Bill Text: TX SB844 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the active supervision of occupational licensing authorities by the attorney general.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-27 - Referred to Business & Commerce [SB844 Detail]
Download: Texas-2017-SB844-Introduced.html
85R6946 MAW-F | ||
By: Huffines | S.B. No. 844 |
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relating to the active supervision of occupational licensing | ||
authorities by the attorney general. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Occupations Code, is amended by adding | ||
Chapter 2 to read as follows: | ||
CHAPTER 2. ACTIVE SUPERVISION OF OCCUPATIONAL LICENSING | ||
AUTHORITIES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 2.001. DEFINITIONS. In this chapter: | ||
(1) "Certificate" means a voluntary, nontransferable | ||
recognition issued by a private organization or licensing authority | ||
authorizing an individual, after meeting the established personal | ||
qualifications of the organization or authority, to use the term | ||
"certified" in describing the individual's occupation. | ||
(2) "License" means a nontransferable authorization | ||
issued by a licensing authority authorizing an individual, after | ||
meeting the established personal qualifications, to engage in a | ||
particular occupation. | ||
(3) "Licensing authority" means a department, | ||
commission, board, office, or other agency of the state that issues | ||
a license, specialty occupational license for medical | ||
reimbursement, registration, certificate, permit, or other | ||
authorization related to an occupation. | ||
(4) "Personal qualifications" means criteria related | ||
to an individual's personal background, credentials, and | ||
characteristics that are required to obtain a certificate, | ||
specialty occupational license for medical reimbursement, or | ||
license, including: | ||
(A) educational attainment; | ||
(B) passage of an examination; | ||
(C) work experience; | ||
(D) character; and | ||
(E) criminal history. | ||
(5) "Registration" means a nontransferable | ||
recognition issued by a licensing authority authorizing an | ||
individual who provides notice to the authority of the individual's | ||
name and address and of the nature of the service offered before | ||
engaging in a particular occupation to use the term "registered" in | ||
describing the individual's occupation. | ||
(6) "Specialty occupational license for medical | ||
reimbursement" means a voluntary, nontransferable, and | ||
nonexclusive authorization to perform a medical service that is: | ||
(A) required for an individual to be eligible to | ||
receive payment or reimbursement from a governmental agency or | ||
other entity for providing medical services; and | ||
(B) issued by a licensing authority to an | ||
individual who meets the established personal qualifications. | ||
Sec. 2.002. TYPES OF REGULATION. In determining the least | ||
restrictive regulation for purposes of this chapter, the following | ||
list represents regulations from least restrictive to most | ||
restrictive: | ||
(1) market competition; | ||
(2) ratings or reviews from consumers or third | ||
parties; | ||
(3) private certification; | ||
(4) existence of a specific private cause of action to | ||
remedy a consumer harm; | ||
(5) a law prohibiting deceptive trade practices; | ||
(6) a restriction on the process of providing a | ||
specific good or service to a consumer; | ||
(7) inspection requirements; | ||
(8) a requirement that an individual obtain a bond or | ||
insurance; | ||
(9) a statute, rule, or policy requiring registration | ||
with a licensing authority; | ||
(10) a statute, rule, or policy requiring | ||
certification by a licensing authority; | ||
(11) a specialty occupational license for medical | ||
reimbursement; and | ||
(12) a statute, rule, or policy requiring licensing by | ||
a licensing authority. | ||
Sec. 2.003. POLICY. It is the policy of this state: | ||
(1) to recognize the fundamental right of an | ||
individual to pursue an occupation; | ||
(2) to increase economic opportunities, promote | ||
competition, and encourage innovation in this state; | ||
(3) when necessary to displace market competition, to | ||
use the least restrictive means of regulation necessary to protect | ||
consumers from existing, significant, and substantiated harms that | ||
threaten public health and safety; and | ||
(4) to enforce occupational regulations against an | ||
individual only to the extent the individual sells or provides | ||
goods or services that are explicitly included in the law that | ||
defines the occupation's scope of practice. | ||
SUBCHAPTER B. ATTORNEY GENERAL SUPERVISION | ||
Sec. 2.051. ACTIVE SUPERVISION BY ATTORNEY GENERAL. (a) To | ||
ensure that a statute is construed to comply with, and a rule or | ||
policy of a licensing authority complies with, the policy described | ||
by Section 2.003, the attorney general shall actively supervise | ||
each licensing authority. | ||
(b) In actively supervising a licensing authority, the | ||
attorney general shall: | ||
(1) participate in the development of the authority's | ||
rules and policies to ensure the rules and policies benefit | ||
consumers and do not serve the private interests of individuals | ||
regulated by the authority; | ||
(2) review the proposed rules, policies, and | ||
enforcement actions of the authority; and | ||
(3) take action under Section 2.052 with regard to | ||
each proposed rule, policy, and action. | ||
(c) In fulfilling the duties under this section, the | ||
attorney general shall study issues relevant to the attorney | ||
general's duties under this chapter, including issues related to | ||
antitrust litigation and methods for regulating occupations using | ||
the least restrictive regulations possible. | ||
Sec. 2.052. SUBMISSION TO ATTORNEY GENERAL; ACTION BY | ||
ATTORNEY GENERAL REQUIRED. (a) A licensing authority must submit | ||
any proposed rule, policy, or enforcement action to the attorney | ||
general for review before the rule, policy, or action is adopted or | ||
implemented. | ||
(b) The attorney general shall approve a rule, policy, or | ||
enforcement action submitted under Subsection (a) if the attorney | ||
general determines the rule, policy, or action complies with the | ||
policy described by Section 2.003. The attorney general shall | ||
reject any rule, policy, or action that does not comply with the | ||
policy described by Section 2.003. | ||
(c) A proposed rule, policy, or enforcement action of a | ||
licensing authority may not be finally adopted or implemented | ||
unless the rule, policy, or action is explicitly approved by the | ||
attorney general under Subsection (b). The attorney general's | ||
failure to respond to a rule, policy, or action that is submitted to | ||
the attorney general does not constitute approval of the rule, | ||
policy, or action. | ||
(d) A licensing authority may not finally adopt or implement | ||
any rule, policy, or enforcement action that has been rejected by | ||
the attorney general under Subsection (b). | ||
Sec. 2.053. COMPLAINTS. (a) The attorney general shall | ||
investigate a complaint submitted to the attorney general that | ||
alleges a licensing authority's rule, policy, or enforcement action | ||
is not in compliance with the policy described by Section 2.003. | ||
(b) Not later than the 90th day after the date a complaint is | ||
received, the attorney general shall: | ||
(1) investigate the complaint; | ||
(2) identify actions necessary to resolve the | ||
complaint and, if appropriate, direct the licensing authority | ||
subject to the complaint to take those actions; and | ||
(3) notify the complainant of the outcome of the | ||
investigation and the disposition of the complaint. | ||
(c) Chapter 2001, Government Code, does not apply to the | ||
disposition of a complaint under this section. | ||
Sec. 2.054. REVIEW OF ACTION. The governor, the lieutenant | ||
governor, or a member of the legislature may request that the | ||
attorney general review: | ||
(1) a rule, policy, or enforcement action of a | ||
licensing authority for compliance with the policy described by | ||
Section 2.003; or | ||
(2) a prior action of the attorney general under this | ||
chapter. | ||
Sec. 2.055. ESTABLISHMENT OF DIVISION. The attorney | ||
general may establish a division to actively supervise licensing | ||
authorities as provided by this chapter and employ staff to carry | ||
out the duties of this chapter, including employing one or more | ||
attorneys who do not provide general counsel to any licensing | ||
authority or exercise control over an authority other than the | ||
supervision required by this chapter. | ||
SECTION 2. Not later than December 1, 2018, the attorney | ||
general shall: | ||
(1) review all rules, policies, and enforcement | ||
actions of a licensing authority, as defined by Section 2.001, | ||
Occupations Code, as added by this Act, that are in effect or | ||
ongoing on the effective date of this Act; and | ||
(2) provide a notice to each licensing authority that: | ||
(A) identifies each rule, policy, or action of | ||
the authority that is not in compliance with the policy described by | ||
Section 2.003, Occupations Code, as added by this Act; and | ||
(B) directs the authority to amend the rule or | ||
policy or terminate the action, as applicable, to comply with the | ||
policy described by Section 2.003, Occupations Code, as added by | ||
this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |