Texas 2025 - 89th Regular

Texas Senate Bill SB2155 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry S.B. No. 2155
2		-
3		-
	2	+	(In the Senate - Filed March 10, 2025; March 24, 2025, read
	3	+	first time and referred to Committee on Water, Agriculture and
	4	+	Rural Affairs; March 31, 2025, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; March 31, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the regulation of veterinary professionals and
9	12		facilities by the State Board of Veterinary Medical Examiners and
10	13		the temporary administration of the board by the Department of
11	14		Licensing and Regulation.
12	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 801.002, Occupations Code, is amended by
14		-	~~adding Subdivisions~~ (6-b~~) and (6-c~~) to read as follows:
	16	+	SECTION 1. Section 801.002, Occupations Code, is amended to
	17	+	add Subsection (6-b) to read as follows:
15	18		(6-b) "Veterinary medical facility" means a location,
16	19		including a building, portion of a building, or vehicle, in which
17	20		the practice of veterinary medicine normally takes place or is
18	21		provided.
19		-	(6-c) "Management services organization" means a
20		-	business entity that provides management services to a veterinary
21		-	medical facility, as defined by board rule.
22	22		SECTION 2. Sections 801.023(a) and (b), Occupations Code,
23	23		are amended to read as follows:
24	24		(a) The executive director of the department shall direct
25	25		and may dismiss the board's executive director [of the board], and
26	26		has authority relating to personnel actions as if the board's
27	27		executive director were an employee of the department. The
28	28		presiding officer of the commission shall appoint a replacement
29	29		executive director of the board if necessary.
30	30		(b) Subject to Subsection (a), the executive director of the
31	31		board is responsible for the administration of licensing,
32	32		enforcement, financial services, human resources, and workforce
33	33		development duties of the board, including:
34	34		(1) accounts payable and accounts receivable;
35	35		(2) budgeting, inventory, and asset management;
36	36		(3) payroll;
37	37		(4) personnel and labor issues;
38	38		(5) purchasing;
39	39		(6) recruitment, evaluation, selection, training, and
40	40		promotion of personnel;
41	41		(7) submitting required reports regarding finances,
42	42		performance measures, strategic planning, legislative
43	43		appropriations requests, operating budgets, and similar
44	44		information as required by law;
45	45		(8) legal support services, including responding to
46	46		requests for public information; and
47	47		(9) information technology and support.
48	48		SECTION 3. Section 801.101, Occupations Code, is amended to
49	49		read as follows:
50	50		Sec. 801.101. EXECUTIVE DIRECTOR. The board shall appoint
51	51		[may employ] an executive director. The executive director serves
52	52		at the will of the board.
53	53		SECTION 4. Section 801.102, Occupations Code, is amended to
54	54		read as follows:
55	55		Sec. 801.102. [CERTAIN DUTIES OF] EXECUTIVE DIRECTOR POWERS
56	56		AND DUTIES. (a) The executive director shall [is responsible for]:
57	57		(1) perform any duties assigned by the board and other
58	58		duties specified by law;
59	59		(2) administer and enforce the board's programs; and
60	60		(3) issue licenses regulated by the board.
61	61		[(1) safekeeping the money collected under this
62	62		chapter; and
63	63		(2) properly disbursing the veterinary fund account
64	64		established by this chapter.]
65	65		(b) The executive director may:
66	66		(1) delegate any power or duty assigned to the
67	67		executive director unless prohibited by law; and
68	68		(2) issue emergency orders and cease and desist orders
69	69		as provided by this chapter.
	70	+	[(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec.
	71	+	31(39).]
70	72		SECTION 5. Section 801.103, Occupations Code, is amended to
71	73		read as follows:
72	74		Sec. 801.103. PERSONNEL. The board may employ personnel to
73	75		administer this chapter and may prescribe their duties and
74	76		compensation, subject to the personnel policies and budget approved
75	77		by the board.
76	78		SECTION 6. Subchapter D, Chapter 801, Occupations Code, is
77	79		amended by adding Section 801.150 to read as follows:
78	80		Sec. 801.150. GENERAL POWERS AND DUTIES OF BOARD. The board
79	81		shall:
80	82		(1) supervise the executive director's administration
81	83		of this chapter;
82	84		(2) formulate policy objectives for the board; and
83	85		(3) approve the board's operating budget and requests
84	86		for legislative appropriations.
85	87		SECTION 7. Sections 801.151(a) and (b), Occupations Code,
86	88		are amended to read as follows:
87	89		(a) The board shall [may] adopt rules as necessary to
88	90		administer this chapter.
89	91		(b) The board shall [may] adopt rules of professional
90	92		conduct appropriate to establish and maintain a high standard of
91	93		integrity, skills, and practice in the veterinary medicine
92	94		profession.
93	95		SECTION 8. Section 801.156, Occupations Code, is amended to
94	96		read as follows:
95	97		Sec. 801.156. DATA; PUBLIC ACCESS [REGISTRY]. (a) The
96	98		board shall maintain an electronic system allowing it to provide
97	99		accurate reporting of information relating to license holders and
98	100		applicants, complaints, enforcement actions, investigations, and
99	101		inspections [a record of each license holder's:
100	102		[(1) name;
101	103		[(2) residence address; and
102	104		[(3) business address].
