HBA-NMO H.B. 2085 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2085
By: McCall
Public Health
3/9/1999
Introduced




BACKGROUND AND PURPOSE 

The Texas Department of Health (TDH) is responsible for protecting and
promoting the health of the citizens of this state.  TDH administers
Medicaid acute services as well as other health care plans. The agency has
broad regulatory authority over various health professions and health care
facilities, as well as food and drug safety and environmental health
matters.  Federal funds account for about 60 percent of the agency's budget
of $6.5 billion.  The agency is governed by the six-member Board of Health
(board), appointed by the governor, and assisted in its various
responsibilities by 25 advisory committees. 

TDH is subject to the Texas Sunset Act and will be abolished on September
1, 1999, unless continued by the legislature.  The Sunset Advisory
Commission has recommended continuation of the agency with several
statutory modifications.  

H.B. 2085 continues TDH until September 1, 2011 and makes statutory
modifications recommended by the Sunset Advisory Commission. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Department of Health is
modified in SECTION 1.08 (Section 12.004, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  GENERAL OPERATIONS AND ADMINISTRATION
OF THE TEXAS BOARD
AND DEPARTMENT OF HEALTH

SECTION 1.01.  Amends Section 2003.021, Government Code, by adding
Subsection (e), as follows: 

(e) Requires the State Office of Administrative Hearings to conduct all
hearings in contested cases under Chapter 2001 (Administrative Procedure),
Government Code, that are before the commissioner of health (commissioner),
the Texas Board of Health (board), or the Texas Department of Health (TDH). 

SECTION 1.02.  Amends Section 11.003, Health and Safety Code, to continue
TDH until September 1, 2011, rather than September 1, 1999. 

SECTION 1.03.  Amends Chapter 11, Health and Safety Code, by adding Section
11.0045, as follows: 

Sec. 11.0045.  COMPREHENSIVE STRATEGIC AND OPERATIONAL PLAN.  Requires the
board  to develop, publish, and implement a comprehensive strategic and
operational plan.  Requires the board to publish, make available to the
public, and submit the plan to the governor, lieutenant governor, speaker
of the house of representatives, Legislative Budget  Board, and committees
of the senate and house of representatives that have oversight
responsibilities regarding the board and TDH not later September 1 of each
even-numbered year.  Provides that the plan must specify and analyze TDH's
missions and the methods it will use to integrate and coordinate all agency
operations, address areas of overlap between programs in order to
streamline agency operations, and sets forth other features the plan must
include. 

SECTION 1.04.  Amends Chapter 11, Health and Safety Code, by adding Section
11.0055, as follows: 

Sec. 11.0055.  REQUIRED BOARD MEMBER TRAINING.  Sets forth standard Sunset
language regarding board member training. 

SECTION 1.05.  Amends Section 11.006(a), Health and Safety Code, to amend
existing language to conform to standard Sunset language regarding
conflicts of interest. 

SECTION 1.06.  Amends Section 11.009(c), Health and Safety Code, to set
forth standard Sunset language regarding removal. 

SECTION 1.07.  Amends Section 11.018(d), Health and Safety Code, to require
TDH to maintain certain information on written complaints filed with TDH. 

SECTION 1.08.  Amends Subchapter A, Chapter 12, Health and Safety Code, by
adding Section 12.004, as follows: 

Sec. 12.004.  DEVELOPMENT OF PROPOSED RULES.  Requires the board to require
TDH to establish and use a method for soliciting stakeholder input when
developing rules for programs administered by TDH.  Prohibits the challenge
of a rule adopted by the board on the grounds that the board, commissioner,
or TDH did not comply with this section. 

SECTION 1.09.  Amends Subchapter B, Chapter 12, Health and Safety Code, by
adding Section 12.0115, as follows: 

Sec. 12.0115.  INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.  Defines
"health care delivery programs" under this section.  Requires TDH to
integrate health care delivery programs, including Medicaid and
non-Medicaid programs, to the maximum extent possible.  Specifies that at a
minimum integration must include policy development and implementation, and
contract development.  Authorizes TDH to seek certain federal waivers.
Prohibits TDH from integrating health care delivery programs in a way that
affects the single state agency status of another state agency for federal
purposes without obtaining the approval of the Health and Human Services
Commission and any necessary federal approval. 

SECTION 1.10.  Amends Subchapter B, Chapter 12, Health and Safety Code, by
adding Sections 12.0123 and 12.0124, as follows: 

Sec. 12.0123.  ANNUAL EXTERNAL AUDIT OF MEDICAID FISCAL AGENT.  Defines
"fiscal agent" under this section.  Requires TDH, or any agency that
administers the state's Medicaid program in the future to annually obtain
an external audit of the Medicaid fiscal agent. 

