H.B. No. 3078
 
 
 
 
AN ACT
  relating to sunset review of the Texas Commission of Licensing and
  Regulation and the Texas Department of Licensing and Regulation and
  the transfer of the regulation of podiatry to the Texas Department
  of Licensing and Regulation; authorizing a reduction in fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.002, Occupations Code, is amended to
  read as follows:
         Sec. 51.002.  APPLICATION OF SUNSET ACT. The Texas
  Commission of Licensing and Regulation and the Texas Department of
  Licensing and Regulation are subject to Chapter 325, Government
  Code (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the commission and the department are abolished
  September 1, 2021 [2019].
         SECTION 2.  Subchapter D, Chapter 51, Occupations Code, is
  amended by adding Section 51.2032 to read as follows:
         Sec. 51.2032.  RULES REGARDING PODIATRY; PROVISION OF
  INFORMATION.  (a)  In this section, "advisory board" means the
  Podiatric Medical Examiners Advisory Board.
         (b)  The commission may not adopt a new rule relating to the
  scope of practice of, a health-related standard of care for, or the
  ethical practice of the profession of podiatry unless the rule has
  been proposed by the advisory board. The commission shall adopt
  rules prescribing the procedure by which the advisory board may
  propose rules described by this subsection.
         (c)  For each rule proposed under Subsection (b), the
  commission shall either adopt the rule as proposed or return the
  rule to the advisory board for revision. The commission retains
  authority for final adoption of all rules and is responsible for
  ensuring compliance with all laws regarding the rulemaking process.
         (d)  The commission shall adopt rules clearly specifying the
  manner in which the department and commission will solicit input
  from, and on request provide information to, the advisory board
  regarding:
               (1)  continuing education requirements; and
               (2)  the general investigative, enforcement, or
  disciplinary procedures of the department or commission.
         SECTION 3.  Section 202.001(a), Occupations Code, is amended
  by amending Subdivisions (1) and (2) and adding Subdivisions (1-a)
  and (1-b) to read as follows:
               (1)  "Advisory board" ["Board"] means the Podiatric
  Medical Examiners Advisory Board [Texas State Board of Podiatric
  Medical Examiners].
               (1-a)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-b)  "Department" means the Texas Department of
  Licensing and Regulation.
               (2)  "Executive director" means the executive director
  of the Texas Department of Licensing and Regulation [employee of
  the board who manages the board's day-to-day operations].
         SECTION 4.  The heading to Subchapter B, Chapter 202,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  [TEXAS STATE BOARD OF] PODIATRIC MEDICAL EXAMINERS
  ADVISORY BOARD
         SECTION 5.  Section 202.051(a), Occupations Code, is amended
  to read as follows:
         (a)  The [Texas State Board of] Podiatric Medical Examiners
  Advisory Board consists of nine members appointed by the governor
  as follows:
               (1)  six members who are licensed in this state to
  practice podiatry and [are reputable practicing podiatrists who
  have resided in this state and] have been actively engaged in the
  practice of podiatry for the five years preceding appointment; and
               (2)  three members who represent the public.
         SECTION 6.  Section 202.053, Occupations Code, is amended to
  read as follows:
         Sec. 202.053.  PUBLIC MEMBER ELIGIBILITY. A person is not
  eligible for appointment as a public member of the advisory board if
  the person or the person's spouse:
               (1)  is registered, certified, or licensed by an
  occupational regulatory agency in the field of health care;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by the
  department [board] or receiving funds from the department [board];
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by the department [board] or receiving funds
  from the department [board]; or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or funds from the department [board], other than
  [compensation or] reimbursement authorized by law for advisory
  board membership, attendance, or expenses.
         SECTION 7.  Sections 202.054(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  A person may not be a member of the advisory board [and
  may not be a board employee employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.)] if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of health care;
  or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of health care.
         (c)  A person may not be a member of the advisory board [or
  act as the general counsel to the board] if the person is required
  to register as a lobbyist under Chapter 305, Government Code,
  because of the person's activities for compensation on behalf of a
  profession related to the operation of the advisory board.
         SECTION 8.  Section 202.055, Occupations Code, is amended to
  read as follows:
         Sec. 202.055.  TERMS; VACANCIES. (a) Members of the
  advisory board serve staggered six-year terms, with the term of
  three members expiring on February 1 of each odd-numbered year. At
  the expiration of the term of each member, the governor shall
  appoint a successor.
         (b)  If a vacancy occurs during a term, the governor shall
  appoint a replacement who meets the qualifications of the vacated
  position to serve for the remainder of the term.
         SECTION 9.  Section 202.056, Occupations Code, is amended to
  read as follows:
         Sec. 202.056.  GROUNDS FOR REMOVAL. (a) It is a ground for
  removal from the advisory board that a member:
               (1)  does not have at the time of taking office the
  qualifications required by Section 202.051 or 202.053;
               (2)  does not maintain during service on the advisory 
  board the qualifications required by Section 202.051 or 202.053;
               (3)  is ineligible for membership under Section
  202.054;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (5)  is absent from more than half of the regularly
  scheduled advisory board meetings that the member is eligible to
  attend during a calendar year unless the absence is excused by a
  majority vote of the advisory board.
         (b)  The validity of an action of the advisory board is not
  affected by the fact that the action is taken when a ground for
  removal of an advisory [a] board member exists.
         (c)  If the executive director has knowledge that a potential
  ground for removal exists, the executive director shall notify the
  [president of the board of the potential ground. The president
  shall then notify the] governor and the attorney general that a
  potential ground for removal exists. [If the potential ground for
  removal involves the president, the executive director shall notify
  the next highest ranking officer of the board, who shall then notify
  the governor and the attorney general that a potential ground for
  removal exists.]
         SECTION 10.  Section 202.057, Occupations Code, is amended
  to read as follows:
         Sec. 202.057.  COMPENSATION [PER DIEM]; REIMBURSEMENT OF
  EXPENSES.  An advisory board member may not receive compensation
  but is entitled to [(a)   Each board member is entitled to a per diem
  as set by legislative appropriation for each day the member engages
  in the business of the board.
         [(b)  A member may receive] reimbursement for actual and
  necessary expenses incurred in performing the functions of the
  advisory board, subject to [travel expenses, including expenses for
  meals, lodging, and transportation, as prescribed by] the General
  Appropriations Act.
         [(c)     The secretary of the board is entitled to reimbursement
  for the secretary's necessary expenses incurred in the performance
  of services for the board.]