103	105		(b) The board shall provide on its public-facing website:
104	106		(1) a feature allowing users to verify a license
105	107		holder's license status, determine whether the license holder is
106	108		currently subject to disciplinary action, and review relevant
107	109		disciplinary orders; and
108	110		(2) data, updated at least quarterly, summarizing the
109	111		number, type, and disposition of complaints received during the
110	112		fiscal year.
111	113		[(b) A license holder shall notify the board of a change of
112	114		business address or employer not later than the 60th day after the
113	115		date the change takes effect.]
114		-	SECTION 9. Section 801.157, Occupations Code, is amended by
115		-	~~adding~~ Subsection (c) to read as follows:
	116	+	SECTION 9. Section 801.157, Occupations Code, is amended to
	117	+	add Subsection (c) to read as follows:
116	118		(c) The board shall provide information on its website
117	119		directing licensed veterinarians to approved peer assistance
118	120		programs.
119		-	SECTION 10. ~~Section~~ 801.158(a), Occupations Code, is
120		-	amended to read as follows:
	121	+	SECTION 10. Sections 801.158(a) and (c), Occupations Code,
	122	+	are amended to read as follows:
121	123		(a) The board or executive director may request and, if
122	124		necessary, compel by subpoena:
123	125		(1) the attendance of witnesses for examination under
124	126		oath; and
125	127		(2) the production for inspection or copying of books,
126	128		accounts, records, papers, correspondence, documents, and other
127	129		evidence relevant to an investigation of an alleged violation of
128	130		this chapter.
	131	+	(c) An action filed under this section must be filed in a
	132	+	district court in Travis County or any other county in which the
	133	+	department may hold a hearing. [Venue for an action brought under
	134	+	Subsection (b) is in a district court in:
	135	+	[(1) Travis County; or
	136	+	[(2) any county in which the board may hold a hearing.]
129	137		SECTION 11. Section 801.161, Occupations Code, is amended
130	138		to read as follows:
131	139		Sec. 801.161. USE OF TECHNOLOGY. (a) The board shall
132	140		implement a policy requiring the board to use appropriate
133	141		technological solutions to improve the board's ability to perform
134	142		its functions. The policy must ensure that the public is able to
135	143		interact with the board on the Internet.
136	144		(b) The board may by rule require an applicant or license
137	145		holder to provide an e-mail address for purposes of receiving
138	146		correspondence. An e-mail address provided under this section is
139	147		confidential and is not subject to disclosure under Chapter 552,
140	148		Government Code.
141	149		(c) Notwithstanding any other law, the board may by rule
142	150		provide that service of any notice, order, or pleading required
143	151		under this chapter or under Chapter 2001, Government Code, may be
144	152		made electronically to the e-mail address provided pursuant to
145	153		Subsection (b).
146	154		SECTION 12. Section 801.163(d), Occupations Code, is
147	155		amended to read as follows:
148	156		(d) Notwithstanding any other law, [To the extent of any
149	157		conflict with] Chapter 2110, Government Code, does not apply to an
150	158		advisory committee appointed under this section [and board rules
151	159		adopted under this section control].
152	160		SECTION 13. Subchapter D, Chapter 801, Occupations Code, is
153	161		amended by adding Section 801.1631 to read as follows:
154	162		Sec. 801.1631. INSPECTIONS AND INVESTIGATIONS. (a) The
155	163		board may conduct inspections or investigations as necessary to
156	164		enforce the laws administered by the board.
157	165		(b) To perform its functions under Subsection (a), the board
158	166		may, during reasonable business hours:
159	167		(1) enter a veterinary medical facility or other
160	168		business premises of a person regulated by the board, or of a person
161	169		suspected of being in violation of, or threatening to violate, a law
162	170		administered by the board, or a rule or order of the board or
163	171		executive director; and
164	172		(2) examine and copy records pertinent to the
165	173		inspection or investigation.
166	174		(c) The board may take a disciplinary action authorized by
167	175		this chapter for a violation identified during an inspection.
168	176		SECTION 14. Section 801.164, Occupations Code, is amended
169	177		to read as follows:
170	178		Sec. 801.164. RISK-BASED INSPECTIONS [RELATED TO
171	179		CONTROLLED SUBSTANCES PRACTICES]. (a) The board shall [may conduct
172	180		a risk-based inspection] prioritize inspections relating to key
173	181		risk factors identified by the board, including previous violations
174	182		by the license holder or [of a veterinarian's practice based on]
175	183		information [obtained from the veterinarian or another source]
176	184		concerning a [the] veterinarian's use, handling, prescribing,
177	185		dispensing, or delivery of controlled substances.
178	186		(b) The board may use alternative inspection methods,
179	187		including videoconference or similar technology, instead of
180	188		conducting an in-person inspection in circumstances the board
181	189		considers appropriate.
