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  84R22493 MAW-F
 
  By: Miller of Fort Bend, Zerwas, H.B. No. 2683
      Bonnen of Brazoria, Huberty, Raymond
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of dyslexia practitioners
  and therapists by the Texas Department of Licensing and Regulation;
  imposing an administrative penalty; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 403.001, Occupations Code, as amended by
  S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
  amended by adding Subdivisions (1) and (1-a) and amending
  Subdivisions (2) and (3) to read as follows:
               (1)  "Advisory board" means the Licensed Dyslexia
  Practitioner and Licensed Dyslexia Therapist Advisory Board.
               (1-a)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (2)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (3)  "Executive director" [commissioner"] means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 2.  Section 403.051, Occupations Code, is amended to
  read as follows:
         Sec. 403.051.  ADVISORY BOARD [COMMITTEE]. (a) The
  [department shall appoint an] advisory board shall provide advice
  and recommendations [committee] to [advise] the department on
  technical matters relevant to the administration of [in
  administering] this chapter.
         (b)  The advisory board consists of seven members appointed
  by the commission as follows:
               (1)  three licensed dyslexia therapists;
               (2)  two licensed dyslexia practitioners; and
               (3)  two members representing the public, at least one
  of whom must be a person with dyslexia or a parent of a person with
  dyslexia.
         (c)  Advisory board members serve staggered four-year terms,
  with the terms of three or four members expiring on February 1 of
  each odd-numbered year.
         (d)  If a vacancy occurs during the term of an advisory board
  member, the presiding officer of the commission, with the
  commission's approval, shall appoint a replacement who meets the
  qualifications of the vacated position to serve for the remainder
  of the term.
         (e)  The presiding officer of the commission shall designate
  a member of the advisory board to serve as the presiding officer of
  the advisory board for a term of two years. The presiding officer
  of the advisory board may vote on any matter before the advisory
  board. 
         (f)  Advisory board members may not receive compensation but
  are entitled to reimbursement for actual and necessary expenses
  incurred in performing the functions of the advisory board, subject
  to the General Appropriations Act.
         (g)  The advisory board shall meet at the call of the
  presiding officer of the commission or the executive director.
         (h)  A member of the advisory board may be removed from the
  advisory board as provided by Section 51.209.
         SECTION 3.  Section 403.052, Occupations Code, is amended to
  read as follows:
         Sec. 403.052.  RULES. The commission [executive
  commissioner] shall adopt rules necessary to administer and enforce
  this chapter, including rules that establish:
               (1)  standards of ethical practice; and
               (2)  continuing education requirements, including the
  minimum number of hours of continuing education required to renew a
  license under this chapter.
         SECTION 4.  Section 403.053, Occupations Code, as added by
  S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
  amended to read as follows:
         Sec. 403.053.  FEES. The commission [executive
  commissioner] shall set fees for the issuance or renewal of a
  license under this chapter in amounts designed to allow the
  department to recover from the license holders all of the direct and
  indirect costs to the department in administering and enforcing
  this chapter.
         SECTION 5.  Subchapter B, Chapter 403, Occupations Code, is
  amended by adding Section 403.054 to read as follows:
         Sec. 403.054.  POWERS AND DUTIES OF EXECUTIVE DIRECTOR. The
  executive director shall administer and enforce this chapter.
         SECTION 6.  Section 403.103, Occupations Code, is amended to
  read as follows:
         Sec. 403.103.  LICENSE APPLICATION. (a) A license
  applicant must apply to the department on a form and in the manner
  the executive director [department] prescribes.
         (b)  The commission by rule shall specify the information and
  documentation required to be submitted in an application.
         (c)  The application must be accompanied by the fees required
  by commission rule [a nonrefundable application fee].
         SECTION 7.  Section 403.106(c), Occupations Code, is amended
  to read as follows:
         (c)  The department [, in consultation with the advisory
  committee,] shall determine whether a training program meets the
  requirements of this section.
         SECTION 8.  Section 403.107, Occupations Code, as amended by
  S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
  amended to read as follows:
         Sec. 403.107.  EXAMINATION; RULES.  (a)  To obtain a license,
  an applicant must:
               (1)  pass a written examination approved by the
  department under Subsection (b); and
               (2)  pay the required fees [set by the executive
  commissioner by rule].
