| |
| |
| |
|
|
AN ACT
|
|
|
relating to the criteria for review by the Sunset Advisory |
|
|
Commission of an agency that licenses an occupation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 325, Government Code, is amended by |
|
|
adding Section 325.0115 to read as follows: |
|
|
Sec. 325.0115. CRITERIA FOR REVIEW OF CERTAIN AGENCIES. |
|
|
(a) In this section: |
|
|
(1) "License" means a license, certificate, |
|
|
registration, permit, or other form of authorization required by |
|
|
law or a state agency rule that must be obtained by an individual to |
|
|
engage in a particular occupation or profession. |
|
|
(2) "Public interest" means protection from a present |
|
|
and recognizable harm to public health, safety, or welfare. The |
|
|
term does not include speculative threats, or other |
|
|
non-demonstrable menaces to public health, safety, or welfare. For |
|
|
the purposes of this subdivision, the term "welfare" includes the |
|
|
financial health of the public when the absence of governmental |
|
|
regulation unreasonably increases risk and liability to broad |
|
|
classes of consumers. |
|
|
(b) In an assessment of an agency that licenses an |
|
|
occupation or profession, the commission and its staff shall |
|
|
consider: |
|
|
(1) whether the occupational licensing program: |
|
|
(A) serves a meaningful, defined public |
|
|
interest; and |
|
|
(B) provides the least restrictive form of |
|
|
regulation that will adequately protect the public interest; |
|
|
(2) the extent to which the regulatory objective of |
|
|
the occupational licensing program may be achieved through market |
|
|
forces, private or industry certification and accreditation |
|
|
programs, or enforcement of other law; |
|
|
(3) the extent to which licensing criteria, if |
|
|
applicable, ensure that applicants have occupational skill sets or |
|
|
competencies that correlate with a public interest and the impact |
|
|
that those criteria have on applicants, particularly those with |
|
|
moderate or low incomes, seeking to enter the occupation or |
|
|
profession; and |
|
|
(4) the impact of the regulation, including the extent |
|
|
to which the program stimulates or restricts competition and |
|
|
affects consumer choice and the cost of services. |
|
|
SECTION 2. Chapter 325, Government Code, is amended by |
|
|
adding Section 325.023 to read as follows: |
|
|
Sec. 325.023. REVIEW OF PROPOSED LEGISLATION REGULATING AN |
|
|
OCCUPATION. (a) Not later than December 31 of an odd-numbered |
|
|
year, a member of the legislature may submit proposed legislation |
|
|
that would create an occupational licensing program or |
|
|
significantly affect an existing occupational licensing program to |
|
|
the commission for review and analysis. A request under this |
|
|
section may be submitted after December 31 of an odd-numbered year |
|
|
on the approval of the commission's chair based on the |
|
|
recommendation of the executive director. The commission's chair |
|
|
may, on the recommendation of the executive director, deny a |
|
|
request for review under this section. |
|
|
(b) If the commission reviews and analyzes legislation |
|
|
proposing the regulation of an occupation, the commission shall |
|
|
submit a report to the legislature before the start of the next |
|
|
legislative session regarding the commission's findings on the need |
|
|
for regulating the occupation and the type of regulation |
|
|
recommended, if any. |
|
|
(c) In analyzing legislation proposing the creation of an |
|
|
occupational licensing program, the commission shall determine |
|
|
whether: |
|
|
(1) the unregulated practice of the occupation would |
|
|
be inconsistent with the public interest as defined by Section |
|
|
325.0115; |
|
|
(2) the public can reasonably be expected to benefit |
|
|
from an assurance of initial and continuing professional skill sets |
|
|
or competencies; and |
|
|
(3) the public can be more effectively protected by |
|
|
means other than state regulation. |
|
|
(d) If the commission reviews and analyzes proposed |
|
|
legislation amending an existing occupational licensing program, |
|
|
the commission shall submit a report to the legislature before the |
|
|
start of the next legislative session regarding the commission's |
|
|
findings on the need for the proposed legislation. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 86 was passed by the House on April |
|
|
10, 2013, by the following vote: Yeas 129, Nays 16, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 86 on May 16, 2013, by the following vote: Yeas 144, Nays 0, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 86 was passed by the Senate, with |
|
|
amendments, on May 15, 2013, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |