HBA-NLM H.B. 3155 76(R)BILL ANALYSIS
By: Wolens
State Affairs
Committee Report (Amended)
The Texas Legislative Council is required by law (Section 323.007,
Government Code) to carry out a complete nonsubstantive revision of the
Texas statutes.  The process involves reclassifying and rearranging the
statutes in a more logical order, employing a numbering system and format
that will accommodate future expansion of the law, eliminating repealed,
invalid, duplicative, and other ineffective provisions, and improving the
draftsmanship of the law if practicable--all toward promoting the stated
purpose of making the statutes "more accessible, understandable, and
usable" without altering the sense, meaning, or effect of the law.
In 1965 the council adopted a long-range plan of compiling the law into 26
codes arranged by general topics.  Although some reorganization has
occurred since the original proposal, the number of projected codes remains
at 26.
The proposed Occupations Code is a  nonsubstantive revision of  provisions
of the existing  statutes applicable to the licensing and regulation of
certain professions and business practices, including the health
professions,  law enforcement and security professions, and certain sales
activities, and to the operation and regulation of the gaming, sports,
arts, and entertainment industries.  The proposed code also codifies the
statutes that govern the various state agencies and other entities that
regulate the specific professions and occupations.  The proposed
Occupations Code is divided into nine titles, with room left for expansion,
Title 1, General Provisions;
Title 2, General Provisions Relating to Licensing;
Title 3, Health Professions;
Title 4, Professions Related to Animal Health;
Title 5, Regulation of Financial and Legal Services;
Title 9, Regulation of Barbers, Cosmetologists, and Related Occupations;
Title 10, Occupations Related to Law Enforcement and Security;
Title 11, Regulation of Sales and Solicitation;  and
Title 13, Sports, Amusements, and Entertainment.
Each of the titles is divided into subtitles, chapters, subchapters, and
sections.  Sections are numbered decimally, and the number to the left of
the decimal point is the same as the chapter number.  Gaps in chapter and
section numbering are for future expansion.
The council legal staff has taken meticulous care to ensure that no
substantive change has been made in the law and to preserve any ambiguity
or interpretation that may exist in current law.
The staff has developed an extensive mailing list, and drafts of the
proposed code have been widely distributed for review and comment to
interested individuals, organizations, businesses, industry
representatives, and governmental agencies.  The staff has studied the
comments and suggestions of persons reviewing the code and has taken action
to satisfy any concerns expressed.
The proposed Occupations Code is a nonsubstantive revision of Texas law.
The substance of the law has not been altered.  The sole purpose of the
code is to compile the relevant law, arrange it in a logical fashion, and
rewrite it without altering its meaning or legal effect.  If a particular
source statute is ambiguous and the ambiguity cannot be resolved without a
potential substantive effect, the  ambiguity is preserved.
SECTION 1.  Adopts the Occupations Code, a  nonsubstantive revision of
provisions of the existing statutes applicable to the licensing and
regulation of certain professions and business practices, including the
health professions,  law enforcement and security professions, and certain
sales activities, and to the operation and regulation of the gaming,
sports, arts, and entertainment industries.
SECTION  2.  Conforming amendment to the Education Code, adding V.A.C.S.
Article 8892 as Subchapter I, Chapter 88, Education Code.
SECTION 3.  Conforming amendment to the Government Code, necessary to
conform Section 411.119, Government Code, with proposed Chapter 1702,
Occupations Code.
SECTION 4.  Conforming amendment to the Health and Safety Code, adding
Section 1, V.A.C.S. Article  4528a, as Section 122.008, Health and Safety
Section 4.011, V.A.C.S. Article 4495b, as Chapter 170, Health and Safety
SECTION 6.  Repeals laws that are revised in the bill.  Repeals laws that
are obsolete or expired or that have been previously impliedly repealed.
SECTION 7.  States legislative intent to recodify only.
SECTION 8.  Effective date: September 1, 1999.
SECTION 9.  Emergency.
EXPLANATION OF AMENDMENTS
Amendment #1
Amends Section 501.003 (Practice of Psychology) to provide that a person is
engaged in the practice of psychology if the person is a psychologist or
psychological associate, rather than employed as a psychologist or
psychological associate, employed as described by Section 501.004(a)(1)
(Applicability),who offers certain services. Amends H.B. 3155 by
incorporating a change requested by the Texas State Board of Examiners of
Psychologists to provide a cross reference between two provisions in the
new law to clarify the relationship between those two sections.
Amendment # 2
Amends H.B. 3155 by including Chapter 901 (Accountants), to the proposed
Occupations Code. Amends the proposed Occupations Code to add
nonsubstantive revisions to the law regulating public accountancy and makes
other revisions to the proposed code to incorporate comments from outside
reviewer received by the legislative council.