SRC-PNG H.B. 2175 76(R)BILL ANALYSIS


Senate Research CenterH.B. 2175
76R9466 MXM-FBy: Uher (Armbrister)
Health Services
5/12/1999
Committee Report (Amended)


DIGEST 

Currently, under Texas law, the Texas Board of Chiropractic Examiners
(board) is required to keep a written record of its proceedings, as well as
all information on each applicant, and to file that record with the
secretary of the state, rather than to simply keep vital information on
each applicant on file.  This bill would remove the requirement that the
board submit a record of its proceedings with certain information about
each applicant to the secretary of the state, and deletes the criminal
penalty for practicing without a license and instead provides for an
injunctive proceeding or civil proceeding. 

PURPOSE

As proposed, H.B. 2175 removes the requirement that the Texas Board of
Chiropractic Examiners submit a record of its proceedings with certain
information about each applicant to the secretary of the state, and deletes
the criminal penalty for practicing without a license and instead provides
for an injunctive proceeding or civil proceeding. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5, Article 4512b, V.T.C.S., to require the Texas
Board of Chiropractic Examiners (board) to maintain records regarding each
person licensed or registered with the board.  Requires the records to
include certain information.  Deletes text requiring the board to preserve
a record of its proceedings with certain information about each applicant,
and requiring the filing of the register with the secretary of state. 

SECTION 2. Amends Section 5a(c), Article 4512b, V.T.C.S., to require the
board to bring an action for injunctive proceedings or other civil
proceedings as necessary to enforce this Act.  Deletes text providing that
a person who violates this section commits a Class A misdemeanor offense,
or a third degree felony under certain circumstances. 

SECTION 3. Repealer: Section 19, Article 4512b, V.T.C.S. (Punishment for
Violations). 

SECTION 4. (a) Provides that the remedy for an offense or violation under
Section 5a(c), 19, or 19a, Article 4512b, V.T.C.S., regardless of whether
the offense or violation is committed before, on, or after the effective
date of this Act, is the remedy provided by Section 5a(c), Article 4512b,
V.T.C.S. 

(b) Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.