sec 801.4011. DEFERRED ACTION. (a) Authorizes TBVME, for any action or complaint for which TBVME proposes to impose on a person a sanction other than a reprimand or a denial, suspension, or revocation of a license, to defer the final action TBVME has proposed if the person conforms to conditions imposed by TBVME, including any condition TBVME could impose as a condition of probation under Section 801.401, and if the person successfully meets the imposed conditions, dismiss the complaint. (b) Provides that, except as provided by this subsection, a deferred action by TBVME is not confidential and is subject to disclosure in accordance with Chapter 552, Government Code. Provides that if the person successfully meets the conditions imposed by TBVME in deferring final action and TBVME dismisses the action or complaint, the deferred action of TBVME is confidential to the same extent as a complaint is confidential under Section 801.207. SECTION 29. Amends Subchapter J, Chapter 801, Occupations Code, by adding Section 801.4521, as follows: Sec. 801.4521. IMPOSITION OF SANCTION. Authorizes a proceeding under Subchapter J (Administrative Penalty) imposing an administrative penalty to be combined with a proceeding to impose an administrative sanction. Provides that, if a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter apply to the imposition of the sanction. SECTION 30. Amends Section 801.453(a), Occupations Code, to make a conforming change. SECTION 31. Amends Section 801.454, Occupations Code, as follows: Sec. 801.454. New heading: PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes a person, not later than the 20th day after the date the person receives a notice of alleged violation, in writing, to perform certain actions, including accept TBVME's, rather than the committee's, determination and recommended administrative penalty. Makes a nonsubstantive change. (b) Requires TBVME, if the person accepts TBVME's, rather than the committee's, determination and recommended penalty, to approve the determination and require the person to pay the recommended penalty. Deletes existing text authorizing TBVME, if the person accepts the committee's determination and recommended penalty, to approve the determination and impose the recommended penalty, modify the determination or recommended penalty, or reject the determination or recommended penalty. SECTION 32. Amends Section 801.455, Occupations Code, as follows: Sec. 801.455. New heading: HEARING. (a) Requires that, if a respondent requests a hearing pursuant to Section 801.407 (Right to Hearing), the hearing be conducted by the State Office of Administrative Hearings (SOAH). Deletes existing text requiring the executive director, if the person requests a hearing or fails to respond timely to the notice, to set a hearing and give notice of the hearing to the person. (b) Requires SOAH to consider TBVME's applicable substantive rules and policies when conducting a hearing under this subchapter. Deletes existing text requiring that a hearing set by the executive director under Subsection (a) be held by an administrative law judge of SOAH. (c) Requires the administrative law judge to perform certain actions, including promptly issuing to TBVME a proposal for a decision as to the occurrence of the violation, any recommended license sanction, and the amount of any proposed administrative penalty. SECTION 33. Amends Section 801.456(a), Occupations Code, to authorize TBVME, based on the finings of fact, conclusions of law, and proposal for a decision under Section 801.455(c), by order to make certain determinations, including that a violation has occurred and impose a license sanction, administrative penalty, or both, and to make a nonsubstantive change. SECTION 34. Amends Section 801.457(a), Occupations Code, to require a person, not later than the 30th day after the date TBVME's order becomes final, to perform certain actions, including paying the penalty and filing a petition for judicial review contesting the order, rather than contesting the fact of the violation, the amount of the penalty, or both, and to make a conforming change. SECTION 35. Amends Section 801.502(b), Occupations Code, as follows: (b) Provides that venue for an action brought under Section 801.502 (Injunctive Relief) is in a district court in Travis County. Deletes existing text providing that venue for an action under this section is in certain counties in certain circumstances. SECTION 36. Amends Section 801.508, Occupations Code, as follows: Sec. 801.508. CEASE AND DESIST ORDER. Authorizes TBVME or the executive director to issue a cease and desist order upon determining that it is necessary to prevent a violation of this chapter, or of a rule adopted or order issued by TBVME. Deletes text of existing Subsection (a) authorizing TBVME, if it appears to TBVME that a person is engaging in an act or practice that constitutes the practice of veterinary medicine without a license or the practice of equine dentistry without a license under this chapter, after notice and opportunity for a hearing, to issue a cease and desist order prohibiting the person from engaging in the activity. Deletes text of existing Subsection (b) providing that a violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter J. SECTION 37. Amends Subchapter K, Chapter 801, Occupations Code, by adding Section 801.510, as follows: Sec. 801.510. ISSUANCE OF EMERGENCY ORDERS. (a) Authorizes TBVME or the executive director, upon determining that an emergency exists requiring immediate action to protect the public health and safety, to issue an emergency order to suspend or revoke a license or other authorization issued under a program regulated by TBVME or halt operation of an unsafe veterinary medical facility. (b) Authorizes TBVME or the executive director to issue