182	190		SECTION 15. Subchapter D, Chapter 801, Occupations Code, is
183	191		amended by adding Section 801.165 to read as follows:
184		-	Sec. 801.165. REFUND. (a) Subject to Subsection (b), if
185		-	the board finds that the license holder has committed an act that is
186		-	grounds for license denial or disciplinary action under Section
187		-	801.402, the board or executive director may order a license holder
188		-	to pay a refund to a consumer as provided in an agreed settlement,
189		-	default order, or board order instead of or in addition to imposing
190		-	an administrative penalty or sanction.
	192	+	Sec. 801.165. REFUND. (a) Subject to Subsection (b), the
	193	+	board or executive director may order a license holder to pay a
	194	+	refund to a consumer as provided in an agreed settlement, default
	195	+	order, or board order instead of or in addition to imposing an
	196	+	administrative penalty or sanction.
191	197		(b) The amount of a refund ordered under this section may
192	198		not exceed the amount the consumer paid to the license holder for a
193	199		service regulated by the board, and may not require payment of other
194	200		damages or estimate harm.
195		-	(c) This section does not grant the board jurisdiction over
196		-	a complaint based solely on the cost of a veterinary service.
197	201		SECTION 16. Subchapter D, Chapter 801, Occupations Code, is
198	202		amended by adding Section 801.166 to read as follows:
199	203		Sec. 801.166. RECIPROCITY AGREEMENTS. The board, with
200	204		approval of the governor, may enter into an agreement with another
201	205		state to allow for licensing by reciprocity.
202	206		SECTION 17. Section 801.205, Occupations Code, is amended
203	207		to read as follows:
204	208		Sec. 801.205. GENERAL RULES REGARDING COMPLAINT
205	209		INVESTIGATION AND DISPOSITION. The board shall adopt rules
206	210		relating to the investigation and disposition of complaints filed
207	211		with the board. The rules must:
208	212		(1) distinguish between categories of complaints;
209	213		(2) ensure that complaints are not dismissed without
210	214		appropriate consideration; and
211	215		(3) require that the board be advised of a complaint
212	216		that is dismissed. [;
213	217		[(4) ensure that the person who filed the complaint
214	218		has the opportunity to explain the allegations made in the
215	219		complaint; and
216	220		[(5) prescribe guidelines concerning the categories
217	221		of complaints that require the use of a private investigator and the
218	222		procedures for the board to obtain the services of a private
219	223		investigator.]
220	224		SECTION 18. Section 801.2051, Occupations Code, is amended
221	225		to read as follows:
222	226		Sec. 801.2051. PRIORITY OF COMPLAINTS. The board shall
223	227		assign priorities and investigate complaints based on risk posed to
224		-	the public by the conduct alleged in the complaint. The board shall
225		-	prioritize complaints regarding persons engaged in the practice of
226		-	veterinary medicine without a license [to resolve the more serious
227		-	complaints first].
	228	+	the public by the conduct alleged in the complaint. [The board shall
	229	+	prioritize complaints to resolve the more serious complaints
	230	+	first.]
228	231		SECTION 19. Section 801.2052, Occupations Code, is amended
229	232		to read as follows:
230	233		Sec. 801.2052. DISMISSAL OF BASELESS OR UNFOUNDED
231	234		COMPLAINT. (a) If the board determines at any time that an
232	235		allegation or complaint submitted by a person is baseless,
233	236		unfounded, or does not fall within the board's regulatory
234	237		jurisdiction, the board shall dismiss the complaint. [If, before
235	238		the 180th day after the date the board's official investigation of a
236	239		complaint is commenced, the board determines in accordance with
237	240		rules adopted under this section that a complaint filed with the
238	241		board is baseless or unfounded, the board shall:
239	242		[(1) dismiss the complaint; and
240	243		[(2) include a statement in the record of the
241	244		complaint that the complaint was dismissed because the complaint
242	245		was baseless or unfounded.]
243	246		(b) The board shall adopt rules to implement this section
244	247		and establish criteria for determining that a complaint is baseless
245	248		or unfounded.
246	249		SECTION 20. Section 801.2055, Occupations Code, is amended
247		-	by adding Subsection (c-1) and amending Subsection (d) to read as
248		-	follows:
	250	+	to add Subsection (c-1) and to amend Subsection (d) as follows:
249	251		(c-1) The board may contract with a qualified individual to
250	252		assist in reviewing or investigating complaints requiring medical
251	253		expertise. Except for an act involving fraud, conspiracy, or
252	254		malice, an individual with whom the board contracts under this
253	255		subsection is immune from liability or from disciplinary action
254	256		under this chapter and may not be subject to a suit for damages for
255	257		any act arising from the performance of the individual's duties in:
256	258		(1) participating in an informal conference to
257	259		determine the facts of a complaint;
258	260		(2) offering an expert opinion or technical guidance
259	261		on an alleged violation of this chapter or of a rule or order issued
260	262		by the board or executive director;
261	263		(3) testifying at a hearing regarding a complaint; or
262	264		(4) making an evaluation, report, or recommendation
263	265		regarding a complaint.
264	266		(d) A veterinarian board member who reviews a complaint
265	267		under this section may not [participate in] deliberate or vote in
266	268		any subsequent disciplinary proceeding related to the complaint.
