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


Office of House Bill AnalysisC.S.H.B. 2262
By: Danburg
State Affairs
4/12/2001
Committee Report (Substituted)



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. C.S.H.B. 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

C.S.H.B. 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2262 modifies the original by providing that prohibited
preconditions for governing board membership of licensing agencies do not
apply to the Texas Energy Resource Council if the legislature enacts
legislation creating the council.  The substitute changes the effective
date from on passage, or if the Act does not receive the necessary vote,
September 1, 2001 to September 1, 2001.