Sec. 12.0124.  ELECTRONIC FUNDS TRANSFER REQUIREMENT FOR MEDICAID FISCAL
INTERMEDIARY.  Requires a Medicaid fiscal intermediary who makes payments
to service providers on behalf of TDH to use electronic funds transfer when
making such payments. 

SECTION 1.11.  Amends Subchapter B, Chapter 12, Health and Safety Code, by
adding Sections 12.0145 and 12.0146, as follows: 

Sec. 12.0145.  INFORMATION ABOUT ENFORCEMENT ACTIONS.  Requires TDH to  use
electronic media, toll-free telephone lines and other appropriate methods
to publish and provide information regarding final enforcement action taken
by TDH, the commissioner, or the board against a person or facility
regulated by TDH. 

Sec. 12.0146.  TRENDS IN ENFORCEMENT.  Requires TDH to publish enforcement
trends annually. 

SECTION 1.12.  Amends Section 466.001(a), Health and Safety Code, to
designate TDH as the only state agency with the authority to regulate
narcotic treatment programs within the state, by deleting the Texas
Commission on Alcohol and Drug Abuse from the provision granting authority
in this area. 

SECTION 1.13.  Amends Section 466.002, Health and Safety Code, to make
conforming changes. 

SECTION 1.14.  Amends Section 466.004, Health and Safety Code, to make
conforming changes. 

SECTION 1.15.  Amends Section 466.022, Health and Safety Code, to make a
conforming change. 

SECTION 1.16.  Repealer:  Section 466.005, Health and Safety Code.  Repeals
to make conforming changes. 

SECTION 1.17.  Repealer:  Section 503.008, Health and Safety Code.  Repeals
to remove the expiration date of the Toxic Substances Coordinating
Committee. 

SECTION 1.18.  Requires TDH to publish the first comprehensive strategic
and operational plan required under Section 11.0045, Health and Safety
Code, not later that September 1, 2000.   

SECTION 1.19.  Requires TDH to conduct a one-time comprehensive impact
study on the effects of Medicaid managed care on all populations served by
TDH and on all health care providers, clinics, and hospitals .  Requires
TDH to submit the study to each presiding officer of each house of the
legislature and of each legislative committee that has oversight
responsibility for TDH, not later than November 1, 2000. 

SECTION 1.20.  Requires TDH, as soon as possible after the effective date
of this Act and to the extent allowed by federal law, but not later than
September 1, 2001, to initiate a pilot project that integrates all
appropriate health-care delivery activities, both Medicaid and
non-Medicaid, into a managed care model.  Provides that the pilot project
terminates September 1, 2001, but authorizes TDH to continue successful
elements of the project after that date.  Requires TDH to make an interim
report regarding it problems and progress in implementing the pilot project
not later than September 1, 2000.  Requires TDH to submit a final
evaluation of the pilot project, in addition to a general evaluation of the
duties imposed on it under Section 12.0115 (Integration of Health Care
Delivery Programs), Health and Safety Code, as part of the comprehensive
strategic and operational plan that TDH is required to publish not later
than September 1, 2002. 

SECTION 1.21.  Requires TDH, with the assistance of the state auditor, to
conduct a comprehensive evaluation of its regulatory functions.  Sets forth
the elements the evaluation must include.  Requires TDH to report the
results of the evaluation to the legislature and to the board not later
than November 1, 2000. 

SECTION 1.22.  Specifies that the only hearings affected by the transfer
under the Administrative Procedures Act of all contested cases from the
commissioner and TDH to the State Office of Administrative Hearings, set
forth in SECTION 1.01 (Section 2003.021, Government Code) of this Act, are
those in which the notice of hearing is given on or after the effective
date of this Act, September 1, 1999.  Provides that this Act does not
transfer from the commissioner, the board, or TDH the responsibility to
conduct a fair hearing that is required under federal law.  Provides that
this Act does not require the commissioner, the board, or TDH to transfer
personnel to the State Office of Administrative Hearings. 

SECTION 1.23.  Sets forth instructional provisions regarding to
prohibitions applying to members  of the board. 

ARTICLE 2.  AMBULATORY SURGICAL CENTERS;
ADMINISTRATIVE PENALTIES

SECTION 2.01.  Amends Chapter 243, Health and Safety Code, by adding
Sections 243.015 and 243.016, as follows: 

Sec. 243.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Sets forth standard
Sunset language regarding the imposition of an administrative penalty by
the advisory board on a person who violates this Act or a rule or order
adopted under this Act. 

Sec. 243.016.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL
REVIEW.  Sets forth standard Sunset language regarding the payment and
collection of the administrative penalty, and the ability of the penalized
person to petition for judicial review. 

ARTICLE 3.  BIRTHING CENTERS; ADMINISTRATIVE
 PENALTIES

SECTION 3.01.  Amends Chapter 244, Health and Safety Code, by adding
Sections 244.015 and 244.016, as follows: 

Sec. 244.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Sets forth standard
Sunset language regarding the imposition of an administrative penalty by
the advisory board on a person who violates this Act or a rule or order
adopted under this Act. 