an emergency order with or without notice and hearing. Requires TBVME, if an emergency order is issued under this section without a hearing, to set the time and place for a hearing conducted by SOAH to affirm, modify, or set aside the emergency order not later than the 17th day after the date the order was issued. Requires that the order be affirmed to the extent that reasonable cause existed to issue the order. (c) Provides that a proceeding under this section is a contested case under Chapter 2001, Government Code. SECTION 38. Amends Chapter 801, Occupations Code, by designating Sections 801.601 through 801.604 as Subchapter M and adding a subchapter heading, as follows: SUBCHAPTER M. VETERINARY MEDICAL FACILITIES Sec. 801.601. REGISTRATION OF VETERINARY MEDICAL FACILITIES REQUIRED. (a) Requires that veterinary medicine be practiced only in or from a veterinary medical facility that is registered with TBVME or that is exempted by rule from the registration requirement. Requires that every individual facility, unless exempted by this section or by TBVME rule adopted pursuant to this section, be registered with TBVME. (b) Provides that Subsection (a) does not apply to a facility maintained or operated by the federal government. (c) Provides that a mobile facility affiliated with a registered veterinary medical facility is exempt from separate registration if identified in the application for registration filed pursuant to this subchapter. (c) Authorizes TBVME to by rule provide exemptions to the registration requirement for facilities if it determines that imposing or enforcing the requirement is not cost-effective for the board, is not feasible with current resources or standards, or will not substantially benefit or protect consumers. Sec. 801.602. REGISTRATION ELIGIBILITY AND APPLICATION. (a) Requires a business entity providing services at a veterinary medical facility, to register the facility, to submit the application provided by TBVME and pay the applicable fee established by TBVME pursuant to Section 801.154 (Fees). Requires that the application be signed by a person with authority to act on behalf of the entity. (b) Requires the facility, in its application for registration, to indicate the type of business entity that provides services at the facility and provide information regarding the owners, partners, and operators of the entity as required by TBVME rule, and provide the names and license or registration numbers of all persons who provide services at the facility and are regulated by TBVME. (c) Requires that an application under this section require the facility to designate a medical director. Requires the designated medical director to be licensed by TBVME as a veterinarian and remain in good standing, regularly practice veterinary medicine at or from the facility, co-sign the application for registration, and agree to accept all correspondence from TBVME on behalf of the facility. (d) Requires a veterinary medical facility whose designated medical director ceases to be affiliated with the facility to designate a new medical director within 30 days of the change. (e) Requires that the term of a registration issued under this section and the process for renewal of a registration be provided by TBVME rule. Sec. 801.603. STANDARDS FOR OPERATION OF VETERINARY MEDICAL FACILITIES. Requires TBVME to adopt and enforce rules relating to standards of operation of veterinary medical facilities. Requires that the rules include standards regarding safety and sanitation, storage and security of pharmaceuticals and controlled substances, patient care, retention of documentation, including medical records, controlled substance logs, and employment records, and compliance with other state laws related to health and safety. Sec 801.604. SANCTIONS AND ADMINISTRATIVE PENALTIES. Requires the owner or owners of a business entity that provides services at a veterinary medical facility to be subject to administrative penalties, license sanctions, or both, if the facility does not hold a current registration, the facility violates a standard adopted pursuant to Section 801.603, facility personnel deny access to TBVME or its agents to conduct an inspection or investigation, or the facility fails to comply with a TBVME order. SECTION 39. Repealers: Sections 801.206 (Disposition of Complaint) and 801.459 (Determination by Court), Occupations Code. Repealers: Sections 801.307(a-1) (relating to requiring TBVME to require a veterinarian to complete two hours of continuing education relating to opioid abuse every two years to renew a license to practice veterinary medicine) as added by Acts 2019, 86th Leg., R.S., Ch. 449 (S.B. 1947), Sec. 2, and 801.253(a) (relating to requiring TBVME to conduct licensing examinations at least twice each year as provided by TBVME rule) as amended by Acts 2011, 82nd Leg., R.S., Ch. 411 (S.B. 811), Sec. 3, Occupations Code. Repealers: Sections 801.461 (Administrative Procedure) and 801.505 (Board Member or Employee; Fine), Occupations Code. SECTION 40. Requires TBVME, as soon as practicable after the effective date of this Act, to adopt the rules and procedures necessary to implement the provisions of this Act other than those contained in Subchapter M, Chapter 801, Occupations Code, as added by this Act. SECTION 41. Requires TBVME, no later than March 1, 2027, to adopt the rules and procedures necessary to implement the provisions contained in Subchapter M, Chapter 801, Occupations Code, as added by this Act. SECTION 42. Requires a veterinary medical facility to register with TBVME not later than September 1, 2027. SECTION 43. (a) Effective date, except as provided by Subsection (b) of this section: September 1, 2025. (b) Effective date, Subchapter M, Chapter 801, Occupations Code, as added by this Act: September 1, 2026.
