By: Howard H.B. No. 4176       A BILL TO BE ENTITLED   AN ACT   relating to the summary annulment of a nursing license in   connection with a fraudulently or unlawfully obtained diploma,   license, or other document.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 301.454(a), Occupations Code, is amended   to read as follows:          (a)  Except in the case of a temporary suspension authorized   under Section 301.455 or 301.4551, a summary annulment authorized   under Section 301.4552, or an action taken in accordance with an   agreement between the board and a license holder, the board may not   take any disciplinary action relating to a license unless:                (1)  the board has served notice to the license holder   of the facts or conduct alleged to warrant the intended action; and                (2)  the license holder has been given an opportunity,   in writing or through an informal meeting, to show compliance with   all requirements of law for the retention of the license.          SECTION 2.  Subchapter J, Chapter 301, Occupations Code, is   amended by adding Section 301.4552 to read as follows:          Sec. 301.4552.  SUMMARY ANNULMENT FOR CERTAIN VIOLATIONS.     (a)  Notwithstanding any other law, on receipt by the board of   credible evidence that the holder of a license issued under this   chapter has violated Section 301.451(a)(1), (2), or (3), the board   may annul the license without notice or hearing.          (b)  Immediately on the issuance of an order annulling a   license under this section, the board shall serve notice of the   annulment, personally or by certified mail, on the individual whose   license is annulled.  Service is complete and the annulment is   effective when the board personally serves the individual or sends   the notice.          (c)  An individual whose license is annulled under this   section may request a hearing for the reinstatement of the license   not later than the 30th day after the date the order annulling the   license is issued.  Not later than the 90th day after the date the   order was issued, the State Office of Administrative Hearings shall   hold the hearing to consider:                (1)  whether the individual violated Section   301.451(a)(1), (2), or (3); and                (2)  whether the annulment of the license is justified.          (d)  In any proceeding in connection with an alleged   violation of Section 301.451(a)(1), (2), or (3), the license holder   has the burden of proving by a preponderance of the evidence that   the license was lawfully obtained if the license holder submitted,   as part of the license holder's application, a transcript, diploma,   or other document required for licensure that was issued or   purportedly issued by an entity that has been implicated in a scheme   of fraud relating to the issuance of transcripts, diplomas, or   similar documents.          (e)  An individual whose license is annulled under this   section may not apply for a license under this chapter until:                (1)  the first anniversary of the date of issuance of   the order annulling the license under this section; and                (2)  the applicant provides evidence that they have   completed a nursing education program meeting the requirements of   Texas Occupation Code section 301.157 and the Board rules   promulgated under that section.          SECTION 3.  Section 301.4552(e), Occupations Code, as added   by this Act, applies only to a proceeding commenced on or after the   effective date of this act. A proceeding commenced before that date   is governed by the law in effect on the date the proceeding   commenced, and the former law is continued in effect for that   purpose.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.