Sec. 244.016.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL
REVIEW.  Sets forth standard Sunset language regarding the payment and
collection of the administrative penalty, and the ability of the penalized
person to petition for judicial review. 

ARTICLE 4.  SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES

SECTION 4.01.  Amends Chapter 248, Health and Safety Code, by adding
Subchapter D, Sections 248.101-248.113, to set forth standard Sunset
language regarding the imposition of an administrative penalty on a person
who violates this Act or a rule or order adopted under this Act. Sets forth
standard Sunset language regarding the payment and collection of the
administrative penalty, and the ability of the penalized person to petition
for judicial review. 

ARTICLE 5.  ABUSABLE GLUES AND AEROSOL PAINTS;
ADMINISTRATIVE PENALTY

SECTION 5.01.  Amends Chapter 485, Health and Safety Code, by adding
Subchapter D, Sections 485.101-485.113, to set forth standard Sunset
language regarding the imposition of an administrative penalty on a person
who violates this Act or a rule or order adopted under this Act. Sets forth
standard Sunset language regarding the payment and collection of the
administrative penalty, and the ability of the penalized person to petition
for judicial review. 

ARTICLE 6.  HAZARDOUS SUBSTANCES; ADMINISTRATIVE
PENALTY

SECTION 6.01.  Amends Chapter 501, Health and Safety Code, by adding
Subchapter D, Sections 501.101-501.113, to set forth standard Sunset
language regarding the imposition of an administrative penalty on a person
who violates this Act or a rule or order adopted under this Act. Sets forth
standard Sunset language regarding the payment and collection of the
administrative penalty, and the ability of the penalized person to petition
for judicial review. 


 

ARTICLE 7.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE 
TO THE RADIATION ADVISORY BOARD

SECTION 7.01.  Amends Section 401.015, Health and Safety Code, by adding
Subsections (d), (e), and (f), as follows: 

(d) Defines "Texas trade association" under this subsection.  Sets forth
standard Sunset language regarding prohibitions against conflicts of
interest.  
 
(e) Sets forth standard Sunset language regarding prohibitions against
conflicts of interest. 

(f) Sets forth standard Sunset language regarding equal opportunity.

SECTION 7.02.  Amends Subchapter B, Chapter 401, Health and Safety Code, by
adding Sections 401.0151 through 401.0153, as follows: 

Sec. 401.0151.  TRAINING FOR ADVISORY BOARD MEMBERS. Sets forth standard
Sunset language regarding board member training. 

Sec. 401.0152.  INFORMATION ABOUT STANDARDS OF CONDUCT.   Sets forth
standard Sunset language regarding board member standards of conduct. 
 
Sec. 401.0153.  GROUNDS FOR REMOVAL.  Sets forth standard Sunset language
regarding grounds for removal. 

SECTION 7.03.  Amends Section 401.016, Health and Safety Code, to set forth
standard Sunset language regarding designation of the presiding officer by
the governor.  Makes conforming changes. 

SECTION 7.04.  Amends Subchapter B, Chapter 401, Health and Safety Code, by
adding Section 401.0181, as follows: 

Sec. 401.0181.  PUBLIC TESTIMONY.  Sets forth standard Sunset language
regarding public testimony. 

SECTION 7.05.  Sets forth instructional provisions regarding prohibitions
applying to members of the radiation advisory board. 

ARTICLE 8.  STANDARD SUNSET REVIEW PROVISIONS 
APPLICABLE TO THE COUNCIL ON 
ALZHEIMER'S DISEASE

SECTION 8.01.  Amends Section 101.002, Health and Safety Code, by amending
Subsection (c) and adding Subsection (d), as follows: 

(c) Amends existing language to conform with standard Sunset language
regarding designation of the presiding officer by the governor. 

(d) Sets forth standard Sunset language regarding equal opportunity.

SECTION 8.02.  Amends Chapter 101, Health and Safety Code, by adding
Sections 101.0021 through 101.0023, as follows: 

Sec. 101.0021.  CONFLICT OF INTEREST.  Sets forth standard Sunset language
regarding prohibitions against conflicts of interest. 

Sec. 101.0022.  GROUNDS FOR REMOVAL.  Sets forth standard Sunset language
regarding grounds for removal. 

 Sec. 101.0023.  TRAINING.  Sets forth standard Sunset language regarding
board member training. 

SECTION 8.03.  Amends Chapter 101, Health and Safety Code, by adding
Section 101.0065, as follows: 

Sec. 101.0065.  PUBLIC TESTIMONY.  Sets forth standard Sunset language
regarding public testimony. 

SECTION 8.04.  Amends Chapter 101, Health and Safety Code, by adding
Section 101.0075, as follows: 

Sec. 101.0075.  DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.  Sets
forth standard Sunset language regarding division of policy and management
responsibilities. 

SECTION 8.05.  Amends Chapter 101, Health and Safety Code, by adding
Section 101.0081, as follows: 

Sec. 101.0081.  INFORMATION ABOUT STANDARDS OF CONDUCT.  Sets forth
standard Sunset language regarding council member standards of conduct. 

SECTION 8.06.  Sets forth instructional provisions regarding prohibitions
applying to members of the Texas Council on Alzheimer's Disease and Related
Disorders. 

ARTICLE 9.  STANDARD SUNSET REVIEW PROVISIONS 
APPLICABLE TO THE STATEWIDE HEALTH 
COORDINATING COUNCIL 

SECTION 9.01.  Amends Section 104.011, Health and Safety Code, by adding
Subsections (c) and (d), as follows: 

(c) Sets forth standard Sunset language regarding designation of the
presiding officer by the governor. 

(d) Sets forth standard Sunset language regarding equal opportunity.

SECTION 9.02.  Amends Subchapter B, Chapter 104, Health and Safety Code, by
adding Sections 104.0111 through 104.0113, as follows: 

Sec. 104.0111.  CONFLICT OF INTEREST.  Sets forth standard Sunset language
regarding prohibitions against conflicts of interest. 

Sec. 104.0112.  Sec. 101.0022.  GROUNDS FOR REMOVAL.  Sets forth standard
Sunset language regarding grounds for removal. 

Sec.  104.0113.    TRAINING.  Sets forth standard Sunset language regarding
board member training. 

SECTION 9.03.  Amends Subchapter B, Chapter 104, Health and Safety Code by
adding Sections 104.0141 and 104.0142, as follows: 

Sec. 104.0141.  DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.  Sets
forth standard Sunset language regarding division of policy and management
responsibilities. 

Sec. 104.0142.  INFORMATION ABOUT STANDARDS OF CONDUCT.  Sets forth
standard Sunset language regarding council member standards of conduct. 

SECTION 9.04.  Amends Subchapter B, Chapter 104, Health and Safety Code, by
adding Section 104.016, as follows: 
 
Sec. 104.016.  PUBLIC TESTIMONY.  Sets forth standard Sunset language
regarding public testimony. 

SECTION 9.05. Sets forth instructional provisions regarding prohibitions
applying to members of the statewide health coordinating council. 

ARTICLE 10.  STANDARD SUNSET REVIEW PROVISIONS
APPLICABLE TO THE TEXAS DIABETES COUNCIL

SECTION 10.01.  Amends Section 103.002(d), Health and Safety Code, to amend
existing language to conform to standard Sunset language regarding equal
opportunity. 

SECTION 10.02.  Amends Section 103.006, Health and Safety Code, to amend
existing language to conform to standard Sunset language regarding
designation of the presiding officer by the governor. 

SECTION 10.03.  Amends Chapter 103, Health and Safety Code, by adding
Sections 103.0024 and 103.0025, as follows: 

Sec. 103.0024.  TRAINING.  Sets forth standard Sunset language regarding
board member training. 

Sec. 103.0025.  INFORMATION ABOUT STANDARDS OF CONDUCT.  Sets forth
standard Sunset language regarding board member standards of conduct. 

SECTION 10.04.  Amends Chapter 103, Health and Safety Code, by adding
Section 103.0105, as follows: 

Sec. 103.0105.  DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.  Sets
forth standard Sunset language regarding division of policy and management
responsibilities. 

SECTION 10.05. Sets forth instructional provisions regarding prohibitions
applying to members of the Texas Diabetes Council. 

ARTICLE 11.  STANDARD SUNSET REVIEW PROVISIONS 
APPLICABLE TO THE ADVISORY BOARD
OF ATHLETIC TRAINERS

SECTION 11.01.  Amends Section 2, Chapter 498, Acts of the 62nd
Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.,) by amending
Subsections (a) and (b) and adding Subsection (e), as follows: 

(a) Sets forth standard Sunset language regarding public membership.

(b)  Provides that all members of the advisory board hold office for terms
of six years. Provides that the terms of two members expire on January 31
of each odd-numbered year. 

(e)   Sets forth standard Sunset language regarding equal opportunity.

SECTION 11.02.  Amends Chapter 498, Acts of the 62nd Legislature, Regular
Session, 1971 (Article 4512d, V.T.C.S.), by adding Sections 2B, 2C, 2D, 2E,
and 2F, as follows: 

Sec.  2B.  CONFLICT OF INTEREST.  Sets forth standard Sunset language
regarding prohibitions against conflicts of interest. 

Sec.  2C.  GROUNDS FOR REMOVAL.  Sets forth standard Sunset language
regarding grounds for removal. 

Sec.  2D.  TRAINING.  Sets forth standard Sunset language regarding board
member  training. 