BILL ANALYSIS
Senate Research Center S.B. 2155
89R17944 TYPED By: Perry
Water, Agriculture and Rural Affairs
3/28/2025
As Filed
Senate Research Center
S.B. 2155
89R17944 TYPED
By: Perry
Water, Agriculture and Rural Affairs
3/28/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In 2023, the Sunset Advisory Commission identified operational inefficiencies within the Texas Board of Veterinary Medical Examiners (TBVME), including delays in licensing, enforcement challenges, and outdated regulatory structures. To address these issues, the 88th Legislature passed S.B. 1414, which temporarily attached TBVME to the Texas Department of Licensing & Regulation (TDLR) for four years to improve oversight and streamline operations.
S.B. 2155 builds on the reforms initiated by S.B. 1414 by implementing TDLR's recommendations to modernize TBVME's structure and ensure long-term efficiency and accountability. The bill aligns TBVME's framework with the Texas Occupations Code, improving licensing processes, complaint resolution, and enforcement actions.
As proposed, S.B. 2155 amends current law relating to the regulation of veterinary professionals and facilities by the State Board of Veterinary Medical Examiners and the temporary administration of the board by the Department of Licensing and Regulation.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the Texas Board of Veterinary Medical Examiners is modified in SECTION 7 (Section 801.151, Occupations Code), SECTION 17 (Section 801.205, Occupations Code), and SECTION 27 (Section 801.408, Occupations Code) of this bill.
Rulemaking authority is expressly granted to the Texas Board of Veterinary Medical Examiners in SECTION 11 (Section 801.161, Occupations Code), SECTION 21 (Section 801.2056, Occupations Code), SECTION 26 (Section 801.407, Occupations Code), and SECTION 38 (Sections 801.601 and 801.603, Occupations Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 801.002, Occupations Code, by adding Subsection (6-b) to define "veterinary medical facility."
SECTION 2. Amends Sections 801.023(a) and (b), Occupations Code, as follows:
(a) Provides that the executive director of the Texas Department of Licensing and Regulation (TDLR) is required to direct and is authorized to dismiss the executive director of the Texas Board of Veterinary Medical Examiners (executive director), and has authority relating to personnel actions as if the executive director of the Texas Board of Veterinary Medical Examiners (TBVME) were an employee of TDLR. Makes a nonsubstantive change.
(b) Provides that, subject to Subsection (a), the executive director is responsible for the administration of licensing, enforcement, financial services, human resources, and workforce development duties of TBVME, including certain subjects.
SECTION 3. Amends Section 801.101, Occupations Code, as follows:
Sec. 801.101. EXECUTIVE DIRECTOR. Requires TBVME to appoint, rather than authorizes TBVME to employ, an executive director. Provides that the executive director serves at the will of TBVME.
SECTION 4. Amends Section 801.102, Occupations Code, as follows:
Sec. 801.102. New heading: EXECUTIVE DIRECTOR POWERS AND DUTIES. (a) Requires the executive director to perform any duties assigned by TBVME and other duties specified by law, administer and enforce TBVME's programs, and issue licenses regulated by TBVME. Deletes existing text providing that the executive director is responsible for safekeeping the money collected under Chapter 801 (Veterinarians) and properly disbursing the veterinary fund account established by this chapter.
(b) Authorizes the executive director to delegate any power or duty assigned to the executive director unless prohibited by law and issue emergency orders and cease and desist orders as provided by this chapter.
Makes a nonsubstantive change to this section.
SECTION 5. Amends Section 801.103, Occupations Code, as follows:
Sec. 801.103. PERSONNEL. Authorizes TBVME to employ personnel to administer this chapter and to prescribe their duties and compensation, subject to the personnel policies and budget approved by TBVME.
SECTION 6. Amends Subchapter D, Chapter 801, Occupations Code, by adding Section 801.150, as follows:
Sec. 801.150. GENERAL POWERS AND DUTIES OF BOARD. Requires TBVME to supervise the executive director's administration of this chapter, formulate policy objectives for TBVME, and approve TBVME's operating budget and requests for legislative appropriations.
SECTION 7. Amends Sections 801.151(a) and (b), Occupations Code, as follows:
(a) Requires, rather than authorizes, TBVME to adopt rules as necessary to administer this chapter.
(b) Requires, rather than authorizes, TBVME to adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the veterinary medicine profession.