         SECTION 11.  Section 202.058, Occupations Code, is amended
  to read as follows:
         Sec. 202.058.  PRESIDING OFFICER [OFFICERS].  [(a)] The
  governor shall appoint one [designate a member] of the advisory
  board members to serve as presiding officer [the president] of the
  advisory board at the pleasure of the governor.  The presiding
  officer may vote on any matter before the advisory board [to serve
  in that capacity at the pleasure of the governor].
         [(b)     At the first regular scheduled meeting of each
  biennium, the board shall elect from its members a vice president
  and secretary.]
         SECTION 12.  Section 202.059(a), Occupations Code, is
  amended to read as follows:
         (a)  The advisory board shall meet at the call of the
  presiding officer of the commission or the executive director [hold
  regular meetings at least twice a year and special meetings as
  necessary. The board shall hold the meetings at times and places
  the board considers most convenient for applicants for license
  examinations].
         SECTION 13.  Section 202.061, Occupations Code, is amended
  to read as follows:
         Sec. 202.061.  TRAINING. (a) A person who is appointed to
  and qualifies for office as a member of the advisory board may not
  vote, deliberate, or be counted as a member in attendance at a
  meeting of the advisory board until the person completes a training
  program that complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  this chapter;
               (2)  [and] the department's programs, functions, and 
  rules with respect to this chapter[, and budget of the board];
               (3) [(2)]  the results of the most recent formal audit
  of the department with respect to this chapter [board];
               (4)  the scope and limitations on the rulemaking
  authority of the advisory board;
               (5)  the types of rules, interpretations, and
  enforcement actions that may implicate federal antitrust law by
  limiting competition or impacting prices charged by persons engaged
  in a profession or business regulated under this chapter, including
  rules, interpretations, and enforcement actions that:
                     (A)  regulate the scope of practice of persons in
  a profession or business regulated under this chapter;
                     (B)  restrict advertising by persons in a
  profession or business regulated under this chapter;
                     (C)  affect the price of goods or services
  provided by persons in a profession or business regulated under
  this chapter; and
                     (D)  restrict participation in a profession or
  business regulated under this chapter;
               (6) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the
  advisory board in performing the members' duties; and
               (7) [(4)]  any applicable ethics policies adopted by
  the commission [board] or the Texas Ethics Commission.
         (c)  The executive director shall create a training manual
  that includes the information required by Subsection (b). The
  executive director shall distribute a copy of the training manual
  annually to each advisory board member. On receipt of the training
  manual, each advisory board member shall sign and submit to the
  executive director a statement acknowledging receipt of the
  training manual.  [A person appointed to the board may be entitled
  to reimbursement, as provided by the General Appropriations Act,
  for the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office.]
         SECTION 14.  Subchapter B, Chapter 202, Occupations Code, is
  amended by adding Section 202.062 to read as follows:
         Sec. 202.062.  DUTIES OF ADVISORY BOARD. The advisory board
  shall provide advice and recommendations to the department on
  technical matters relevant to the administration of this chapter.
         SECTION 15.  The heading to Subchapter D, Chapter 202,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D.  [BOARD] POWERS AND DUTIES
         SECTION 16.  Subchapter D, Chapter 202, Occupations Code, is
  amended by adding Section 202.1515 to read as follows:
         Sec. 202.1515.  GENERAL POWERS AND DUTIES. (a) The
  executive director shall administer and enforce this chapter.
         (b)  The commission shall adopt rules necessary to
  administer and enforce this chapter.
         SECTION 17.  Section 202.153, Occupations Code, is amended
  to read as follows:
         Sec. 202.153.  FEES. [(a)] The commission [board] by rule
  shall establish fees in amounts reasonable and necessary to cover
  the cost of administering this chapter. [The board may not set a
  fee that existed on September 1, 1993, in an amount less than the
  amount of that fee on that date.
         [(b)     The board may not maintain unnecessary fund balances,
  and fee amounts shall be established in accordance with this
  requirement.]
         SECTION 18.  Section 202.160, Occupations Code, is amended
  to read as follows:
         Sec. 202.160.  INFORMATION PROVIDED TO LICENSE HOLDERS. At
  least once each biennium, the department [board] shall provide to
  license holders information on:
               (1)  prescribing and dispensing pain medications, with
  particular emphasis on Schedule II and Schedule III controlled
  substances;
               (2)  abusive and addictive behavior of certain persons
  who use prescription pain medications;
               (3)  common diversion strategies employed by certain
  persons who use prescription pain medications, including
  fraudulent prescription patterns; and
               (4)  the appropriate use of pain medications and the
  differences between addiction, pseudo-addiction, tolerance, and
  physical dependence.
         SECTION 19.  Section 202.161, Occupations Code, is amended
  to read as follows:
         Sec. 202.161.  POISON CONTROL CENTER INFORMATION. The
  department [board] shall provide to license holders information
  regarding the services provided by poison control centers.
         SECTION 20.  The heading to Subchapter E, Chapter 202,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT
  PROCEDURES
         SECTION 21.  Subchapter E, Chapter 202, Occupations Code, is
  amended by adding Section 202.2025 to read as follows:
         Sec. 202.2025.  COMPLAINT PRIORITY. The executive director
  shall develop, implement, and enforce a written policy for
  determining the complaints filed under this chapter that will be
  given priority for investigation and resolution by the department.
         SECTION 22.  Subchapter E, Chapter 202, Occupations Code, is
  amended by adding Sections 202.2031 and 202.2032 to read as
  follows:
         Sec. 202.2031.  NOTIFICATION TO PARTIES REGARDING
  COMPLAINT. (a) The department shall notify a license holder who is
  the subject of a complaint filed with the department that a
  complaint has been filed and shall notify the license holder of the
  nature of the complaint.
         (b)  The department is not required to provide notice under
  this section if the notice would jeopardize an investigation.
         Sec. 202.2032.  REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)  
  In this section:
               (1)  "Anonymous complaint" means a complaint that lacks
  sufficient information to identify the source or the name of the
  person who filed the complaint.
               (2)  "Insurance agent" means a person licensed under
  Chapter 4054, Insurance Code.
               (3)  "Insurer" means an insurance company or other
  entity authorized to engage in the business of insurance under
  Subtitle C, Title 6, Insurance Code.
               (4)  "Third-party administrator" means a person
  required to have a certificate of authority under Chapter 4151,
  Insurance Code.
         (b)  The department may not accept anonymous complaints.