Sec.  2E.  INFORMATION ABOUT STANDARDS OF CONDUCT.  Sets forth standard
Sunset language regarding advisory board member standards of conduct. 

Sec.  2F.   DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.  Sets forth
standard Sunset language regarding division of policy and management
responsibilities. 

SECTION 11.03.  Amends Section 3, Chapter 498, Acts of the 62nd
Legislature, Regular Session, 1971, (Article 4512d, V.T.C.S.), by amending
Subsection (a) and adding Subsection (d), as follows: 

(a) Sets forth standard Sunset language regarding designation of the
presiding officer by the governor.  Makes conforming changes. 

(b) Sets forth standard Sunset language regarding public testimony.

SECTION 11.04.  Amends Chapter 498, Acts of the 62nd Legislature, Regular
Session, 1971 (Article 4512d, V.T.C.S.), by adding Section 4A, as follows: 

Sec.  4A.  COMPLAINTS.  Sets forth standard Sunset language regarding
complaints filed with the board. 

SECTION 11.05.  Amends Section 5, Chapter 498, Acts of the 62nd
Legislature, Regular Session, 1971, (Article 4512d, V.T.C.S.), by amending
Subsection (c) and adding Subsection (j), as follows: 

(c) Deletes language requiring the advisory board to establish guidelines
for athletic trainers in this state, which are authorized to include
requirements for continuing education. 

(j) Sets forth standard Sunset language regarding continuing education.

SECTION 11.06.  Amends Chapter 498, Acts of the 62nd Legislature, Regular
Session, 1971 (Article 4512d, V.T.C.S.), by adding Section 5A, as follows: 

Sec. 5A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  Sets forth
standard Sunset language concerning rules regarding advertising or
competitive bidding. 

SECTION 11.07.  Amends Section 11, Chapter 498, Acts of the 62nd
Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.), by amending
Subsections (b)-(e) to update standard Sunset language regarding license
renewal time frames. 

SECTION 11.08.  Amends Section 12, Chapter 498, Acts of the 62nd
Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.), by amending
Subsection (a) and adding Subsection (b), as follows: 

(a) Amends existing language to conform with standard Sunset language
regarding grounds for denial, suspension, or revocation of license. 

(b) Sets forth standard Sunset language regarding grounds for denial,
suspension, or revocation of license. 

SECTION 11.09.   Amends Chapter 498, Acts of the 62nd  Legislature, Regular
Session, 1971 (Article 4512d, V.T.C.S.), by  adding Sections 15A and 15B,
as follows: 

Sec. 15A.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Sets forth standard
Sunset language regarding the imposition of an administrative penalty by
the advisory board on a person who violates this Act or a rule or order
adopted under this Act. 

Sec. 15B.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;  JUDICIAL
REVIEW.  Sets forth standard Sunset language regarding the payment and
collection of the administrative penalty, and the ability of the penalized
person to petition for judicial review. 

SECTION 11.10.  Sets forth instructional provisions regarding prohibitions
applying to members of the Advisory Board of Athletic Trainers. 

SECTION 11.11.  Sets forth instructional provisions regarding the
expiration of terms of members of the Advisory Board of Athletic Trainers
and the appointment of members by the governor. 

ARTICLE 12.  STANDARD SUNSET REVIEW PROVISIONS 
APPLICABLE TO THE REGULATION OF
RESPIRATORY CARE PRACTITIONERS

SECTION 12.01.  Amends Chapter 829, Acts of the 69th Legislature, Regular
Session, 1985 (Article 45121, V.T.C.S.), by adding Sections 3A and 3B, as
follows: 

Sec. 3A.  NOTIFICATION OF EXAMINATION RESULTS.  Sets forth standard Sunset
language regarding notification of exam results. 

Sec.  3B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  Sets forth
standard Sunset language concerning rules regarding advertising or
competitive bidding.   

SECTION 12.02.  Amends Section 7, Chapter 829, Acts of the 69th
Legislature, Regular Session, 1985 (Article 45121, V.T.C.S.),  to set forth
standard Sunset language regarding certificate renewal time frames.  Makes
conforming changes. 

SECTION 12.03.  Amends Chapter 829, Acts of the 69th Legislature, Regular
Session, 1985 (Article 45121, V.T.C.S.), by adding Section 7A, as follows: 

Sec.  7A.  STAGGERED RENEWAL DATES.  Sets forth standard Sunset language
regarding the staggered renewal of certificates. 

ARTICLE 13.  STANDARD SUNSET REVIEW PROVISIONS
APPLICABLE TO THE REGISTRATION OF 
DISPENSING OPTICIANS

SECTION 13.01.  Amends Subsection (b), Section 5, Article 4551-1, V.T.C.S.
(Opticians' Registry Act), to make a conforming change. 