SECTION 8. Amends Section 801.156, Occupations Code, as follows:
Sec. 801.156. New heading: DATA; PUBLIC ACCESS. (a) Requires TBVME to maintain an electronic system allowing it to provide accurate reporting of information relating to license holders and applicants, complaints, enforcement actions, investigations, and inspections. Deletes existing text requiring TBVME to maintain a record of each license holder's name, residence address, and business address.
(b) Requires TBVME to provide on its public-facing website a feature allowing users to verify a license holder's license status, determine whether the license holder is currently subject to disciplinary action, and review relevant disciplinary orders and data, updated at least quarterly, summarizing the number, type, and disposition of complaints received during the fiscal year.
Deletes text of existing Subsection (b) requiring a license holder to notify TBVME of a change of business address or employer not later than the 60th day after the date the change takes effect.
SECTION 9. Amends Section 801.157, Occupations Code, to add Subsection (c) to require TBVME to provide information on its website directing licensed veterinarians to approved peer assistance programs.
SECTION 10. Amends Sections 801.158(a) and (c), Occupations Code, as follows:
(a) Authorizes TBVME or the executive director to request and, if necessary, compel by subpoena certain actions.
(c) Requires that an action filed under this Section 801.158 (Subpoena) be filed in a district court in Travis County or any other county in which TDLR is authorized to hold a hearing. Deletes existing text providing that venue for an action brought under Subsection (b) (relating to authorizing TBVME to bring an action to enforce a subpoena issued under Subsection (a) against a person who fails to comply with the subpoena) is in a district court in Travis County or any county in which TBVME is authorized to hold a hearing.
SECTION 11. Amends Section 801.161, Occupations Code, as follows:
Sec. 801.161. USE OF TECHNOLOGY. (a) Creates this subsection from existing text and makes no further changes.
(b) Authorizes TBVME by rule to require an applicant or license holder to provide an e-mail address for purposes of receiving correspondence. Provides that an e-mail address provided under this section is confidential and is not subject to disclosure under Chapter 552 (Public Information), Government Code.
(c) Authorizes TBVME, notwithstanding any other law, by rule to provide that service of any notice, order, or pleading required under this chapter or under Chapter 2001 (Administrative Procedure), Government Code, is authorized to be made electronically to the e-mail address provided pursuant to Subsection (b).
SECTION 12. Amends Section 801.163(d), Occupations Code, to provide that, notwithstanding any other law, Chapter 2110 (State Agency Advisory Committees), Government Code, does not apply to an advisory committee appointed under Section 801.163 (Advisory Committees), and to delete existing text providing that, to the extent of any conflict with Chapter 2110, Government Code, this section and TBVME rules adopted under this section control.
SECTION 13. Amends Subchapter D, Chapter 801, Occupations Code, by adding Section 801.1631, as follows:
Sec. 801.1631. INSPECTIONS AND INVESTIGATIONS. (a) Authorizes TBVME to conduct inspections or investigations as necessary to enforce the laws administered by TBVME.
(b) Authorizes TBVME, to perform its functions under Subsection (a), during reasonable business hours, to enter a veterinary medical facility or other business premises of a person regulated by TBVME, or of a person suspected of being in violation of, or threatening to violate, a law administered by TBVME, or a rule or order of TBVME or the executive director, and examine and copy records pertinent to the inspection or investigation.
(c) Authorizes TBVME to take a disciplinary action authorized by this chapter for a violation identified during an inspection.
SECTION 14. Amends Section 801.164, Occupations Code, as follows:
Sec. 801.164. New heading: RISK-BASED INSPECTIONS. (a) Creates this subsection from existing text. Requires TBVME to prioritize inspections relating to key risk factors identified by TBVME, including previous violations by the license holder or information concerning a veterinarian's use, handling, prescribing, dispensing, or delivery of controlled substances. Deletes existing text authorizing TBVME to conduct a inspection of a veterinarian's practice based on information obtained from the veterinarian or another source concerning the veterinarian's use, handling, prescribing, dispensing, or delivery of controlled substances.
(b) Authorizes TBVME to use alternative inspection methods, including videoconference or similar technology, instead of conducting an in-person inspection in circumstances TBVME considers appropriate.
SECTION 15. Amends Subchapter D, Chapter 801, Occupations Code, by adding Section 801.165, as follows:
Sec. 801.165. REFUND. (a) Authorizes TBVME or the executive director, subject to Subsection (b), to order a license holder to pay a refund to a consumer as provided in an agreed settlement, default order, or TBVME order instead of or in addition to imposing an administrative penalty or sanction.
(b) Prohibits the amount of a refund ordered under this section from exceeding the amount the consumer paid to the license holder for a service regulated by TBVME and from requiring payment of other damages or estimate harm.