         (c)  Notwithstanding any confidentiality requirements under
  Chapter 552, Government Code, or this chapter, a complaint filed
  with the department by an insurance agent, insurer, pharmaceutical
  company, or third-party administrator against a license holder must
  include the name and address of the insurance agent, insurer,
  pharmaceutical company, or third-party administrator filing the
  complaint.
         (d)  Not later than the 15th day after the date the complaint
  is filed with the department, the department shall notify the
  license holder who is the subject of the complaint of the name and
  address of the insurance agent, insurer, pharmaceutical company, or
  third-party administrator who filed the complaint, unless the
  notice would jeopardize an investigation.
         SECTION 23.  Sections 202.252(a), (b), (e), and (f),
  Occupations Code, are amended to read as follows:
         (a)  An application for a license under this chapter must be
  submitted in the manner and on a form prescribed by the executive
  director [A person who desires to practice podiatry in this state
  shall apply in writing to the board for a license on a form
  prescribed by the board].
         (b)  The commission by rule shall establish the information
  and documentation required to be submitted as part of an
  application for a license under this chapter [applicant shall
  submit any information reasonably required by the board], including
  evidence satisfactory to the commission or department [board] that
  the applicant:
               (1)  is at least 21 years of age;
               (2)  [is of good moral character;
               [(3)]  has completed at least 90 semester hours of
  college courses acceptable at the time of completion for credit
  toward a bachelor's degree at an institution of higher education
  determined by the department to have acceptable standards [The
  University of Texas];
               (3) [(4)]  is a graduate of a reputable school of
  podiatry or chiropody; and
               (4) [(5)]  has successfully completed any other course
  of training reasonably required by commission [board] rule relating
  to the safe care and treatment of patients.
         (e)  All educational attainments or credits for evaluation
  under this chapter must be completed within the United States. The
  department [board] may not accept educational credits attained in a
  foreign country that are not approved by the department [acceptable
  to The University of Texas for credit toward a bachelor's degree].
         (f)  For purposes of this section, a podiatry or chiropody
  school is reputable if:
               (1)  the course of instruction consists of four terms
  of approximately eight months each, or the substantial equivalent;
  and
               (2)  the school is approved by the department [board].
         SECTION 24.  Subchapter F, Chapter 202, Occupations Code, is
  amended by adding Section 202.2525 to read as follows:
         Sec. 202.2525.  CRIMINAL HISTORY RECORD INFORMATION FOR
  LICENSE ISSUANCE. (a)  The department shall require that an
  applicant for a license submit a complete and legible set of
  fingerprints, on a form prescribed by the executive director, to
  the department or to the Department of Public Safety for the purpose
  of obtaining criminal history record information from the
  Department of Public Safety and the Federal Bureau of
  Investigation.
         (b)  The department may not issue a license to a person who
  does not comply with the requirement of Subsection (a).
         (c)  The department shall conduct a criminal history record
  information check of each applicant for a license using
  information:
               (1)  provided by the individual under this section; and
               (2)  made available to the department by the Department
  of Public Safety, the Federal Bureau of Investigation, and any
  other criminal justice agency under Chapter 411, Government Code.
         (d)  The department may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history record information
  check required under this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history record information
  check.
         SECTION 25.  Section 202.253, Occupations Code, is amended
  to read as follows:
         Sec. 202.253.  GROUNDS FOR DENIAL OF LICENSE. (a)  The
  commission may refuse to issue a license or certificate to a person
  who violates this chapter, a rule adopted under this chapter, or an
  order of the commission or executive director.
         (a-1)  The commission or department [board] may refuse to
  admit a person to an examination, and may refuse to issue a license
  to practice podiatry to a person, for:
               (1)  presenting [to the board] a license, certificate,
  or diploma that was illegally or fraudulently obtained or engaging
  in fraud or deception in passing the examination;
               (2)  being convicted of:
                     (A)  a felony;
                     (B)  a crime that involves moral turpitude; or
                     (C)  an offense under Section 202.606;
               (3)  engaging in habits of intemperance or drug
  addiction that in the department's [board's] opinion would endanger
  the health, well-being, or welfare of patients;
               (4)  engaging in grossly unprofessional or
  dishonorable conduct of a character that in the department's
  [board's] opinion is likely to deceive or defraud the public;
               (5)  directly or indirectly violating or attempting to
  violate this chapter or a rule adopted under this chapter as a
  principal, accessory, or accomplice;
               (6)  using any advertising statement of a character
  tending to mislead or deceive the public;
               (7)  advertising professional superiority or the
  performance of professional service in a superior manner;
               (8)  purchasing, selling, bartering, or using or
  offering to purchase, sell, barter, or use a podiatry degree,
  license, certificate, diploma, or a transcript of a license,
  certificate, or diploma, in or incident to an application [to the
  board] for a license to practice podiatry;
               (9)  altering, with fraudulent intent, a podiatry
  license, certificate, diploma, or a transcript of a podiatry
  license, certificate, or diploma;
               (10)  using a podiatry license, certificate, or
  diploma, or a transcript of a podiatry license, certificate, or
  diploma, that has been fraudulently purchased, issued,
  counterfeited, or materially altered;
               (11)  impersonating, or acting as proxy for, another
  person in a podiatry license examination;
               (12)  impersonating a license holder, or permitting
  another person to use the license holder's license to practice
  podiatry in this state, to treat or offer to treat, by any method,
  conditions and ailments of human feet;
               (13)  directly or indirectly employing a person whose
  license to practice podiatry has been suspended or associating in
  the practice of podiatry with a person whose license to practice
  podiatry has been suspended or who has been convicted of the
  unlawful practice of podiatry in this state or elsewhere;
               (14)  wilfully making in the application for a license
  to practice podiatry a material misrepresentation or material
  untrue statement;
               (15)  being unable to practice podiatry with reasonable
  skill and safety to a patient because of age, illness, drunkenness,
  or excessive use of drugs, narcotics, chemicals, or other
  substances or as a result of a mental or physical condition;
               (16)  failing to practice podiatry in an acceptable
  manner consistent with public health and welfare;
               (17)  being removed, suspended, or disciplined in
  another manner by the podiatrist's peers in a professional podiatry
  association or society, whether local, regional, state, or national
  in scope, or being disciplined by a licensed hospital or the medical
  staff of a hospital, including removal, suspension, limitation of
  hospital privileges, or other disciplinary action, if the
  commission or department [board] determines that the action was:
                     (A)  based on unprofessional conduct or
  professional incompetence likely to harm the public; and
                     (B)  appropriate and reasonably supported by
  evidence submitted to the association, society, hospital, or
  medical staff; or
               (18)  having repeated or recurring meritorious health
  care liability claims filed against the podiatrist that in the
  commission's or department's [board's] opinion are evidence of
  professional incompetence likely to injure the public.