SECTION 13.02.  Amends Article 4551-1, V.T.C.S. (Opticians' Registry Act),
by adding Section 5A, as follows: 

Sec. 5A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  Sets forth
standard Sunset language concerning rules regarding advertising or
competitive bidding. 

SECTION 13.03.  Amends Section 7, Article 4551-1, V.T.C.S. (Opticians'
Registry Act), by adding Subsections (c)-(f), to set forth standard Sunset
language regarding notice of exam results. 

SECTION 13.04.  Amends Section 9, Article 4551-1, V.T.C.S. (Opticians'
Registry Act), to set forth standard Sunset language regarding continuing
education and certificate of registration renewal time frames.  Makes
conforming changes. 

SECTION 13.05.  Amends Section 12, Article 4551-1, V.T.C.S. (Opticians'
Registry Act), to set forth standard Sunset language regarding the full
range of penalties applicable to a certificate of registration holder.
Makes conforming changes. 

 ARTICLE 14.  STANDARD SUNSET REVIEW PROVISIONS 
APPLICABLE TO THE REGULATION OF
MEDICAL RADIOLOGICAL TECHNOLOGISTS

SECTION 14.01.  Amends Section 2.05(d), Article 4512m, V.T.C.S. (Medical
Technologist Certification Act), to amend existing language to conform to
standard Sunset language regarding continuing education. 

SECTION 14.02.  Amends Article 4512m, V.T.C.S. (Medical Technologist
Certification Act), by adding Section 2.055, as follows: 

Sec. 2.055.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  Sets
forth standard Sunset language concerning rules regarding advertising or
competitive bidding.   

SECTION 14.03.  Amends Article 4512m, V.T.C.S. (Medical Technologist
Certification Act), by adding Section 2.075, as follows: 

Sec. 2.075.  PROVISIONAL CERTIFICATES.  Sets forth standard Sunset language
regarding provisional certificates. 

SECTION 14.04.  Amends Section 2.09, Article 4512m, V.T.C.S. (Medical
Technologist Certification Act), by amending Subsection (d) and adding
Subsections (e)-(j), to set forth standard Sunset language regarding
certificate renewal time frames. 

SECTION 14.05.  Amends Article 4512m, V.T.C.S. (Medical Technologist
Certification Act), by adding Sections 2.091 and 2.092, as follows: 

Sec. 2.091.  NOTIFICATION OF EXAMINATION RESULTS.    Sets forth standard
Sunset language regarding notice of exam results. 

Sec. 2.092.  STAGGERED RENEWAL DATES.  Sets forth standard Sunset language
regarding staggered certificate renewal dates. 

ARTICLE 15.  ADMINISTRATIVE PENALTY AND STANDARD SUNSET
REVIEW PROVISIONS APPLICABLE TO THE BOARD
OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS

SECTION 15.01.  Amends Section 5(d), Article 4512n, V.T.C.S. (Texas Medical
Physics Practice Act), to amend existing language to conform to standard
Sunset language regarding equal opportunity. 

SECTION 15.02.  Amends Section 7(d), Article 4512n, V.T.C.S. (Texas Medical
Physics Practice Act), to set forth standard Sunset language regarding
public membership. 

SECTION 15.03.  Amends Article 4512n, V.T.C.S. (Texas Medical Physics
Practice Act), by adding Sections 7A and 7B, as follows: 

Sec. 7A.  CONFLICT OF INTEREST.   Sets forth standard Sunset language
regarding prohibitions against conflicts of interest. 

Sec. 7B.  TRAINING.    Sets forth standard Sunset language regarding board
member training. 

SECTION 15.04.  Amends Section 8, Article 4512n, V.T.C.S. (Texas Medical
Physics Practice Act), to set forth standard Sunset language regarding
grounds for board member removal.  Makes conforming changes. 

SECTION 15.05.  Amends Section 10, Article 4512n, V.T.C.S. (Texas Medical
Physics Practice  Act), by amending Subsection (a) and adding Subsection
(c), as follows: 

(a) Sets forth standard Sunset language regarding the appointment of the
presiding officer of the board by the governor. 

(c) Sets forth standard Sunset language regarding public testimony.

SECTION 15.06.  Amends Section 11, Article 4512n, V.T.C.S. (Texas Medical
Physics Practice Act), to set forth standard Sunset language regarding
continuing education and the division of policy and management
responsibilities.  Makes conforming changes. 

SECTION 15.07.  Amends Article 4512n, V.T.C.S. (Texas Medical Physics
Practice Act), by adding Sections 11A and 11B, as follows: 

Sec.  11A.  COMPLAINTS.  Sets forth standard Sunset language regarding
complaints filed with the board of licensure.  

Sec.  11B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  Sets forth
standard Sunset language concerning rules regarding advertising or
competitive bidding. 

SECTION 15.08.  Amends Section 12, Article 4512n, V.T.C.S. (Texas Medical
Physics Practice Act), by adding Subsection (c), as follows: 

(c) Sets forth standard Sunset language regarding board of licensure member
standards of conduct. 