SECTION 16. Amends Subchapter D, Chapter 801, Occupations Code, by adding Section 801.166, as follows:
Sec. 801.166. RECIPROCITY AGREEMENTS. Authorizes TBVME, with approval of the governor, to enter into an agreement with another state to allow for licensing by reciprocity.
SECTION 17. Amends Section 801.205, Occupations Code, as follows:
Sec. 801.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. Requires TBVME to adopt rules relating to the investigation and disposition of complaints filed with TBVME. Deletes existing text requiring that the rules ensure that the person who filed the complaint has the opportunity to explain the allegations made in the complaint and prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for TBVME to obtain the services of a private investigator. Makes nonsubstantive changes.
SECTION 18. Amends Section 801.2051, Occupations Code, as follows:
Sec. 801.2051. PRIORITY OF COMPLAINTS. Requires TBVME to assign priorities and investigate complaints based on risk posed to the public by the conduct alleged in the complaint. Deletes existing text requiring TBVME to prioritize complaints to resolve the more serious complaints first.
SECTION 19. Amends Section 801.2052, Occupations Code, as follows:
Sec. 801.2052. DISMISSAL OF BASELESS OR UNFOUNDED COMPLAINT. (a) Requires TBVME, if TBVME determines at any time that an allegation or complaint submitted by a person is baseless, unfounded, or does not fall within TBVME's regulatory jurisdiction, to dismiss the complaint. Deletes existing text requiring TBVME, if before the 180th day after the date TBVME's official investigation of a complaint is commenced, TBVME determines in accordance with rules adopted under this section that a complaint filed with TBVME is baseless or unfounded, to dismiss the complaint and include a statement in the record of the complaint that the complaint was dismissed because the complaint was baseless or unfounded.
SECTION 20. Amends Section 801.2055, Occupations Code, to add Subsection (c-1) and amend Subsection (d), as follows:
(c-1) Authorizes TBVME to contract with a qualified individual to assist in reviewing or investigating complaints requiring medical expertise. Provides that, except for an act involving fraud, conspiracy, or malice, an individual with whom TBVME contracts under this subsection is immune from liability or from disciplinary action under this chapter and is prohibited from being subject to a suit for damages for any act arising from the performance of the individual's duties in participating in an informal conference to determine the facts of a complaint, offering an expert opinion or technical guidance on an alleged violation of this chapter or of a rule or order issued by TBVME or the executive director, testifying at a hearing regarding a complaint, or making an evaluation, report, or recommendation regarding a complaint.
(d) Prohibits a veterinarian TBVME member who reviews a complaint under Section 801.2055 (Complaints Requiring Medical Expertise) from deliberating or voting in, rather than participating in, any subsequent disciplinary proceeding related to the complaint.
SECTION 21. Amends Section 801.2056, Occupations Code, as follows:
Sec. 801.2056. COMPLAINTS NOT REQUIRING MEDICAL EXPERTISE. Requires TBVME to adopt rules relating to the evaluation and disposition of complaints not requiring medical expertise. Deletes existing text authorizing TBVME to delegate to a committee of TBVME staff (committee) the authority to dismiss or enter into an agreed settlement of a complaint that does not require medical expertise. Deletes existing text requiring that the disposition determined by the committee be approved by TBVME at a public meeting.
Deletes text of existing Subsection (b) requiring that a complaint delegated under this section be referred for informal proceedings under Section 801.408 in certain circumstances. Makes nonsubstantive changes.
SECTION 22. Amends Section 801.207, Occupations Code, as follows:
Sec. 801.207. New heading: CONFIDENTIALITY. (a) Provides that, except as otherwise provided by this section, a complaint and investigation concerning a person to whom this chapter applies, and all information and materials subpoenaed or compiled by TBVME in connection with the complaint and investigation, are confidential and not subject to disclosure under Chapter 552, Government Code or disclosure, discovery, subpoena, or other means of legal compulsion for their release to any person. Deletes existing text providing that, except as provided by Subsection (b), a TBVME record is a public record and is available for public inspection during normal business hours.
(b) Authorizes TBVME, notwithstanding Subsection (a), to disclose information regarding a complaint or investigation to certain entities. Deletes existing text providing that, except as provided by Subsection (b-1) (relating to requiring TBVME to provide to the license holder who is the subject of the complaint a copy of the record of any review conducted of a complaint requiring medical expertise), each complaint, investigation file and record, and other investigation report and all other investigative information in the possession of or received or gathered by TBVME or TBVME's employees or agents relating to a license holder, an application for license, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to anyone other than TBVME or TBVME's employees or agents involved in discipline of a license holder.
(b-1)-(e) Makes no changes to these subsections.
(f) Prohibits TBVME from being compelled to release or disclose complaint and investigation information or materials to a person listed in Subsection (b) if TBVME has not issued a notice of alleged violation related to the information or materials.