267	269		SECTION 21. Section 801.2056, Occupations Code, is amended
268	270		to read as follows:
269	271		Sec. 801.2056. COMPLAINTS NOT REQUIRING MEDICAL EXPERTISE.
270	272		[(a)] The board shall adopt rules relating to the evaluation and
271	273		disposition of complaints not requiring medical expertise. [The
272	274		board may delegate to a committee of board staff the authority to
273	275		dismiss or enter into an agreed settlement of a complaint that does
274	276		not require medical expertise. The disposition determined by the
275	277		committee must be approved by the board at a public meeting.
276	278		[(b) A complaint delegated under this section shall be
277	279		referred for informal proceedings under Section 801.408 if:
278	280		[(1) the committee determines that the complaint
279	281		should not be dismissed or settled;
280	282		[(2) the committee is unable to reach an agreed
281	283		settlement; or
282	284		[(3) the license holder who is the subject of the
283	285		complaint requests that the complaint be referred for informal
284	286		proceedings.]
285	287		SECTION 22. Section 801.207, Occupations Code, is amended
286	288		to read as follows:
287	289		Sec. 801.207. CONFIDENTIALITY [PUBLIC RECORD; EXCEPTION].
288	290		(a) Except as otherwise provided by this section, a complaint and
289	291		investigation concerning a person to whom this chapter applies, and
290	292		all information and materials subpoenaed or compiled by the board
291	293		in connection with the complaint and investigation, are
292	294		confidential and not subject to:
293	295		(1) disclosure under Chapter 552, Government Code; or
294	296		(2) disclosure, discovery, subpoena, or other means of
295	297		legal compulsion for their release to any person. [Except as
296	298		provided by Subsection (b), a board record is a public record and is
297	299		available for public inspection during normal business hours.]
298	300		(b) Notwithstanding Subsection (a), the board may disclose
299	301		information regarding a complaint or investigation to:
300	302		(1) a person providing testimony or review on the
301	303		board's behalf in a disciplinary proceeding;
302	304		(2) a respondent or the respondent's authorized
303	305		representative;
304	306		(3) a professional licensing, credentialing, or
305	307		disciplinary entity;
306	308		(4) a peer assistance program approved by the board
307	309		pursuant to Section 801.157;
308	310		(5) a law enforcement agency; or
309	311		(6) a person engaged in bona fide research, if all
310	312		individual-identifying information has been deleted. [Except as
311	313		provided by Subsection (b-1), each complaint, investigation file
312	314		and record, and other investigation report and all other
313	315		investigative information in the possession of or received or
314	316		gathered by the board or the board's employees or agents relating to
315	317		a license holder, an application for license, or a criminal
316	318		investigation or proceeding is privileged and confidential and is
317	319		not subject to discovery, subpoena, or other means of legal
318	320		compulsion for release to anyone other than the board or the board's
319	321		employees or agents involved in discipline of a license holder.]
320	322		(b-1) Not later than the 14th day before the date of an
321	323		informal proceeding under Section 801.408, the board shall provide
322	324		to the license holder who is the subject of the complaint a copy of
323	325		the record of any review conducted under Section 801.2055 of a
324	326		complaint requiring medical expertise. The board shall redact the
325	327		name of each veterinarian who conducted the review.
326	328		(c) Except as provided by Subsection (b-1), the board shall
327	329		protect the identity of a complainant to the extent possible.
328	330		(d) Not later than the 30th day after the date of receipt of
329	331		a written request from a license holder who is the subject of a
330	332		formal complaint initiated and filed under this subchapter or from
331	333		the license holder's counsel of record, and subject to any other
332	334		privilege or restriction set forth by rule, statute, or legal
333	335		precedent, and unless good cause is shown for delay, the board shall
334	336		provide the license holder with access to all information in its
335	337		possession that the board intends to offer into evidence in
336	338		presenting its case in chief at the contested hearing on the
337	339		complaint. The board is not required to provide:
338	340		(1) a board investigative report or memorandum;
339	341		(2) the identity of a nontestifying complainant; or
340	342		(3) attorney-client communications, attorney work
341	343		product, or other materials covered by a privilege recognized by
342	344		the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
343	345		(e) Furnishing information under Subsection (d) does not
344	346		constitute a waiver of privilege or confidentiality under this
345	347		chapter or other applicable law.
346	348		(f) The board may not be compelled to release or disclose
347	349		complaint and investigation information or materials to a person
348	350		listed in Subsection (b) if the board has not issued a notice of
349	351		alleged violation related to the information or materials.
350	352		(g) Notices of alleged violation and disciplinary orders,
351	353		including warnings and reprimands, issued by the board are not
352	354		confidential and are subject to disclosure in accordance with
353	355		Chapter 552, Government Code.
354	356		(h) Notwithstanding any other provision of this section, if
355	357		an investigation would be jeopardized by the disclosure of
356	358		information relating to a complaint or investigation, the board may
357	359		temporarily withhold or otherwise refrain from disclosing to any
358	360		person any information or materials that the board would otherwise
359	361		be required to disclose.
