S.B. No. 191

	AN ACT
	relating to disposition of a contested case by the Texas Medical
	Board.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsections (a) and (a-1), Section 164.007,
	Occupations Code, are amended to read as follows:
	(a)  The board by rule shall adopt procedures governing
	formal disposition of a contested case under Chapter 2001,
	Government Code. A formal hearing shall be conducted by an
	administrative law judge employed by the State Office of
	Administrative Hearings. After receiving the administrative law
	judge's findings of fact and conclusions of law, the board shall
	dispose of the contested case by issuing a final order based on the
	administrative law judge's findings of fact and conclusions of law
	[determine the charges on the merits].
	(a-1)  Notwithstanding Section 2001.058(e), Government
	Code, the [The] board may not change a finding of fact or conclusion
	of law or vacate or modify an order of the administrative law judge.
	The board may obtain judicial review of any finding of fact or
	conclusion of law issued by the administrative law judge as
	provided by Section 2001.058(f)(5), Government Code. For each
	case, the board has the sole authority and discretion to determine
	the appropriate action or sanction, and the administrative law
	judge may not make any recommendation regarding the appropriate
	action or sanction [only if the board makes a determination
	required by Section 2001.058(e), Government Code].
	SECTION 2.  Subsections (a) and (a-1), Section 164.007,
	Occupations Code, as amended by this Act, apply only to a contested
	case for which an administrative law judge employed by the State
	Office of Administrative Hearings issues written findings of fact
	and conclusions of law on or after the effective date of this Act.  A
	contested case for which an administrative law judge employed by
	the State Office of Administrative Hearings issues written findings
	of fact and conclusions of law before the effective date of this Act
	is governed by the law in effect on the date the findings of fact and
	conclusions of law were issued, and the former law is continued in
	effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 191 passed the Senate on
	March 17, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 191 passed the House on
	May 19, 2011, by the following vote:  Yeas 148, Nays 0, one present
	not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor