83R8457 BEF-F
  By: Carona S.B. No. 1250
  relating to the creation of an office of regulatory best practices
  in the Texas Department of Licensing and Regulation and the
  evaluation by the office of proposals by members of the legislature
  to regulate occupations.
         SECTION 1.  Chapter 51, Occupations Code, is amended by
  adding Subchapters J and K to read as follows:
         Sec. 51.501.  DEFINITIONS. In this subchapter:
               (1)  Notwithstanding Section 51.001, "license" means a
  license, certificate, registration, permit, or other form of
  authorization required by law or state agency rule that an
  individual must obtain to engage in an occupation or profession.
               (2)  "Office" means the office of regulatory best
  practices in the department.
               (3)  "Regulatory agency" means a state agency that
  receives an appropriation under the article of the General
  Appropriations Act that makes appropriations to regulatory state
               (4)  "Regulatory best practice" means a regulatory
  practice or a similar practice employed by a state agency or
  business that the office has reviewed, analyzed, and determined
  offers, when implemented, a benefit to the public, regulated
  persons, or the state through cost savings, transparency,
  efficiency, or effectiveness.
               (5)  "Regulatory practice" means a practice,
  procedure, process, measure, or idea used by a regulatory agency
  relating to the operation or management of the regulatory agency's
  functions, including issuance of licenses, enforcement, network
  services, human resources, or customer service.
         Sec. 51.502.  OFFICE ESTABLISHED. The department shall
  establish, maintain, and administer the office of regulatory best
         Sec. 51.503.  DUTIES OF OFFICE. The office shall:
               (1)  operate the clearinghouse under Section 51.504;
               (2)  collect, review, and analyze regulatory practices
  to determine if they are regulatory best practices;
               (3)  identify innovative, efficient, and cost-saving
  practices and procedures used at state agencies and businesses and
  determine if they are regulatory best practices;
               (4)  identify practices that reduce regulatory
  burdens, improve services to the public, and improve consumer
  protection and determine if they are regulatory best practices;
               (5)  foster collaboration among regulatory agencies
  through an electronic interface through which regulatory agencies
  can access the office's findings, submit regulatory practices for
  consideration by the office, and report the use of regulatory
  agencies' best practices and results; and
               (6)  review and analyze proposals by members of the
  legislature under Subchapter K.
         Sec. 51.504.  CLEARINGHOUSE. (a) The office shall establish
  and maintain a clearinghouse to serve as a central repository for
  the collection, classification, and distribution of regulatory
  best practices and the steps a regulatory agency may take to
  implement those regulatory best practices.
         (b)  The office shall:
               (1)  recognize state agencies and businesses whose
  regulatory best practices are included in the clearinghouse; and
               (2)  periodically report findings related to the
  development and maintenance of the clearinghouse to the governor,
  the lieutenant governor, the speaker of the house of
  representatives, committees of each house of the legislature having
  jurisdiction over appropriations, the state auditor's office, and
  the Sunset Advisory Commission.
  regulatory agency shall provide the office access to the regulatory
  agency's financial, statistical, performance, and personnel data.
  The department may enter into a memorandum of understanding with
  the regulatory agency to maintain the confidentiality of
  information that is confidential under Chapter 552, Government
         Sec. 51.551.  DEFINITIONS. In this subchapter:
               (1)  Notwithstanding Section 51.001, "license" has the
  meaning assigned by Section 51.501.
               (2)  "Office" has the meaning assigned by Section
  LEGISLATURE. (a) Not later than January 1 of the even-numbered
  year preceding a regular legislative session, a member of the
  legislature may submit to the office a written proposal to:
               (1)  impose a statewide licensing requirement or other
  regulation on an occupation or profession that is currently
  unregulated by the state; or
               (2)  increase the regulatory requirements imposed on an
  occupation or profession that is currently regulated statewide.
         (b)  A written proposal under Subsection (a) must include:
               (1)  a description of the occupation or profession
  subject to the proposed regulation, including a list of
  associations, organizations, or other groups representing persons
  who practice the occupation or profession in this state and an
  estimate of the number of members of each association,
  organization, or group;
               (2)  a statement of the problem or problems addressed
  by the proposed regulation;
               (3)  a description of the proposed licensing
  requirement or regulation;
               (4)  a statement of support for the proposed regulation
  signed by at least:
                     (A)  25 individuals who are members of an
  association, organization, or group described by Subdivision (1);
                     (B)  25 individuals who are not members of an
  association, organization, or group described by Subdivision (1);
               (5)  a statement of the reasons why the license
  requirement or other type of regulation is proposed and not another
  type of regulatory requirement; and
               (6)  a statement of the expected benefit to the public
  that will result from the proposed regulation.
         Sec. 51.553.  EVALUATION AND REPORT BY OFFICE. (a) Except as
  provided by Subsection (b), the office shall evaluate each proposal
  submitted under Section 51.552 and issue a report outlining the
  anticipated costs and benefits to the state, including impacts to
  public health, safety, and welfare. When evaluating a proposal to
  regulate an occupation or profession that is not currently
  regulated, the office shall consider the factors under Chapter 318,
  Government Code, any factors the executive director recommends, and
  any reports or findings by the attorney general regarding the
  occupation or profession.
         (b)  Instead of evaluating a proposal and issuing a new
  report, the office may reissue an existing report described by this
  subsection in response to a proposal under Section 51.552 if the
               (1)  previously evaluated a proposal to regulate the
  occupation or profession that is the subject of the current
               (2)  issued a report under Subsection (a) or reissued a
  report under this subsection in connection with the proposal
  described by Subdivision (1) not more than 36 months before the date
  the current proposal was submitted; and
               (3)  finds that the current proposal contains no new or
  additional information that would cause the office to alter or
  modify the report described by Subdivision (2).
         (c)  Not later than October 15 of the year in which a proposal
  is due under Section 51.552(a), the office shall issue or reissue a
  report on the proposal under Subsection (a) or (b) to the member of
  the legislature who submitted the proposal, the speaker of the
  house of representatives, the lieutenant governor, and the
         (d)  Only a report issued or reissued under this section not
  more than four years before the date a bill is introduced or an
  amendment is offered satisfies the requirement of an evaluation and
  report for purposes of Section 30a, Article III, Texas
         SECTION 2.  Not later than March 31, 2014, the Texas
  Commission of Licensing and Regulation shall adopt any rules
  necessary to implement the changes in law made by this Act.
         SECTION 3.  Section 51.553(d), Occupations Code, as added by
  this Act, takes effect on the date on which the constitutional
  amendment proposed by the 83rd Legislature, Regular Session, 2013,
  to require a member of the legislature to obtain and file a report
  on the costs and benefits of a bill or amendment to impose or
  increase an occupational regulation takes effect. If that amendment
  is not approved by the voters, that subsection has no effect.
         SECTION 4.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2013.