HBA-MPM C.S.H.B. 2175 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2175 By: Uher Public Health 4/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires the Texas Board of Chiropractic Examiners (board) to keep a written record of its proceedings, as well as all information on each applicant, and to file that record with the secretary of state, rather than to simply keep vital information on each applicant on file. C.S.H.B. 2175 removes the requirement that the board submit a record of its proceedings showing certain information about each applicant, and the requirement that the secretary of the board is required to transmit an official copy of the register to the secretary of state for permanent record on May 1st of each year. Furthermore, this bill removes the criminal penalty (Class A misdemeanor) for practicing without a license and instead provides for an injunctive proceeding or a civil proceeding. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), to require the Texas Board of Chiropractic Examiners (board) to maintain records regarding each person licensed or registered with the board. Provides that the records must include the name, residence address, and address of each place of business at which the person engages in the chiropractic practice. Deletes existing text specifying that the board is required to preserve a record of its proceedings showing certain information about each applicant, and that the secretary of the board (secretary) is required to transmit an official copy of the register to the secretary of state for permanent record on May 1st of each year, a certified copy of which, with hand and seal of the secretary or the hand of the secretary of state under the state seal, is required to be admitted in evidence in all courts. SECTION 2. Amends Section 5a(c), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), to require the board to bring an action for injunctive proceedings or other civil proceedings as necessary to enforce this Act. Deletes existing text stating that a person who violates this section commits a Class A misdemeanor offense. Further deletes text regarding the previous conviction of a defendant under this section. SECTION 3. Repealer: Sections 19 (Punishment for Violations) and 19a (Administrative and Civil Penalties; Payment), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.). These sections, respectively, provide that except as provided by Section 5a of this Act, a person who violates any provision of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for no more than 30 days; and provide that administrative penalties may be assessed against a person licensed or regulated under this Act who violates it or a rule adopted under it; the penalty amount not to exceed $1,000 for a violation; and address court action involving the penalty and payment of the penalty by the violator. SECTION 4. (a) Provides that except as provided by Subsection (b) of this section, a remedy for an offense under Section 5a(c), 19, or 19a, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), regardless of whether the offense is committed before, on, or after the effective date of this Act, is the remedy provided by Section 5a(c), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), as amended by this Act. (b) Makes this section inapplicable to the punishment of a defendant finally convicted before the effective date of this Act, and provides that the punishment for a final conviction existing on the effective date of this Act is unaffected by the Act. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2175 differs from the original bill in SECTION 3 by repealing Section 19, Article 4512b, V.T.C.S., in addition to Section 19a. Section 19 provides that except as provided by Section 5a of this Act (concerning the practice of chiropractic), a person who violates any provision of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for no more than 30 days. The substitute differs from the original in SECTION 4 (a) by providing that except as provided by Subsection (b) of this section, a remedy, rather than punishment, for an offense under Section 5a(c), 19, or 19a, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), regardless of whether the offense is committed before, on, or after the effective date of this Act, is the remedy, rather than punishment, provided by Section 5a(c), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), as amended by this Act.