         (b)  The department shall [, in consultation with the
  advisory committee]:
               (1)  identify and designate a competency examination
  that is related to multisensory structured language education and
  that will be administered at least twice each year by a professional
  organization that issues national certifications; and
               (2)  maintain a record of all examinations for at least
  two years after the date of examination.
         SECTION 9.  Section 403.108, Occupations Code, is amended to
  read as follows:
         Sec. 403.108.  WAIVER OF EXAMINATION REQUIREMENT. The
  department [, in consultation with the advisory committee,] may
  waive the examination requirement and issue a license to an
  applicant who holds an appropriate certificate or other
  accreditation from a nationally accredited multisensory structured
  language education organization recognized by the department.
         SECTION 10.  Subchapter C, Chapter 403, Occupations Code, is
  amended by adding Section 403.1081 to read as follows:
         Sec. 403.1081.  LICENSE TERM; RENEWAL. (a) A license issued
  under this chapter is valid for one year from the date of issuance.
         (b)  The commission by rule shall establish requirements for
  renewing a license under this chapter, including the payment of
  applicable fees.
         SECTION 11.  Section 403.202, Occupations Code, as amended
  by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
  amended to read as follows:
         Sec. 403.202.  PROHIBITED ACTIONS. A license holder may
  not:
               (1)  obtain a license by means of fraud,
  misrepresentation, or concealment of a material fact;
               (2)  sell, barter, or offer to sell or barter a license;
  or
               (3)  engage in unprofessional conduct that endangers or
  is likely to endanger the health, welfare, or safety of the public
  as defined by commission [department] rule.
         SECTION 12.  Section 403.203, Occupations Code, is amended
  to read as follows:
         Sec. 403.203.  GROUNDS FOR DISCIPLINARY ACTION. If an
  applicant for or [a license] holder of a license violates this
  chapter or a rule [or code of ethics] adopted or order issued under
  this chapter [by the executive commissioner], the commission or
  executive director may [department shall]:
               (1)  revoke or suspend the license;
               (2)  place on probation the person if the person's
  license has been suspended;
               (3)  reprimand the license holder; or
               (4)  refuse to issue or renew the license.
         SECTION 13.  Section 403.251(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A person who violates this chapter or [,] a rule adopted
  [by the executive commissioner under this chapter,] or [an] order
  issued [adopted by the department] under this chapter is liable for
  a civil penalty not to exceed $500 for each occurrence.
         SECTION 14.  Subchapter F, Chapter 403, Occupations Code, is
  amended by adding Section 403.253 to read as follows:
         Sec. 403.253.  ADMINISTRATIVE PENALTY. The commission or
  executive director may impose an administrative penalty against a
  person who violates this chapter or a rule adopted or order issued
  under this chapter as provided by Subchapter F, Chapter 51.
         SECTION 15.  The following provisions of the Occupations
  Code, including provisions amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are repealed:
               (1)  Section 403.002;
               (2)  Section 403.109;
               (3)  Section 403.152;
               (4)  Section 403.201;
               (5)  Section 403.204;
               (6)  Section 403.205;
               (7)  Section 403.207;
               (8)  Section 403.208;
               (9)  Section 403.209;
               (10)  Section 403.210;
               (11)  Section 403.211;
               (12)  Section 403.212; and
               (13)  Section 403.252.
         SECTION 16.  Not later than March 1, 2016, the Texas
  Commission of Licensing and Regulation shall adopt rules necessary
  to implement the changes in law made by this Act to Chapter 403,
  Occupations Code.
         SECTION 17.  A rule or fee under Chapter 403, Occupations
  Code, in effect on the effective date of this Act remains in effect
  until changed by the Texas Commission of Licensing and Regulation.
         SECTION 18.  As soon as practicable after the effective date
  of this Act, the Department of State Health Services and the Texas
  Department of Licensing and Regulation shall adopt a transition
  plan to provide for the transfer not later than January 1, 2016, of
  the following to the Texas Department of Licensing and Regulation
  to the extent necessary for the exercise of that department's
  powers and duties related to Chapter 403, Occupations Code, as
  amended by this Act:
               (1)  personnel;
               (2)  equipment, files, and records; and
               (3)  money appropriated for the fiscal biennium ending
  August 31, 2017.
         SECTION 19.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2015.