Amend HB 2175 by adding the following appropriately numbered
SECTIONS and renumbering existing SECTIONS of the bill
appropriately:
      SECTION ____. Chapter 94, Acts of the 51st Legislature,
Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
Statutes), is amended by adding Section 5b to read as follows:
      Sec. 5b. (a)  Any person who owns, maintains, or operates any
office or place of business where the person employs, directs,
supervises, or otherwise controls, under any kind of contract
whatsoever, any other person for the purpose of practicing
chiropractic as defined in this Act, is deemed to be practicing
chiropractic, is required to be duly licensed to practice
chiropractic under this Act, and is subject to all of the
provisions of this chapter, even though the person so employed,
directed, supervised, or otherwise controlled is duly licensed to
practice chiropractic under this Act.
      (b)  A violation of this section constitutes the unauthorized
practice of chiropractic.
      (c)  The Board may institute suit in any district court of
the county in which a violation of this section is alleged to have
occurred to require compliance by injunctive procedures and to
recover a civil penalty not to exceed $1,000 for each day that a
violation of this section is found to have occurred, plus costs of
court and reasonable attorney's fees.  Civil penalties recovered
shall be deposited in the general revenue fund.  Attorney's fees
and court costs shall be appropriated to the attorney general or
the Board, as appropriate.
      (d)  Nothing in this section shall be construed to prevent a
managed care organization, a professional association formed
pursuant to the Texas Professional Association Act (Article 1528f,
Vernon's Texas Civil Statutes), or the spouse of a deceased
chiropractor who inherits a chiropractic facility from employing a
licensed chiropractor, provided that such entity or person shall
not directly or indirectly control or attempt to control or
otherwise influence the professional judgment of a licensed
chiropractor with regard to the diagnosis or treatment of a
patient.  In addition, nothing in this section shall be construed
to prevent a licensed chiropractor from working for such an entity
or person, provided that such entity or person shall not directly
or indirectly control or attempt to control or otherwise influence
the professional judgment of a licensed chiropractor with regard to
the diagnosis or treatment of a patient.
      (e)  Nothing in this section shall be construed to prevent
the administrator or executor of the estate of a deceased
chiropractor or a person legally authorized to act for a mentally
incompetent chiropractor from employing a licensed chiropractor to
carry on the practice of the deceased or mentally incompetent
chiropractor for a reasonable period of time, as determined by the
Board, or otherwise concluding the affairs of the practice,
including the sale of any remaining assets.  In addition, nothing
in this section shall be construed to prevent a licensed
chiropractor from working for such person for the period of time
during the administration of the estate or the period of
incapacity.
      (f)  A nonlicensed person who owns, maintains, or operates a
chiropractic facility in this state on September 1, 1999, and whose
chiropractic facility is licensed pursuant to this Act on the
effective date of this section shall not be required to be licensed
to practice chiropractic under this Act, but shall not be permitted
to own, maintain, or operate any additional chiropractic facilities
after September 1, 1999; provided, however, that nothing in this
section shall be construed to prevent the relocation of an existing
chiropractic facility.
      SECTION ____. Section 12a, Chapter 94, Acts of the 51st
Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
Civil Statutes), is amended to read as follows:
      Sec. 12a. (a)  The Board shall adopt rules for the licensing
and regulation of owners or operators of chiropractic facilities as
necessary to protect the public health, safety, and welfare.  A
rule adopted by the Board under this section must:
            (1)  specify the licensing requirements for a
chiropractic facility;
            (2)  set out the structure of the facility licensing
program; and
            (3)  provide that the Board shall issue one facility
license to an owner of a chiropractic facility for each
chiropractic facility location <without regard to the number of
chiropractic facilities> owned by the owner.
      (b)  The penalty provisions in Sections 14a and 14c of this
Act shall apply to the owners of chiropractic facilities licensed
under this section.