SECTION 15.09.  Amends Section 18, Article 4512n, V.T.C.S. (Texas Medical
Physics Practice Act), as follows: 

Sec. 18.  New Title: LICENSING BY ENDORSEMENT OR RECIPROCITY.  Sets forth
standard Sunset language regarding licensing by endorsement and
reciprocity.  Makes conforming changes. 

SECTION 15.10.  Amends Section 21, Article 4512n, V.T.C.S. (Texas Medical
Physics Practice Act), to set forth standard Sunset language regarding the
full range of penalties applicable to license holders.  Makes conforming
changes. 

SECTION 15.11.  Amends Article 4512n, V.T.C.S. (Texas Medical Physics
Practice Act), by adding Sections 23A and 23B, as follows: 

Sec. 23A.  IMPOSITION OF ADMINISTRATIVE PENALTY.    Sets forth standard
Sunset language regarding the imposition of an administrative penalty by
the board of licensure on a person who violates this Act or a rule or order
adopted under this Act. 

Sec. 23B.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL
REVIEW.  Sets forth standard Sunset language regarding the payment and
collection of the administrative penalty, and the ability of the penalized
person to petition for judicial review. 

SECTION 15.12.  Amends Article 4512n, V.T.C.S. (Texas Medical Physics
Practice Act), by adding Section 27, as follows: 

Sec.  27.  PROVISIONAL LICENSES.  Sets forth standard Sunset language
regarding provisional licenses. 

SECTION 15.13.  Repealer:  Subsection (e), Section 7, Article 4512n,
V.T.C.S. (Texas Medical Physics Practice Act), on eligibility for
membership on the board of licensure. 

 SECTION 15.14.  Sets forth instructional provisions regarding prohibitions
applying to members of the Texas Board of Licensure for Professional
Medical Physicists. 

ARTICLE 16.  STANDARD SUNSET REVIEW PROVISIONS 
APPLICABLE TO THE REGULATION OF
MASSAGE THERAPISTS

SECTION 16.01.  Amends Subsection (b), Section 2, Chapter 752, Acts of the
69th Legislature, Regular Session, 1985, Article 4512k, V.T.C.S., to delete
existing language to conform to standard Sunset language regarding
licensure by endorsement and reciprocity.  Makes conforming changes. 

SECTION 16.02.  Amends Chapter 752, Acts of the 69th Legislature, Regular
Session, 1985, Article 4512k, V.T.C.S., by adding Sections 2C and 2D, as
follows: 

Sec. 2C.  APPLICANT REGISTERED IN ANOTHER JURISDICTION.  Sets forth
standard Sunset language regarding licensure by endorsement and
reciprocity. 

Sec. 2D.  PROVISIONAL REGISTRATION.  Sets forth standard Sunset language
regarding provisional registration. 

SECTION 16.03.  Amends Chapter 752, Acts of the 69th Legislature, Regular
Session, 1985, Article 4512k, V.T.C.S., by adding Sections 7E, 7F, and 7G,
as follows: 

Sec. 7E.  NOTIFICATION OF EXAMINATION RESULTS.  Sets forth standard Sunset
language regarding notification of exam results. 

Sec. 7F.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING BY REGISTRANT.
Sets forth standard Sunset language concerning rules regarding advertising
or competitive bidding. 

Sec. 7G.  CONTINUING EDUCATION.  Sets forth standard Sunset language
regarding continuing education.  

SECTION 16.04.  Amends Sections 11 and 12, Chapter 752, Acts of the 69th
Legislature, Regular Session, 1985, Article 4512k, V.T.C.S., as follows: 

Sec.  11.  REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR REVOCATION. Sets
forth standard Sunset language regarding the full range of penalties
applicable to license holders.   

Sec.  12.  RENEWAL OF REGISTRATION.  Sets forth standard Sunset language
regarding registration renewal time frames. 

ARTICLE 17.  STANDARD SUNSET REVIEW PROVISIONS AND
CERTAIN OTHER PROVISIONS APPLICABLE TO STATE
REGULATION INVOLVING EMERGENCY MEDICAL SERVICES

SECTION 17.01.  Amends Subchapter A, Chapter 773, Health and Safety Code,
by adding Section 773.012, as follows: 

Sec.  773.012.  ADVISORY COUNCIL.  (a) Requires the governor to appoint an
emergency medical services (EMS) advisory council to advise the board
regarding matters related to the responsibilities of the board,
commissioner, and TDH under this chapter.  Provides that the EMS advisory
council is composed of 15 qualified members appointed by the governor.
Sets forth standard Sunset language regarding public membership.  Sets
forth Sunset language regarding prohibitions against conflicts of interest,
public membership, and appointment of the presiding officer by the
governor.  Provides that a member of the EMS advisory board serves without
compensation. 