360	362		SECTION 23. Section 801.208(d), Occupations Code, is
361	363		amended to read as follows:
362	364		(d) The notification may not include information that is
363	365		confidential under Section 801.207[(b)].
364	366		SECTION 24. Section 801.253, Occupations Code, as amended
365	367		by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 9, is
366	368		reenacted and amended to read as follows:
367	369		(a) The board shall conduct licensing examinations for
368	370		veterinarians as provided by board rule. [The board shall conduct
369	371		the examination at a time and place the board determines is
370	372		convenient for applicants.]
371	373		(b) The board shall provide notice of a licensing
372	374		examination on its internet website [by publication in a newspaper
373	375		or periodical.
374	376		[(c) The board shall examine each qualified applicant who
375	377		attends the examination].
376	378		SECTION 25. Section 801.406, Occupations Code, is amended
377	379		to read as follows:
378	380		Sec. 801.406. REINSTATEMENT AFTER [REQUIRED DISCIPLINARY
379	381		ACTION FOR] CERTAIN FELONY CONVICTIONS. (a) If a person's license
380	382		has been revoked:
381	383		(1) by operation of law pursuant to Section 53.021(b),
382	384		Occupations Code, upon imprisonment after a conviction of a felony
383	385		under Chapter 481 or 483 of the Health and Safety Code; or
384	386		(2) by the board upon conviction of a license holder of
385	387		an offense under Section 485.033, Health and Safety Code, or of any
386		-	offense under Chapter 481 or 483 of that code, [On conviction of a
387		-	license holder of a felony under Section 485.033, Health and Safety
388		-	Code, or Chapter 481 or 483 of that code, the board shall, after
389		-	conducting an administrative hearing in which the fact of
390		-	conviction is determined, impose a penalty as provided by Section
391		-	801.401. The board shall set the amount of the penalty to match the
392		-	seriousness of the conviction.
	388	+	offense under Chapter 481 or 483 of that code,
	389	+	[On conviction of a license holder of a felony under Section
	390	+	485.033, Health and Safety Code, or Chapter 481 or 483 of that code,
	391	+	the board shall, after conducting an administrative hearing in
	392	+	which the fact of conviction is determined, impose a penalty as
	393	+	provided by Section 801.401. The board shall set the amount of the
	394	+	penalty to match the seriousness of the conviction.
	395	+	[(b) Repealed by Acts 2005, 79th Leg., Ch. 27, Sec. 27(2),
	396	+	eff. September 1, 2005.
393	397		[(c) The] the board may reinstate or reissue the [a] license
394	398		[suspended or revoked under this section] only upon determining [on
395	399		an express determination based on substantial evidence contained in
396	400		an investigative report indicating] that reinstatement or
397	401		reissuance of the license is in the best interests of [:
398	402		[(1)] the public[;] and
399	403		[(2)] the person whose license has been [suspended or]
400	404		revoked.
401	405		SECTION 26. Section 801.407(d), Occupations Code, is
402	406		amended to read as follows:
403	407		(d) The board shall by rule prescribe notice procedures for
404	408		proceedings under this subchapter [The board may conduct
405	409		deliberations relating to a disciplinary action during executive
406	410		session. At the conclusion of those deliberations, the board shall
407	411		vote and announce its decision to the license holder in open
408	412		session].
409	413		SECTION 27. Section 801.408, Occupations Code, is amended
410	414		to read as follows:
411	415		Sec. 801.408. INFORMAL PROCEEDINGS. (a) The board by rule
412	416		shall adopt procedures governing:
413	417		(1) informal disposition of a contested case under
414	418		Section 2001.056, Government Code; and
415	419		(2) an informal proceeding held in compliance with
416	420		Section 2001.054, Government Code.
417	421		(b) Rules adopted under Subsection (a) must:
418	422		(1) provide the complainant and the license holder an
419	423		opportunity to be heard; and
420	424		(2) require the presence of a member of the board's
421	425		legal staff [general counsel] or a representative of the attorney
422	426		general during an informal proceeding to advise the board or the
423	427		board's employees.
424	428		(c) A committee of two or more veterinarian board members
425	429		and one or more public board members must be present at an informal
426	430		proceeding for a complaint that requires medical expertise. The
427	431		committee shall recommend enforcement action at the informal
428	432		proceeding.
429	433		[(d) A committee of board staff may recommend enforcement
430	434		action at an informal proceeding for a complaint that does not
431	435		require medical expertise or may refer the complaint to the
432	436		committee of board members under Subsection (c).
433	437		[(e) At an informal proceeding under this section, and on
434	438		agreement with the license holder, the board may order the license
435	439		holder to refund an amount not to exceed the amount a client paid to
436	440		the license holder instead of or in addition to imposing an
437	441		administrative penalty under this chapter. The board may not
438	442		require payment of other damages or estimate harm under this
439	443		subsection.]
440	444		(d) [(f)] Before an informal disposition is effective, the
441	445		board must review and approve at a public meeting an informal
442	446		disposition of the complaint recommended by board members or board
443	447		staff.
444	448		SECTION 28. Subchapter I, Chapter 801, Occupations Code, is
445	449		amended by adding Section 801.4011 to read as follows:
446	450		Sec. 801.4011. DEFERRED ACTION. (a) For any action or
447	451		complaint for which the board proposes to impose on a person a
448	452		sanction other than a reprimand or a denial, suspension, or
449	453		revocation of a license, the board may:
450	454		(1) defer the final action the board has proposed if
451	455		the person conforms to conditions imposed by the board, including
452	456		any condition the board could impose as a condition of probation
453	457		under Section 801.401; and
454	458		(2) if the person successfully meets the imposed
455	459		conditions, dismiss the complaint.
456	460		(b) Except as provided by this subsection, a deferred action
457	461		by the board is not confidential and is subject to disclosure in
458	462		accordance with Chapter 552, Government Code. If the person
459	463		successfully meets the conditions imposed by the board in deferring
460	464		final action and the board dismisses the action or complaint, the
461	465		deferred action of the board is confidential to the same extent as a
462	466		complaint is confidential under Section 801.207.
463	467		SECTION 29. Subchapter J, Chapter 801, Occupations Code, is
464	468		amended by adding Section 801.4521 to read as follows:
465	469		Sec. 801.4521. IMPOSITION OF SANCTION. A proceeding under
466	470		this subchapter imposing an administrative penalty may be combined
467	471		with a proceeding to impose an administrative sanction. If a
468	472		sanction is imposed in a proceeding under this subchapter, the
469	473		requirements of this subchapter apply to the imposition of the
470	474		sanction.
471	475		SECTION 30. Section 801.453(a), Occupations Code, is
472	476		amended to read as follows:
473	477		(a) On a determination by a committee described by Section
474	478		801.408(c) [or (d)] that a violation of this chapter or a rule
475	479		adopted or order issued under this chapter occurred, the committee
476	480		may issue a report to the board stating:
477	481		(1) the facts on which the determination is based; and
478	482		(2) the committee's recommendation on the imposition
479	483		of an administrative penalty, including a recommendation on the
480	484		amount of the penalty.
481	485		SECTION 31. Section 801.454, Occupations Code, is amended
482	486		to read as follows:
483	487		Sec. 801.454. PENALTY TO BE PAID OR HEARING REQUESTED [ON
484	488		COMMITTEE'S RECOMMENDATIONS]. (a) Not later than the 20th day
485	489		after the date a person receives a [the] notice of alleged
486	490		violation, the person may in writing:
487	491		(1) accept the board's [committee's] determination and
488	492		recommended administrative penalty; or
489	493		(2) request a hearing on the occurrence of the
490	494		violation, the amount of the penalty, or both.
491	495		(b) If the person accepts the board's [committee's]
492	496		determination and recommended penalty, the board by order shall
493	497		approve the determination and require the person to pay the
494	498		recommended penalty [may:
495	499		[(1) approve the determination and impose the
496	500		recommended penalty;
497	501		[(2) modify the determination or recommended penalty;
498	502		or
499	503		[(3) reject the determination or recommended
500	504		penalty].
501	505		SECTION 32. Section 801.455, Occupations Code, is amended
502	506		to read as follows:
503	507		Sec. 801.455. HEARING [ON COMMITTEE'S RECOMMENDATIONS].
504	508		(a) If a respondent requests a hearing pursuant to Section 801.407,
505	509		the hearing shall be conducted by the State Office of
506	510		Administrative Hearings [If the person requests a hearing or fails
507	511		to respond timely to the notice, the executive director shall set a
508	512		hearing and give notice of the hearing to the person].
509	513		(b) The State Office of Administrative Hearings shall
510	514		consider the board's applicable substantive rules and policies when
511	515		conducting a hearing under this subchapter [A hearing set by the
512	516		executive director under Subsection (a) shall be held by an
513	517		administrative law judge of the State Office of Administrative
514	518		Hearings].
515	519		(c) The administrative law judge shall:
516	520		(1) make findings of fact and conclusions of law; and
517	521		(2) promptly issue to the board a proposal for a
518	522		decision as to the occurrence of the violation, any recommended
519	523		license sanction, and the amount of any proposed administrative
520	524		penalty.
521	525		SECTION 33. Section 801.456(a), Occupations Code, is
522	526		amended to read as follows:
523	527		(a) Based on the findings of fact, conclusions of law, and
524	528		proposal for a decision under Section 801.455(c), the board by
525	529		order may determine that:
526	530		(1) a violation has occurred and impose a license
527	531		sanction, [an] administrative penalty, or both; or
528	532		(2) a violation did not occur.
529	533		SECTION 34. Section 801.457(a), Occupations Code, is
530	534		amended to read as follows:
531	535		(a) Not later than the 30th day after the date the board's
532	536		order becomes final, the person shall:
533	537		(1) pay the administrative penalty;
534	538		(2) pay the penalty and file a petition for judicial
535	539		review contesting the order [fact of the violation, the amount of
536	540		the penalty, or both]; or
537	541		(3) without paying the penalty, file a petition for
538	542		judicial review contesting the order [fact of the violation, the
539	543		amount of the penalty, or both].
540		-	SECTION 35. Section 801.508, Occupations Code, is amended
	544	+	SECTION 35. Section 801.502(b), Occupations Code, is
	545	+	amended to read as follows:
	546	+	(b) Venue for an action brought under this section is in a
	547	+	district court in Travis County [Venue for an action under this
	548	+	section is in:
	549	+	[(1) the county in which the person against whom the
	550	+	action is brought resides, if the person is an individual who
	551	+	resides in this state;
	552	+	[(2) the county of the defendant's principal office in
	553	+	this state if the defendant is not an individual; or
	554	+	[(3) Travis County, if the person:
	555	+	[(A) is an individual who does not reside in this
	556	+	state; or
	557	+	[(B) is an entity that does not have its
	558	+	principal office in this state].
	559	+	SECTION 36. Section 801.508, Occupations Code, is amended
541	560		to read as follows:
542	561		Sec. 801.508. CEASE AND DESIST ORDER. The board or
543	562		executive director may issue a cease and desist order upon
544	563		determining that it is necessary to prevent a violation of this
545	564		chapter, or of a rule adopted or order issued by the board.
546	565		[(a) If it appears to the board that a person is engaging in
547	566		an act or practice that constitutes the practice of veterinary
548	567		medicine without a license or the practice of equine dentistry
549	568		without a license under this chapter, the board, after notice and
550	569		opportunity for a hearing, may issue a cease and desist order
551	570		prohibiting the person from engaging in the activity.
552	571		[(b) A violation of an order under this section constitutes
553	572		grounds for imposing an administrative penalty under Subchapter J.]
554		-	SECTION 36. Subchapter K, Chapter 801, Occupations Code, is
	573	+	SECTION 37. Subchapter K, Chapter 801, Occupations Code, is
555	574		amended by adding Section 801.510 to read as follows:
556	575		Sec. 801.510. ISSUANCE OF EMERGENCY ORDERS. (a) Upon
557	576		determining that an emergency exists requiring immediate action to
558	577		protect the public health and safety, the board or executive
559	578		director may issue an emergency order to:
560	579		(1) suspend or revoke a license or other authorization
561	580		issued under a program regulated by the board; or
562	581		(2) halt operation of an unsafe veterinary medical
563	582		facility.
564	583		(b) The board or executive director may issue an emergency
565	584		order with or without notice and hearing. If an emergency order is
566	585		issued under this section without a hearing, the board shall set the
567	586		time and place for a hearing conducted by the State Office of
568	587		Administrative Hearings to affirm, modify, or set aside the
569	588		emergency order not later than the 17th day after the date the order
570	589		was issued. The order shall be affirmed to the extent that
571	590		reasonable cause existed to issue the order.
572	591		(c) A proceeding under this section is a contested case
573	592		under Chapter 2001, Government Code.
574		-	SECTION 37. Chapter 801, Occupations Code, is amended by
	593	+	SECTION 38. Chapter 801, Occupations Code, is amended by
575	594		designating Sections 801.601 through 801.604 as Subchapter M and
576	595		adding a subchapter heading to read as follows:
577	596		SUBCHAPTER M. VETERINARY MEDICAL FACILITIES
578	597		Sec. 801.601. REGISTRATION OF VETERINARY MEDICAL
579		-	FACILITIES REQUIRED. (a) Veterinary medicine, including
580		-	veterinary medicine practiced remotely by electronic means, shall
581		-	be practiced only in or from a veterinary medical facility that is
582		-	registered with the board or that is exempted by rule from the
583		-	registration requirement. Unless exempted by this section or by
584		-	board rule adopted pursuant to this section, every individual
585		-	facility must be registered with the board.
	598	+	FACILITIES REQUIRED. (a) Veterinary medicine shall be practiced
	599	+	only in or from a veterinary medical facility that is registered
	600	+	with the board or that is exempted by rule from the registration
	601	+	requirement. Unless exempted by this section or by board rule
	602	+	adopted pursuant to this section, every individual facility must be
	603	+	registered with the board.
586	604		(b) Subsection (a) does not apply to a facility maintained
587	605		or operated by the federal government.
588	606		(c) A mobile facility affiliated with a registered
589	607		veterinary medical facility is exempt from separate registration if
590	608		identified in the application for registration filed pursuant to
591	609		this subchapter.
592		-	(d) The board may by rule provide exemptions to the
	610	+	(c) The board may by rule provide exemptions to the
593	611		registration requirement for facilities if it determines that
594	612		imposing or enforcing the requirement:
595	613		(1) is not cost-effective for the board;
596		-	(2) is not feasible with current ~~board~~ resources or
	614	+	(2) is not feasible with current resources or
597	615		standards; or
598	616		(3) will not substantially benefit or protect
599	617		consumers.
600	618		Sec. 801.602. REGISTRATION ELIGIBILITY AND APPLICATION.
601	619		(a) To register a veterinary medical facility, the business entity
602	620		providing services at the facility shall submit the application
603	621		provided by the board and pay the applicable fee established by the
604	622		board pursuant to Section 801.154. The application must be signed
605	623		by a person with authority to act on behalf of the entity.