         (b)  In enforcing Subsection (a-1)(15) [(a)(15)], the
  department [board], on probable cause, shall request the affected
  podiatrist to submit to a mental or physical examination by a
  physician designated by the department [board]. If the podiatrist
  refuses to submit to the examination, the commission or executive
  director [board] shall issue an order requiring the podiatrist to
  show cause why the podiatrist will not submit to the examination and
  shall schedule a hearing on the order not later than the 30th day
  after the date notice is served on the podiatrist. The podiatrist
  shall be notified by either personal service or certified mail with
  return receipt requested.
         (c)  At the hearing, the podiatrist and the podiatrist's
  attorney may present testimony and other evidence to show why the
  podiatrist should not be required to submit to the examination.
  After a complete hearing, the commission or executive director
  [board] shall issue an order either requiring the podiatrist to
  submit to the examination or withdrawing the request for
  examination.
         SECTION 26.  Sections 202.254(a), (b), and (c), Occupations
  Code, are amended to read as follows:
         (a)  Except as provided by Section 202.261, each applicant
  for a license to practice podiatry in this state must pass an
  examination approved by the department [board]. [Each applicant
  shall pay to the board an examination fee at least 15 days before
  the date of the scheduled examination.]
         (b)  The department shall recognize, prepare, administer, or
  arrange for the administration of an examination under this chapter
  [board may adopt and enforce rules of procedure for administering
  this section. A public board member may not participate in any part
  of the examination process for applicants for a license issued by
  the board that requires knowledge of the practice of podiatry].
         (c)  The license examination must consist of a written and
  practical component. The department [board] shall determine the
  passing score for the examination using accepted
  criterion-referenced methods. The department [board] shall have
  the examination validated by an independent testing professional.
         SECTION 27.  Section 202.257, Occupations Code, is amended
  to read as follows:
         Sec. 202.257.  ISSUANCE OF LICENSE. The department [board]
  shall issue a license to each applicant who possesses the
  qualifications required for a license and passes the examination.
         SECTION 28.  Section 202.259(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission [board] by rule may adopt a procedure for
  the issuance of a temporary license to an applicant other than an
  applicant for a provisional license under Section 202.260.
         SECTION 29.  Sections 202.260(a), (b), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  On application, the department [board] shall grant a
  provisional license to practice podiatry to an applicant who:
               (1)  is licensed in good standing as a podiatrist in
  another state that has licensing requirements that are
  substantially equivalent to the requirements of this chapter;
               (2)  has passed a national or other examination
  recognized by the department [board] relating to the practice of
  podiatry; and
               (3)  is sponsored by a person licensed under this
  chapter with whom the provisional license holder may practice under
  this section.
         (b)  The department [board] may excuse an applicant for a
  provisional license from the requirement of Subsection (a)(3) if
  the department [board] determines that compliance with that
  subdivision [subsection] constitutes a hardship to the applicant.
         (c)  A provisional license is valid until the date the
  department [board] approves or denies the provisional license
  holder's application for a license. Except as provided by
  Subsection (e), the department [board] shall issue a license under
  this chapter to the holder of a provisional license under this
  section if:
               (1)  the provisional license holder passes the
  examination required by Section 202.254;
               (2)  the department [board] verifies that the
  provisional license holder has the academic and experience
  requirements for a license under this chapter; and
               (3)  the provisional license holder satisfies any other
  license requirements under this chapter.
         (d)  The department [board] shall complete the processing of
  a provisional license holder's application for a license not later
  than the 180th day after the date the provisional license is issued.
  The department [board] may extend that deadline to allow for the
  receipt of pending examination results.
         SECTION 30.  Sections 202.261(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  The department [board] may issue a license to practice
  podiatry without administering the examination under Section
  202.254 to a podiatrist who:
               (1)  at the time of applying for a license has accepted
  an appointment or is serving as a full-time member of the faculty of
  an educational institution in this state offering an approved or
  accredited course of study or training leading to a degree in
  podiatry;
               (2)  is licensed to practice podiatry in another state
  that has licensing requirements substantially equivalent to those
  established by this state; and
               (3)  otherwise satisfies the requirements of Section
  202.252.
         (b)  For purposes of Subsection (a)(1), a course of study,
  training, or education is considered to be approved or accredited
  if it is approved or accredited by the department [board] as
  constituting a reputable course of study, training, or education.
  In deciding whether to approve or accredit a course of study,
  training, or education, the department [board] shall consider
  whether the course is approved or accredited by the Council on
  Podiatric Medical Education of the American Podiatric Medical
  Association or its successor organization.
         SECTION 31.  Section 202.262, Occupations Code, is amended
  to read as follows:
         Sec. 202.262.  DISPLAY OF LICENSE. (a) A person licensed
  under this chapter must conspicuously display both the license and
  an unexpired [an annual] renewal certificate [for the current year
  of practice] at the location where the person practices.
         (b)  The person shall exhibit the license and renewal
  certificate to a department [board] representative on the
  representative's official request for examination or inspection.
         SECTION 32.  Section 202.263, Occupations Code, is amended
  to read as follows:
         Sec. 202.263.  ISSUANCE OF DUPLICATE OR AMENDED LICENSE.
  (a) If a license issued by the department [board] is lost,
  destroyed, or stolen from the person to whom it was issued, the
  license holder shall report the fact to the department and [board in
  an affidavit. The affidavit must] include detailed information as
  to the loss, destruction, or theft, giving dates, place, and
  circumstances.
         (b)  A license holder may apply to the department [board] for
  an amended license because of a lawful change in the person's name
  or degree designation or for any other lawful and sufficient
  reason. The license holder must state the reasons that the issuance
  of an amended license is requested.
         (c)  The department [board] shall issue a duplicate or
  amended license on application by a license holder and payment of a
  fee set by the commission [board] for the duplicate or amended
  license. The department [board] may not issue a duplicate or
  amended license unless:
               (1)  the license holder submits sufficient evidence to
  prove the license has been lost, destroyed, or stolen or
  establishes the lawful reason that an amended license should be
  issued; and
               (2)  the department's [board's] records show a license
  had been issued and was in effect at the time of the loss,
  destruction, or theft or on the date of the request for an amended
  license.