 SECTION 17.02.  Amends Section 773.050, Health and Safety Code, to set
forth Sunset language regarding continuing education.  Makes conforming
changes. 

SECTION 17.03.  Amends Subchapter C, Chapter 773, Health and Safety Code,
by adding Section 773.0505, as follows: 

Sec. 773.0505.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets
forth standard Sunset language concerning rules regarding advertising or
competitive bidding. 
  
SECTION 17.04.  Amends Section 773.055, Health and Safety Code, by adding
Subsections (g) and (h), as follows: 

(g) Sets forth standard Sunset language regarding the staggered renewal of
certificates. 

(h) Requires TDH to ensure that examinations for EMS certification are
conducted throughout the state. 

SECTION 17.05.  Amends Section 773.059, Health and Safety Code, as follows:

Sec. 773.059.  LATE RECERTIFICATION.  Sets forth standard Sunset language
regarding registration renewal time frames.  Makes conforming changes. 

SECTION 17.06.  Amends Section 773.061, Health and Safety Code, to set
forth standard Sunset language regarding the full range of penalties
applicable to a license or certificate holder.  Makes conforming changes. 

SECTION 17.07.  Requires the board to abolish any advisory body created to
perform the functions assigned to the advisory council created by Section
773.012, Health and Safety Code, as added by this Act. 

ARTICLE 18.  STANDARD SUNSET REVIEW PROVISIONS 
APPLICABLE TO THE REGULATION OF 
CERTAIN ASBESTOS-RELATED ACTIVITIES

SECTION 18.01.  Amends Article 4477-3a, V.T.C.S. (the Texas Asbestos Health
Protection Act), by adding Section 5A, as follows: 

Sec. 5A.  PROVISIONAL LICENSE OR REGISTRATION.  Sets forth standard Sunset
language regarding provisional licenses or registrations. 

SECTION 18.02.  Amends Section 6, Article 4477-3a, V.T.C.S. (the Texas
Asbestos Health Protection Act), by amending Subsections (a) and (f) and
adding Subsections (g)-(k), to set forth standard Sunset language regarding
staggered renewal of licenses, and license renewal time frames. 

SECTION 18.03.  Amends Section 8, Article 4477-3a, V.T.C.S. (the Texas
Asbestos Health Protection Act), by amending Subsection (a) and adding
Subsection (g) to set forth standard Sunset language regarding the full
range of penalties applicable to license holders. 

SECTION 18.04.  Amends Section 9, Article 4477-3a, V.T.C.S. (the Texas
Asbestos Health Protection Act), by amending Subsections (b) and (h) and
adding Subsection (j) to set forth standard Sunset language regarding the
full range of penalties applicable to license holders. 

SECTION 18.05.  Amends Article 4477-3a, V.T.C.S. (the Texas Asbestos Health
Protection Act), by adding Section 10A, as follows: 

Sec. 10A.  NOTIFICATION OF EXAMINATION RESULTS.  Sets forth standard Sunset
language regarding notification of exam results. 

 SECTION 18.06.  Amends Article 4477-3a, V.T.C.S. (the Texas Asbestos
Health Protection Act), by adding Section 12A, as follows: 

Sec. 12A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  Sets forth
standard Sunset language concerning rules regarding advertising or
competitive bidding.   

ARTICLE 19.  STANDARD SUNSET REVIEW PROVISIONS 
APPLICABLE TO THE REGULATION OF 
CERTAIN LEAD-BASE PAINT ACTIVITIES

SECTION 19.01.  Amends Chapter 332, Acts of the 74th Legislature, Regular
Session, 1995, Article 9029, V.T.C.S., by adding Sections 3A and 3B, as
follows: 

Sec. 3A.  NOTIFICATION OF EXAMINATION RESULTS.  Sets forth standard Sunset
language regarding notification of exam results. 

Sec. 3B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.  Sets forth
standard Sunset language concerning rules regarding advertising or
competitive bidding.   

SECTION 19.02.  Amends Chapter 332, Acts of the 74th Legislature, Regular
Session, 1995, Article 9029, V.T.C.S., by adding Sections 6A, 6B, and 6C,
as follows: 

Sec. 6A.  EXPIRATION DATES ON CERTIFICATION OR ACCREDITATION.  Sets forth
standard Sunset language regarding staggered renewal of certification or
accreditation. 

Sec. 6B.  RENEWAL OF CERTIFICATION OR ACCREDITATION.  Sets forth standard
Sunset language regarding certification or accreditation renewal time
frames. 

Sec. 6C.  DISCIPLINARY ACTIONS.  Sets forth standard Sunset language
regarding the full range of penalties applicable to certification or
accreditation holders. 

ARTICLE 20.  EFFECTIVE DATE; EMERGENCY

SECTION 20.01.  Effective date: September 1, 1999.

SECTION 20.02.  Emergency clause.