HBA-MPM H.B. 3599 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3599
By: Capelo
Public Health
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Optometry Board (board) consists of nine members, six of whom are
optometrists, and three of whom are laypersons, appointed by the governor
for a term of six years.  As of September 1, 1993, board members were
required to be trained on legislation affecting the board and its
organization, role, and function, including an emphasis on rules relating
to disciplinary and investigative authority, including rules regarding
revoking the license of an optometrist licensed in this state.  Completion
of this training is necessary in order for a person to serve on the board.
In the 2000 fiscal year alone, the board received 116 complaints against
licensed optometrists.  Yet since September 1, 1993, the board has revoked
no licenses and has suspended only 22 licenses.  There has been some
concern that the board is not enforcing its disciplinary policies.  A more
thorough review of the board would help determine if the board is not
properly exercising its authority to revoke licenses in cases where
revocation is warranted.  House Bill 3599 changes the sunset review date
for the board from September 1, 2005 to September 1, 2003. 

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 3599 amends the Occupations Code to provide that the Texas
Optometry Board is subject to Sunset Advisory Commission review, and unless
continued in existence, the board is abolished and provisions relating to
the board expire on September 1, 2003 rather than September 1, 2005. 

EFFECTIVE DATE

September 1, 2001.