606	624		(b) The facility shall, in its application for
607	625		registration:
608	626		(1) indicate the type of business entity that provides
609	627		services at the facility, and provide information regarding the
610		-	owners, partners, and operators of the entity, including a
611		-	management services organization that contracts with the facility,
612		-	as required by board rule; and
	628	+	owners, partners, and operators of the entity as required by board
	629	+	rule; and
613	630		(2) provide the names and license or registration
614	631		numbers of all persons who provide services at the facility and are
615	632		regulated by the board.
616	633		(c) An application under this section shall require the
617	634		facility to designate a medical director. The designated medical
618	635		director must:
619	636		(1) be licensed by the board as a veterinarian and
620	637		remain in good standing;
621	638		(2) regularly practice veterinary medicine at or from
622	639		the facility; and
623	640		(3) co-sign the application for registration; and
624	641		(4) agree to accept all correspondence from the board
625	642		on behalf of the facility.
626	643		(d) A veterinary medical facility whose designated medical
627	644		director ceases to be affiliated with the facility shall designate
628	645		a new medical director within 30 days of the change.
629	646		(e) The term of a registration issued under this section and
630	647		the process for renewal of a registration shall be provided by board
631	648		rule.
632	649		Sec. 801.603. STANDARDS FOR OPERATION OF VETERINARY MEDICAL
633		-	FACILITIES. ~~(a)~~ The board shall adopt and enforce rules relating
634		-	to standards of operation of veterinary medical facilities. The
635		-	~~rules~~ must include standards regarding:
	650	+	FACILITIES. The board shall adopt and enforce rules relating to
	651	+	standards of operation of veterinary medical facilities. The rules
	652	+	must include standards regarding:
636	653		(1) safety and sanitation;
637	654		(2) storage and security of pharmaceuticals and
638	655		controlled substances;
639	656		(3) patient care;
640	657		(4) retention of documentation, including medical
641	658		records, controlled substance logs, and employment records; and
642	659		(5) compliance with other state laws related to health
643	660		and safety.
644		-	(b) Rules adopted under Subsection (a) must distinguish
645		-	between categories of veterinary facilities, including mobile
646		-	facilities that are not affiliated with another registered
647		-	veterinary facility, to ensure that appropriate standards are
648		-	established for each category of facility.
649		-	Sec. 801.604. SANCTIONS AND ADMINISTRATIVE PENALTIES. The
	661	+	Sec 801.604. SANCTIONS AND ADMINISTRATIVE PENALTIES. The
650	662		owner or owners of a business entity that provides services at a
651		-	veterinary medical facility, or a management services organization
652		-	that provides services to a veterinary medical facility, shall be
653		-	subject to administrative penalties, license sanctions, or both,
654		-	if:
	663	+	veterinary medical facility shall be subject to administrative
	664	+	penalties, license sanctions, or both, if:
655	665		(1) the facility does not hold a current registration;
656	666		(2) the facility violates a standard adopted pursuant
657	667		to Section 801.603;
658	668		(3) facility personnel deny access to the board or its
659	669		agents to conduct an inspection or investigation; or
660	670		(4) the facility fails to comply with a board order.
661		-	SECTION 38. The following provisions of Chapter 801,
	671	+	SECTION 39. The following provisions of Chapter 801,
662	672		Occupations Code, are repealed:
663	673		(1) Section 801.206;
664	674		(2) Section 801.253(a) as amended by Acts 2011, 82nd
665	675		Leg., R.S., Ch. 411 (S.B. 811), Sec. 3;
666	676		(3) Section 801.307(a-1) as added by Acts 2019, 86th
667	677		Leg., R.S., Ch. 449 (S.B. 1947), Sec. 2;
668	678		(5) Section 801.459;
669	679		(6) Section 801.461; and
670	680		(7) Section 801.505.
671		-	SECTION 39. As soon as practicable after the effective date
	681	+	SECTION 40. As soon as practicable after the effective date
672	682		of this Act, the State Board of Veterinary Medical Examiners shall
673	683		adopt the rules and procedures necessary to implement the
674	684		provisions of this Act other than those contained in Subchapter M,
675	685		Chapter 801, Occupations Code, as added by this Act.
676		-	SECTION 40. No later than March 1, 2027, the State Board of
	686	+	SECTION 41. No later than March 1, 2027, the State Board of
677	687		Veterinary Medical Examiners shall adopt the rules and procedures
678	688		necessary to implement the provisions contained in Subchapter M,
679	689		Chapter 801, Occupations Code, as added by this Act.
680		-	SECTION 41. A veterinary medical facility shall register
	690	+	SECTION 42. A veterinary medical facility shall register
681	691		with the board not later than September 1, 2027.
682		-	SECTION 42. (a) Except as provided by Subsection (b) of this
	692	+	SECTION 43. (a) Except as provided by Subsection (b) of this
683	693		section, this Act takes effect September 1, 2025.
684	694		(b) Subchapter M, Chapter 801, Occupations Code, as added by
685	695		this Act, takes effect September 1, 2026.
	696	+	* * * * *