HBA-SEP H.B. 2262 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2262
By: Danburg
State Affairs
7/20/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law did not prohibit a person from
being required to be a member of a private trade association as a
precondition to serving as a member of a state agency governing board that
issues a license or otherwise regulates a business, occupation, or
profession.  It may conflict with good public policy for the state to rely
on membership in a private trade organization as a precondition for
eligibility to appointment to a state licensing board.  Such a precondition
may give inappropriate authority to a private organization and may
discriminate against professionals who choose not to belong to the
particular private organization.  House Bill 2262 prohibits a person from
being required to be a member of a private trade association as a
precondition to serving as a member of the governing board of a state
agency that issues a license or otherwise regulates a business, occupation,
or profession. 

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. 

ANALYSIS

House Bill 2262 amends the Occupations Code to prohibit a person from being
required to be a member of a private trade association as a precondition to
serving as a member of the governing board of a state agency that issues a
license or otherwise regulates a business, occupation, or profession.  This
prohibition does not apply to the Texas Energy Resource Council if the
legislature enacts legislation creating the council. 

EFFECTIVE DATE

September 1, 2001.