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


Office of House Bill AnalysisH.B. 2262
By: Danburg
State Affairs
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does 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.  This 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. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.