(g) Provides that notices of alleged violation and disciplinary orders, including warnings and reprimands, issued by the board are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.
(h) Authorizes TBVME, notwithstanding any other provision of this section, if an investigation would be jeopardized by the disclosure of information relating to a complaint or investigation, to temporarily withhold or otherwise refrain from disclosing to any person any information or materials that TBVME would otherwise be required to disclose.
SECTION 23. Amends Section 801.208(d), Occupations Code, to prohibit the notification to a complainant of the final disposition of the complaint from including any information that is confidential under Section 801.207, rather than Section 801.207(b).
SECTION 24. Reenacts Section 801.253, Occupations Code, as amended by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 9, and amends it, as follows:
(a) Deletes existing text requiring TBVME to conduct a licensing examination at a time and place TBVME determines is convenient for applicants.
(b) Requires TBVME to provide notice of a licensing examination on its internet website, rather than by publication in a newspaper or periodical.
Deletes text of existing Subsection (c) requiring TBVME to examine each qualified applicant who attends the examination. Makes a nonsubstantive change.
SECTION 25. Amends Section 801.406, Occupations Code, as follows:
Sec. 801.406. New heading: REINSTATEMENT AFTER CERTAIN FELONY CONVICTIONS. (a) Authorizes TBVME, if a person's license has been revoked by operation of law pursuant to Section 53.021(b) (relating to requiring that a license holder's license be revoked on the license holder's imprisonment), Occupations Code, upon imprisonment after a conviction of a felony under certain provisions of the Health and Safety Code, or by TBVME upon conviction of a license holder of an offense under Section 485.033 (Inhalant Paraphernalia), Health and Safety Code, or of any offense under certain provisions of that code, to reinstate or reissue the license only upon determining that reinstatement or reissuance of the license is in the best interest of the public and the person whose license has been revoked. Deletes existing text requiring TBVME, on conviction of a license holder of a felony under Section 485.033, Health and Safety Code, or certain provisions of that code, after conducting an administrative hearing in which the fact of conviction is determined, to impose a penalty as provided by Section 801.401 (Disciplinary Powers of Board). Deletes existing text requiring TBVME to set the amount of the penalty to match the seriousness of the conviction. Deletes existing text authorizing TBVME to reinstate or reissue a license suspended or revoked under this section only on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissuance of the license is in the best interests of the public and the person whose license has been suspended or revoked. Makes nonsubstantive changes.
SECTION 26. Amends Section 801.407(d), Occupations Code, as follows:
(d) Requires TBVME by rule to prescribe notice procedures for proceedings under Subchapter I (License Denial and Disciplinary Procedures). Deletes existing text authorizing TBVME to conduct deliberations relating to a disciplinary action during executive session. Deletes existing text requiring TBVME, at the conclusion of those deliberations, to vote and announce its decision to the license holder in open session.
SECTION 27. Amends Section 801.408, Occupations Code, as follows:
Sec. 801.408. INFORMAL PROCEEDINGS. (a) Makes no changes to this subsection.
(b) Requires that rules adopted under Subsection (a) (relating to requiring TBVME by rule to adopt procedures governing certain subjects) meet certain criteria, including requiring the presence of a member of TBVME's legal staff, rather than general counsel, or a representative of the attorney general during an informal proceeding to advise TBVME or TBVME's employees.
(c) Makes no changes to this subsection.
(d) Redesignates existing Subsection (f) as Subsection (d) and makes no further changes.
Deletes text of existing Subsection (d) authorizing a committee of TBVME staff to recommend enforcement action at an informal proceeding for a complaint that does not require medical expertise or may refer the complaint to the committee of TBVME members under Subsection (c) (relating to requiring a committee of two or more TBVME members and one or more public board members to be present at an informal proceeding for a complaint that requires medical expertise).
Deletes text of existing Subsection (e) authorizing TBVME, at an informal proceeding under this section, and on agreement with the license holder, to order the license holder to refund an amount not to exceed the amount a client paid to the license holder instead of or in addition to imposing an administrative penalty under this chapter. Deletes text of existing Subsection (e) prohibiting the board from requiring payment of other damages or estimate harm under this subsection.
SECTION 28. Amends Subchapter I, Chapter 801, Occupations Code, by adding Section 801.4011, as follows:
Sec 801.4011. DEFERRED ACTION. (a) Authorizes TBVME, for any action or complaint for which TBVME proposes to impose on a person a sanction other than a reprimand or a denial, suspension, or revocation of a license, to defer the final action TBVME has proposed if the person conforms to conditions imposed by TBVME, including any condition TBVME could impose as a condition of probation under Section 801.401, and if the person successfully meets the imposed conditions, dismiss the complaint.