         (d)  If an amended license is issued, the license holder
  shall return the original license to the department [board].
         SECTION 33.  Subchapter G, Chapter 202, Occupations Code, is
  amended by adding Section 202.3015 to read as follows:
         Sec. 202.3015.  TERM AND RENEWAL. (a)  A license issued
  under this chapter is valid for one or two years as determined by
  commission rule.
         (b)  The commission by rule shall establish the requirements
  for renewing a license and issuing a renewal certificate under this
  chapter, including payment of applicable fees.
         SECTION 34.  Subchapter G, Chapter 202, Occupations Code, is
  amended by adding Section 202.3025 to read as follows:
         Sec. 202.3025.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE RENEWAL. (a)  An applicant renewing a
  license issued under this chapter shall submit a complete and
  legible set of fingerprints for purposes of performing a criminal
  history record information check of the applicant as provided by
  Section 202.2525.
         (b)  The department may administratively suspend or refuse
  to renew the license of a person who does not comply with the
  requirement of Subsection (a).
         (c)  A license holder is not required to submit fingerprints
  under this section for the renewal of the license if the license
  holder has previously submitted fingerprints under:
               (1)  Section 202.2525 for the initial issuance of the
  license; or
               (2)  this section as part of a prior license renewal.
         SECTION 35.  Section 202.303, Occupations Code, is amended
  to read as follows:
         Sec. 202.303.  PRACTICE WITHOUT RENEWING LICENSE. A person
  who practices podiatry with [without] an expired [annual] renewal
  certificate [for the current year] is considered to be practicing
  without a license and is subject to all the penalties of the
  practice of podiatry without a license.
         SECTION 36.  Sections 202.304(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  Except as provided by Subsection (c), this section
  applies to a podiatrist whose license has been suspended or
  revoked, or whose most recently issued [annual] renewal certificate
  has expired, while the podiatrist has been:
               (1)  engaged in federal service or on active duty with:
                     (A)  the United States Army;
                     (B)  the United States Navy;
                     (C)  the United States Marine Corps;
                     (D)  the United States Coast Guard; or
                     (E)  the United States Air Force;
               (2)  called into service or training of the United
  States; or
               (3)  in training or education under the supervision of
  the United States before induction into military service.
         (b)  A podiatrist subject to this section may renew the
  podiatrist's license without paying a renewal fee for the expired
  license or passing an examination if, not later than the first
  anniversary of the date of the termination of service, training, or
  education described by Subsection (a), other than by dishonorable
  discharge, the podiatrist furnishes to the department [board] an
  affidavit stating that the podiatrist has been so engaged and that
  the service, training, or education has terminated.
         SECTION 37.  Section 202.305, Occupations Code, is amended
  to read as follows:
         Sec. 202.305.  CONTINUING EDUCATION.  (a)  The commission by
  rule shall establish the minimum number of hours of continuing
  education required for license renewal.
         (a-1)  The department [board] shall develop a mandatory
  continuing education program in accordance with commission rules.
  In developing its program, the department [board] shall:
               (1)  [establish by rule the minimum hours of continuing
  education required for license renewal;
               [(2)]  identify the key factors that lead to the
  competent performance of professional duties;
               (2) [(3)]  develop a process to evaluate and approve
  continuing education courses; and
               (3) [(4)]  develop a process to assess the
  participation and performance of license holders in continuing
  education courses to enable the department [board] to evaluate the
  overall effectiveness of the program.
         (b)  The department [board] may assess the continuing
  education needs of a license holder and require the license holder
  to attend continuing education courses specified by the department
  [board].
         SECTION 38.  The heading to Section 202.352, Occupations
  Code, is amended to read as follows:
         Sec. 202.352.  [BOARD] APPROVAL OF NAMES UNDER WHICH
  PODIATRIST MAY PRACTICE.
         SECTION 39.  Sections 202.352(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  The commission [board] may adopt rules establishing
  standards or guidelines for the name, including a trade name or
  assumed name, under which a podiatrist may conduct a practice in
  this state. In its rules, the commission [board] may also establish
  procedures to review and make determinations approving or
  disapproving a specific name submitted to the department [board] by
  one or more podiatrists desiring to practice under a particular
  name.
         (b)  The authority granted to the commission and department
  [board] by this section includes any form of business organization
  under which a podiatrist conducts a practice, including:
               (1)  a sole proprietorship;
               (2)  an association;
               (3)  a partnership;
               (4)  a professional corporation;
               (5)  a clinic;
               (6)  a health maintenance organization; and
               (7)  a group practice with a practitioner of another
  branch of the healing art.
         SECTION 40.  Sections 202.353(a), (c), (d), (e), (f), (g),
  (h), and (i), Occupations Code, are amended to read as follows:
         (a)  An insurer who delivers or issues for delivery in this
  state professional liability insurance coverage to a podiatrist who
  practices in this state shall furnish to the department [board] the
  information specified in Subsection (b) relating to:
               (1)  a notice of claim letter or a complaint filed
  against the insured in a court, if the notice of claim letter or the
  complaint seeks the recovery of damages based on the insured's
  conduct in providing or failing to provide medical or health care
  services; or
               (2)  a settlement of a claim or other legal action made
  by the insurer on behalf of the insured.
         (c)  If a podiatrist who practices in this state is not
  covered by professional liability insurance or is insured by an
  insurer who is not authorized to write professional liability
  insurance for podiatrists in this state, the affected podiatrist
  shall submit information to the department [board] relating to any
  malpractice action brought against that podiatrist. The podiatrist
  shall submit the information as required by rules adopted by the
  commission [board] under Subsections (d)-(f).
         (d)  In consultation with the commissioner of insurance, the
  commission [board] shall adopt rules for reporting the information
  required under Subsections (a) and (b) and any additional
  information required by the department [board].
         (e)  The department [board] shall consider other claim
  reports required under state or federal law in determining:
               (1)  any additional information to be reported;
               (2)  the form of the report; and
               (3)  reasonable reporting intervals.
         (f)  The department [board] may require additional
  information, including:
               (1)  the date of a judgment, dismissal, or settlement
  of a malpractice action;
               (2)  whether an appeal has been taken and the identity
  of the party appealing; and
               (3)  the amount of any judgment or settlement.
         (g)  An insurer, an agent or employee of the insurer, a
  commission [board] member, or an employee or representative of the
  department [board] is not liable or subject to a cause of action for
  an action taken as required under this section.
         (h)  A report or information submitted to the department
  [board] under this section or the fact that a report or information
  has been submitted may not be offered in evidence or in any manner
  used in the trial of an action brought against a podiatrist based on
  the podiatrist's conduct in providing or failing to provide medical
  or health care services.
         (i)  The department [board] shall review the information
  relating to a podiatrist against whom three or more malpractice
  claims have been reported during any five-year period in the same
  manner as if a complaint against that podiatrist had been made to
  the department [board] under Subchapter E.
         SECTION 41.  Sections 202.404(d) and (e), Occupations Code,
  are amended to read as follows:
         (d)  The privilege and confidentiality requirements under
  this subchapter do not apply in a criminal investigation of or
  criminal proceeding against a podiatrist in which the department
  [board] is participating or assisting by providing certain records
  obtained from the podiatrist. This subsection does not authorize
  the release of any confidential information to instigate or
  substantiate criminal charges against a patient.
         (e)  The department [board] shall protect the identity of a
  patient whose podiatric records are examined or provided under
  Subsection (c) or (d), other than a patient who:
               (1)  is covered under Subsection (a)(1); or
               (2)  has submitted written consent to the release of
  the patient's podiatric records as provided by Section 202.406.
         SECTION 42.  Section 202.452(a), Occupations Code, is
  amended to read as follows:
         (a)  Written or oral communications made to a podiatric peer
  review committee and the records and proceedings of a peer review
  committee may be disclosed to:
               (1)  another podiatric peer review committee;
               (2)  an appropriate state or federal agency;
               (3)  a national accreditation body; or
               (4)  the department [board] or the state board of
  registration or licensing of podiatrists in another state.
         SECTION 43.  Section 202.453, Occupations Code, is amended
  to read as follows:
         Sec. 202.453.  INFORMATION PROVIDED TO AFFECTED PODIATRIST.
  A podiatric peer review committee that takes action that could
  result in censure or suspension, restriction, limitation, or
  revocation of a license by the commission or executive director
  [board] or a denial of a podiatrist's membership or privileges in a
  health care entity shall provide the affected podiatrist a written
  copy of the committee's recommendation and a copy of the final
  decision, including a statement of the basis for the decision.
         SECTION 44.  Section 202.455(f), Occupations Code, is
  amended to read as follows:
         (f)  The disclosure of documents or information under a
  subpoena issued by the department [board] does not constitute a
  waiver of the confidentiality privilege associated with a podiatric
  peer review committee proceeding.
         SECTION 45.  Section 202.456(b), Occupations Code, is
  amended to read as follows:
         (b)  A person, including a health care entity or podiatric
  peer review committee, that participates in podiatric peer review
  activity or furnishes records, information, or assistance to a
  podiatric peer review committee or to the department [board] is
  immune from civil liability arising from those acts if the person
  acted in good faith and without malice.
         SECTION 46.  The heading to Section 202.501, Occupations
  Code, is amended to read as follows:
         Sec. 202.501.  [BOARD] DISCIPLINARY POWERS; ADMINISTRATIVE
  PROCEDURE.
         SECTION 47.  Sections 202.501(a) and (d), Occupations Code,
  are amended to read as follows:
         (a)  The commission or executive director [board] shall
  revoke or suspend a license, place on probation a person whose
  license has been suspended, or reprimand a license holder for
  violating the law regulating the practice of podiatry or a rule
  adopted by the commission under this chapter [board].
         (d)  A person whose license to practice podiatry has been
  revoked or suspended by order of the commission or executive
  director [board] may appeal the action to a district court in Travis
  County. The [board's] decision of the commission or the executive
  director may not be enjoined or stayed except on application to the
  district court after notice to the department [board].
         SECTION 48.  Section 202.502, Occupations Code, is amended
  to read as follows:
         Sec. 202.502.  REVOCATION AND SUSPENSION OF LICENSE FOR
  DRUG-RELATED FELONY CONVICTION. (a) The commission or executive
  director [board] shall suspend a person's license after an
  administrative hearing conducted in accordance with Chapter 2001,
  Government Code, in which the commission or executive director
  [board] determines that the license holder has been convicted of a
  felony under Chapter 481 or 483, Health and Safety Code, or Section
  485.033, Health and Safety Code.
         (b)  On the person's final conviction, the commission or
  executive director [board] shall revoke the person's license.
         (c)  The department [board] may not reinstate or reissue a
  license to a person whose license is suspended or revoked under this
  section except on an express determination based on substantial
  evidence contained in an investigative report indicating that the
  reinstatement or reissuance of the license is in the best interests
  of the public and of the person whose license has been suspended or
  revoked.
         SECTION 49.  The heading to Section 202.503, Occupations
  Code, is amended to read as follows:
         Sec. 202.503.  PROBATION[; HEARING].
         SECTION 50.  Section 202.503(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission or executive director [board, on
  majority vote,] may probate an order revoking [or suspending] a
  podiatrist's license conditioned on the podiatrist conforming to
  any order or rule the commission [board] adopts as the condition of
  probation. The commission or executive director [board], at the
  time of probation, shall set the term of the probationary period.
         SECTION 51.  Section 202.504, Occupations Code, is amended
  to read as follows:
         Sec. 202.504.  REISSUANCE OF LICENSE. (a) On application,
  the department [board] may reissue a license to practice podiatry
  to a person whose license has been revoked or suspended.
         (b)  A person whose license has been revoked may not apply
  for a reissued license before the first anniversary of the date of
  the revocation. The person shall apply for the license in the
  manner and form required by the department [board].
         SECTION 52.  Section 202.505, Occupations Code, is amended
  to read as follows:
         Sec. 202.505.  REEXAMINATION IF LICENSE SUSPENDED OR
  REVOKED. The department [board] may refuse to reinstate a license
  or to issue a new license until a podiatrist has passed the regular
  license examination if the commission or executive director [board]
  suspended or revoked the license for:
               (1)  failure to satisfy continuing education
  requirements under Section 202.305; or
               (2)  nonpayment of the [annual] license renewal fee.
         SECTION 53.  Subchapter K, Chapter 202, Occupations Code, is
  amended by adding Section 202.5071 to read as follows:
         Sec. 202.5071.  SUBPOENA AUTHORITY. The department may
  issue a subpoena as provided by Section 51.3512.
