By: Callegari, et al. (Senate Sponsor - Lucio) H.B. No. 86
         (In the Senate - Received from the House April 11, 2013;
  April 18, 2013, read first time and referred to Committee on
  Business and Commerce; May 8, 2013, reported adversely, with
  favorable Committee Substitute by the following vote:  
  Yeas 8, Nays 0; May 8, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 86 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
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.
 
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