(b) Provides that, except as provided by this subsection, a deferred action by TBVME is not confidential and is subject to disclosure in accordance with Chapter 552, Government Code. Provides that if the person successfully meets the conditions imposed by TBVME in deferring final action and TBVME dismisses the action or complaint, the deferred action of TBVME is confidential to the same extent as a complaint is confidential under Section 801.207.
SECTION 29. Amends Subchapter J, Chapter 801, Occupations Code, by adding Section 801.4521, as follows:
Sec. 801.4521. IMPOSITION OF SANCTION. Authorizes a proceeding under Subchapter J (Administrative Penalty) imposing an administrative penalty to be combined with a proceeding to impose an administrative sanction. Provides that, if a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter apply to the imposition of the sanction.
SECTION 30. Amends Section 801.453(a), Occupations Code, to make a conforming change.
SECTION 31. Amends Section 801.454, Occupations Code, as follows:
Sec. 801.454. New heading: PENALTY TO BE PAID OR HEARING REQUESTED. (a) Authorizes a person, not later than the 20th day after the date the person receives a notice of alleged violation, in writing, to perform certain actions, including accept TBVME's, rather than the committee's, determination and recommended administrative penalty. Makes a nonsubstantive change.
(b) Requires TBVME, if the person accepts TBVME's, rather than the committee's, determination and recommended penalty, to approve the determination and require the person to pay the recommended penalty. Deletes existing text authorizing TBVME, if the person accepts the committee's determination and recommended penalty, to approve the determination and impose the recommended penalty, modify the determination or recommended penalty, or reject the determination or recommended penalty.
SECTION 32. Amends Section 801.455, Occupations Code, as follows:
Sec. 801.455. New heading: HEARING. (a) Requires that, if a respondent requests a hearing pursuant to Section 801.407 (Right to Hearing), the hearing be conducted by the State Office of Administrative Hearings (SOAH). Deletes existing text requiring the executive director, if the person requests a hearing or fails to respond timely to the notice, to set a hearing and give notice of the hearing to the person.
(b) Requires SOAH to consider TBVME's applicable substantive rules and policies when conducting a hearing under this subchapter. Deletes existing text requiring that a hearing set by the executive director under Subsection (a) be held by an administrative law judge of SOAH.
(c) Requires the administrative law judge to perform certain actions, including promptly issuing to TBVME a proposal for a decision as to the occurrence of the violation, any recommended license sanction, and the amount of any proposed administrative penalty.
SECTION 33. Amends Section 801.456(a), Occupations Code, to authorize TBVME, based on the finings of fact, conclusions of law, and proposal for a decision under Section 801.455(c), by order to make certain determinations, including that a violation has occurred and impose a license sanction, administrative penalty, or both, and to make a nonsubstantive change.
SECTION 34. Amends Section 801.457(a), Occupations Code, to require a person, not later than the 30th day after the date TBVME's order becomes final, to perform certain actions, including paying the penalty and filing a petition for judicial review contesting the order, rather than contesting the fact of the violation, the amount of the penalty, or both, and to make a conforming change.
SECTION 35. Amends Section 801.502(b), Occupations Code, as follows:
(b) Provides that venue for an action brought under Section 801.502 (Injunctive Relief) is in a district court in Travis County. Deletes existing text providing that venue for an action under this section is in certain counties in certain circumstances.
SECTION 36. Amends Section 801.508, Occupations Code, as follows:
Sec. 801.508. CEASE AND DESIST ORDER. Authorizes TBVME or the executive director to issue a cease and desist order upon determining that it is necessary to prevent a violation of this chapter, or of a rule adopted or order issued by TBVME.
Deletes text of existing Subsection (a) authorizing TBVME, if it appears to TBVME that a person is engaging in an act or practice that constitutes the practice of veterinary medicine without a license or the practice of equine dentistry without a license under this chapter, after notice and opportunity for a hearing, to issue a cease and desist order prohibiting the person from engaging in the activity.
Deletes text of existing Subsection (b) providing that a violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter J.
SECTION 37. Amends Subchapter K, Chapter 801, Occupations Code, by adding Section 801.510, as follows:
Sec. 801.510. ISSUANCE OF EMERGENCY ORDERS. (a) Authorizes TBVME or the executive director, upon determining that an emergency exists requiring immediate action to protect the public health and safety, to issue an emergency order to suspend or revoke a license or other authorization issued under a program regulated by TBVME or halt operation of an unsafe veterinary medical facility.
(b) Authorizes TBVME or the executive director to issue an emergency order with or without notice and hearing. Requires TBVME, if an emergency order is issued under this section without a hearing, to set the time and place for a hearing conducted by SOAH to affirm, modify, or set aside the emergency order not later than the 17th day after the date the order was issued. Requires that the order be affirmed to the extent that reasonable cause existed to issue the order.
(c) Provides that a proceeding under this section is a contested case under Chapter 2001, Government Code.
SECTION 38. Amends Chapter 801, Occupations Code, by designating Sections 801.601 through 801.604 as Subchapter M and adding a subchapter heading, as follows:
SUBCHAPTER M. VETERINARY MEDICAL FACILITIES
Sec. 801.601. REGISTRATION OF VETERINARY MEDICAL FACILITIES REQUIRED. (a) Requires that veterinary medicine be practiced only in or from a veterinary medical facility that is registered with TBVME or that is exempted by rule from the registration requirement. Requires that every individual facility, unless exempted by this section or by TBVME rule adopted pursuant to this section, be registered with TBVME.
(b) Provides that Subsection (a) does not apply to a facility maintained or operated by the federal government.
(c) Provides that a mobile facility affiliated with a registered veterinary medical facility is exempt from separate registration if identified in the application for registration filed pursuant to this subchapter.
(c) Authorizes TBVME to by rule provide exemptions to the registration requirement for facilities if it determines that imposing or enforcing the requirement is not cost-effective for the board, is not feasible with current resources or standards, or will not substantially benefit or protect consumers.
Sec. 801.602. REGISTRATION ELIGIBILITY AND APPLICATION. (a) Requires a business entity providing services at a veterinary medical facility, to register the facility, to submit the application provided by TBVME and pay the applicable fee established by TBVME pursuant to Section 801.154 (Fees). Requires that the application be signed by a person with authority to act on behalf of the entity.
(b) Requires the facility, in its application for registration, to indicate the type of business entity that provides services at the facility and provide information regarding the owners, partners, and operators of the entity as required by TBVME rule, and provide the names and license or registration numbers of all persons who provide services at the facility and are regulated by TBVME.
(c) Requires that an application under this section require the facility to designate a medical director. Requires the designated medical director to be licensed by TBVME as a veterinarian and remain in good standing, regularly practice veterinary medicine at or from the facility, co-sign the application for registration, and agree to accept all correspondence from TBVME on behalf of the facility.
(d) Requires a veterinary medical facility whose designated medical director ceases to be affiliated with the facility to designate a new medical director within 30 days of the change.
(e) Requires that the term of a registration issued under this section and the process for renewal of a registration be provided by TBVME rule.
Sec. 801.603. STANDARDS FOR OPERATION OF VETERINARY MEDICAL FACILITIES. Requires TBVME to adopt and enforce rules relating to standards of operation of veterinary medical facilities. Requires that the rules include standards regarding safety and sanitation, storage and security of pharmaceuticals and controlled substances, patient care, retention of documentation, including medical records, controlled substance logs, and employment records, and compliance with other state laws related to health and safety.
Sec 801.604. SANCTIONS AND ADMINISTRATIVE PENALTIES. Requires the owner or owners of a business entity that provides services at a veterinary medical facility to be subject to administrative penalties, license sanctions, or both, if the facility does not hold a current registration, the facility violates a standard adopted pursuant to Section 801.603, facility personnel deny access to TBVME or its agents to conduct an inspection or investigation, or the facility fails to comply with a TBVME order.
SECTION 39. Repealers: Sections 801.206 (Disposition of Complaint) and 801.459 (Determination by Court), Occupations Code.
Repealers: Sections 801.307(a-1) (relating to requiring TBVME to require a veterinarian to complete two hours of continuing education relating to opioid abuse every two years to renew a license to practice veterinary medicine) as added by Acts 2019, 86th Leg., R.S., Ch. 449 (S.B. 1947), Sec. 2, and 801.253(a) (relating to requiring TBVME to conduct licensing examinations at least twice each year as provided by TBVME rule) as amended by Acts 2011, 82nd Leg., R.S., Ch. 411 (S.B. 811), Sec. 3, Occupations Code.
Repealers: Sections 801.461 (Administrative Procedure) and 801.505 (Board Member or Employee; Fine), Occupations Code.
SECTION 40. Requires TBVME, as soon as practicable after the effective date of this Act, to adopt the rules and procedures necessary to implement the provisions of this Act other than those contained in Subchapter M, Chapter 801, Occupations Code, as added by this Act.
SECTION 41. Requires TBVME, no later than March 1, 2027, to adopt the rules and procedures necessary to implement the provisions contained in Subchapter M, Chapter 801, Occupations Code, as added by this Act.
SECTION 42. Requires a veterinary medical facility to register with TBVME not later than September 1, 2027.
SECTION 43. (a) Effective date, except as provided by Subsection (b) of this section: September 1, 2025.
(b) Effective date, Subchapter M, Chapter 801, Occupations Code, as added by this Act: September 1, 2026.