         SECTION 54.  Section 202.5085, Occupations Code, is amended
  to read as follows:
         Sec. 202.5085.  REFUND. (a) Subject to Subsection (b), the
  commission or executive director [board] may order a person
  licensed under this chapter to pay a refund to a consumer as
  provided in an agreed settlement, default order, or commission
  order [agreement resulting from an informal settlement conference]
  instead of or in addition to imposing an administrative penalty
  against the person [under this chapter].
         (b)  The amount of a refund ordered [as provided in an
  agreement resulting from an informal settlement conference] may not
  exceed the amount the consumer paid to the person for a service
  regulated by this chapter. The commission or executive director
  [board] may not require payment of other damages or estimate harm in
  a refund order.
         SECTION 55.  Section 202.509, Occupations Code, is amended
  to read as follows:
         Sec. 202.509.  CONFIDENTIALITY AND DISCLOSURE OF
  INVESTIGATIVE INFORMATION. (a) Except as provided by Subsections
  (b), (d), and (f) of this section, Section 202.2031, and Section
  202.2032, a [A] complaint, report, investigation file, or other
  investigative information in the possession of or received or
  gathered by the department [board] or an employee or agent of the
  department [board] that relates to a license holder, a license
  application, or a criminal investigation or proceeding is
  privileged, confidential, and not subject to discovery, subpoena,
  or any other legal method of compelling release.
         (b)  Subject to any other privilege or restriction
  established by law, not later than the 30th day after the date the
  department [board] receives a written request from a license
  holder, or the license holder's attorney, who is the subject of a
  formal complaint, the department [board] shall provide the license
  holder with access to all information in the department's [board's]
  possession that the department [board] intends to offer into
  evidence at the contested case hearing on the complaint. The
  department [board] may provide access to the information to the
  license holder after the 30th day after the date the department
  [board] receives a request only on a showing of good cause.
         (c)  The department [board] is not required under Subsection
  (b) to provide access to the department's [board's] investigative
  reports or memoranda, release the identity of a complainant who
  will not testify at the hearing, or release information that is an
  attorney's work product or protected by the attorney-client
  privilege or another privilege recognized by the Texas Rules of
  Civil Procedure or Texas Rules of Evidence. [The furnishing of
  information under Subsection (b) does not constitute a waiver of
  any privilege or confidentiality provision under law.]
         (d)  Investigative information in the department's [board's]
  possession that relates to a disciplinary action regarding a
  license holder may be disclosed to:
               (1)  a licensing agency regulating the practice of
  podiatry in another state or country in which the license holder is
  also licensed or has applied for a license; [or]
               (2)  a peer review committee reviewing a license
  holder's application for privileges or the license holder's
  qualifications with regard to retaining the privileges;
               (3)  a person involved with the department in a
  disciplinary action against the license holder;
               (4)  a peer assistance program approved by the
  commission under Chapter 467, Health and Safety Code;
               (5)  a law enforcement agency; and
               (6)  a person engaged in bona fide research, provided
  all individual-identifying information has been deleted.
         (e)  The department [board] shall report to the appropriate
  law enforcement agency information obtained by the department
  [board] in the course of an investigation that indicates that a
  crime may have been committed. The department [board] shall
  cooperate and assist a law enforcement agency conducting a criminal
  investigation of a license holder by providing relevant information
  to the agency. Information provided to a law enforcement agency by
  the department [board] is confidential and may not be disclosed
  except as necessary to conduct the investigation.
         (f)  The department [board] shall provide information to a
  health care entity on the written request of the entity concerning:
               (1)  a complaint filed against a license holder that
  was resolved after an investigation by the department [board] or
  resolved by an agreed settlement; and
               (2)  the basis for and status of an active
  investigation concerning a license holder.
         (g)  The department's disclosure of information under
  Subsection (b), (d), or (f) of this section, Section 202.2031, or
  Section 202.2032 does not constitute a waiver of privilege or
  confidentiality under this chapter or any other law.
         (h)  The department shall protect the identity of a
  complainant to the extent possible.
         SECTION 56.  The heading to Subchapter M, Chapter 202,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER M. [OTHER] PENALTIES AND ENFORCEMENT PROVISIONS
         SECTION 57.  Subchapter M, Chapter 202, Occupations Code, is
  amended by adding Section 202.6011 to read as follows:
         Sec. 202.6011.  PENALTY SCHEDULE. The commission by rule
  shall develop a standardized penalty schedule, including
  recommended penalty amounts for each category of punishable conduct
  listed in the schedule, based on the criteria listed in Section
  51.302(b).
         SECTION 58.  Section 202.602, Occupations Code, is amended
  to read as follows:
         Sec. 202.602.  MONITORING AND INSPECTION OF LICENSE HOLDER.  
  (a) The commission [board] by rule shall develop a system to
  monitor a podiatrist's compliance with this chapter. The system
  must include:
               (1)  procedures for determining whether a podiatrist is
  in compliance with an order issued by the commission or executive
  director [board]; and
               (2)  a method of identifying and monitoring each
  podiatrist who represents a risk to the public.
         (b)  The department [board], during reasonable business
  hours, may enter the business premises of a person regulated by the
  department under this chapter [board] without notice to:
               (1)  investigate a complaint filed with the department
  [board]; or
               (2)  determine compliance with an order of the
  commission or executive director issued under this chapter [board].
         SECTION 59.  Section 202.603, Occupations Code, is amended
  to read as follows:
         Sec. 202.603.  PROSECUTION OF VIOLATION. The department
  [board] shall take action to ensure the prosecution of each person
  who violates this chapter and may incur reasonably necessary
  related expenses.
         SECTION 60.  Section 202.604, Occupations Code, is amended
  to read as follows:
         Sec. 202.604.  CIVIL PENALTY: USE OF TRADE NAME;
  INJUNCTION. (a) A person who violates Section 202.352 or a rule
  adopted or a determination made by the commission [board] under
  that section is subject to a civil penalty of not less than $50 or
  more than $500 for each day of violation.
         (b)  If it appears that a person has violated or is violating
  Section 202.352 or a rule adopted or determination made by the
  commission [board] under that section, the department [board] may
  institute a civil action in district court for:
               (1)  injunctive relief to restrain the person from
  continuing the violation;
               (2)  the assessment and recovery of a civil penalty
  under Subsection (a); or
               (3)  both injunctive relief and the civil penalty.
         (c)  At the request of the department [board], the attorney
  general shall institute and conduct the action in the name of the
  state.
         SECTION 61.  Section 481.352, Health and Safety Code, is
  amended to read as follows:
         Sec. 481.352.  MEMBERS. The work group is composed of:
               (1)  the executive director of the board or the
  executive director's designee, who serves as chair of the work
  group;
               (2)  the commissioner of state health services or the
  commissioner's designee;
               (3)  the executive director of the Texas Medical Board
  or the executive director's designee;
               (4)  the executive director of the Texas Board of
  Nursing or the executive director's designee;
               (5)  the executive director of the Texas Physician
  Assistant Board or the executive director's designee;
               (6)  the executive director of the State Board of
  Dental Examiners or the executive director's designee;
               (7)  the executive director of the Texas Optometry
  Board or the executive director's designee;
               (8)  the executive director of the Texas Department of
  Licensing and Regulation [State Board of Podiatric Medical
  Examiners] or the executive director's designee;
               (9)  the executive director of the State Board of
  Veterinary Medical Examiners or the executive director's designee;
  and
               (10)  a medical examiner appointed by the board.
         SECTION 62.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 202.002;
               (2)  Section 202.052;
               (3)  Sections 202.059(b) and (c);
               (4)  Section 202.060;
               (5)  Subchapter C, Chapter 202;
               (6)  Section 202.151;
               (7)  Section 202.152;
               (8)  Section 202.1525;
               (9)  Section 202.154;
               (10)  Section 202.1545;
               (11)  Section 202.155;
               (12)  Section 202.156;
               (13)  Section 202.157;
               (14)  Section 202.158;
               (15)  Section 202.162;
               (16)  Section 202.163;
               (17)  Section 202.201;
               (18)  Section 202.202;
               (19)  Section 202.203;
               (20)  Section 202.204;
               (21)  Section 202.205;
               (22)  Sections 202.252(c) and (d);
               (23)  Section 202.254(e);
               (24)  Section 202.255;
               (25)  Section 202.264;
               (26)  Section 202.301;
               (27)  Section 202.302;
               (28)  Section 202.501(b);
               (29)  Sections 202.503(b), (c), (d), and (e);
               (30)  Section 202.507;
               (31)  Section 202.508;
               (32)  Section 202.510;
               (33)  Subchapter L, Chapter 202;
               (34)  Section 202.601; and
               (35)  Section 202.6015.
         SECTION 63.  (a)  In this section:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (2)  "Department" means the Texas Department of
  Licensing and Regulation.
               (3)  "Former board" means the Texas State Board of
  Podiatric Medical Examiners.
         (b)  On September 1, 2017:
               (1)  all functions and activities performed by the
  former board immediately before that date are transferred to the
  department;
               (2)  all rules, fees, policies, procedures, decisions,
  and forms adopted by the former board are continued in effect as
  rules, fees, policies, procedures, decisions, and forms of the
  commission or the department, as applicable, and remain in effect
  until amended or replaced by the commission or department;
               (3)  a complaint, investigation, contested case, or
  other proceeding before the former board that is pending on
  September 1, 2017, is transferred without change in status to the
  department or the commission, as appropriate;
               (4)  all money, contracts, leases, property, and
  obligations of the former board are transferred to the department;
               (5)  all property in the custody of the former board is
  transferred to the department; and
               (6)  the unexpended and unobligated balance of any
  money appropriated by the legislature for the former board is
  transferred to the department.
         (c)  The former board shall provide the department with
  access to any systems or information necessary for the department
  to accept the program transferred under this Act, including:
               (1)  licensing, revenue, and expenditure systems;
               (2)  rights to service contracts and licensing
  agreements;
               (3)  use of online renewal and new application systems;
  and
               (4)  review and resolution of pending judgments and
  outstanding expenditures.
         (d)  Unless the context indicates otherwise, a reference to
  the former board in a law or administrative rule means the
  commission or the department, as applicable.
         (e)  A license or certificate issued by the former board is
  continued in effect as a license or certificate of the department.
         (f)  On September 1, 2017, all full-time equivalent employee
  positions at the former board that primarily concern the
  administration or enforcement of Chapter 202, Occupations Code,
  become positions at the department.  The department shall post the
  positions for hiring and, when filling the positions, shall give
  first consideration to, but is not required to hire, an applicant
  who, as of August 31, 2017, was an employee at the former board
  primarily involved in administering or enforcing Chapter 202,
  Occupations Code.
         SECTION 64.  (a) On September 1, 2017, the terms of the
  members serving on the Texas State Board of Podiatric Medical
  Examiners expire, and the Texas State Board of Podiatric Medical
  Examiners is abolished.
         (b)  Not later than December 1, 2017, the governor shall
  appoint members to the Podiatric Medical Examiners Advisory Board
  in accordance with Section 202.051, Occupations Code, as amended by
  this Act. A member whose term expired under Subsection (a) of this
  section is eligible for reappointment to the advisory board.
         (c)  The members whose terms expire under Subsection (a) of
  this section shall continue to provide advice to the Texas
  Department of Licensing and Regulation until a majority of the
  members of the advisory board are appointed under Subsection (b) of
  this section and qualified.
         SECTION 65.  Section 202.061, Occupations Code, as amended
  by this Act, applies only to a member of the Podiatric Medical
  Examiners Advisory Board appointed on or after the effective date
  of this Act.
         SECTION 66.  (a) As soon as possible after the effective
  date of this Act, the Texas Commission of Licensing and Regulation
  shall adopt the rules necessary to implement Section 202.252,
  Occupations Code, as amended by this Act.
         (b)  Not later than September 1, 2019, the Texas Department
  of Licensing and Regulation shall obtain criminal history record
  information on each person who, on the effective date of this Act,
  holds a license issued under Chapter 202, Occupations Code, and did
  not undergo a criminal history record information check based on
  the license holder's fingerprints on initial application for the
  license. The department may suspend the license of a license holder
  who does not provide the criminal history record information as
  required by the department and this subsection.
         SECTION 67.  The changes in law made by this Act do not
  affect the validity of a disciplinary action or other proceeding
  that was initiated before the effective date of this Act and that is
  pending before a court or other governmental entity on the
  effective date of this Act.
         SECTION 68.  (a)  A violation of a law that is repealed by
  this Act is governed by the law in effect when the violation was
  committed, and the former law is continued in effect for that
  purpose.
         (b)  For purposes of this section, a violation was committed
  before the effective date of this Act if any element of the
  violation occurred before that date.
         SECTION 69.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3078 was passed by the House on May 6,
  2017, by the following vote:  Yeas 143, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3078 on May 22, 2017, by the following vote:  Yeas 139, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3078 was passed by the Senate, with
  amendments, on May 19, 2017, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor