88R9550 MAW-D     By: Holland H.B. No. 1560       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of the practice of veterinary medicine   by the Texas Department of Licensing and Regulation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 801.003, Occupations Code, is amended to   read as follows:          Sec. 801.003.  APPLICATION OF SUNSET ACT.  The State Board of   Veterinary Medical Examiners is subject to Chapter 325, Government   Code (Texas Sunset Act).  Unless continued in existence as provided   by that chapter, the board is abolished September 1, 2027 [2029].          SECTION 2.  Chapter 801, Occupations Code, is amended by   adding Subchapter A-1 to read as follows:   SUBCHAPTER A-1. REGULATION BY TEXAS DEPARTMENT OF LICENSING AND   REGULATION          Sec. 801.021.  DEFINITIONS. In this subchapter:                (1)  "Commission" means the Texas Commission of   Licensing and Regulation.                (2)  "Department" means the Texas Department of   Licensing and Regulation.          Sec. 801.022.  ADMINISTRATION OF CHAPTER BY DEPARTMENT;   RULES.  (a) Notwithstanding any other law, the department shall   administer this chapter.  The department may contract with an   independent management consultant to assist in administering this   chapter.          (b)  A power or duty granted to the board under this chapter   is a power or duty of the department or commission, as applicable.          (c)  The board may not exercise any power or duty under this   chapter unless authorized by the commission.          (d)  The commission may not adopt a new rule relating to the   scope of practice of, a health-related standard of care for, or the   ethical practice of the profession of veterinary medicine unless   the rule has been proposed by the board under Section 801.023(c).     The commission shall adopt rules prescribing the procedure by which   the board may propose rules described by this subsection.          (e)  For each rule proposed as described by Subsection (d),   the commission shall either adopt the rule as proposed or return the   rule to the board for revision.  The commission retains authority   for final adoption of all rules and is responsible for ensuring   compliance with all laws regarding the rulemaking process.          Sec. 801.023.  ADVISORY BOARD. (a)  Notwithstanding   Subchapter D, the board is an advisory board to the department. The   department may establish working groups composed of board members   as the department considers necessary.          (b)  The board, the equine dental provider advisory   committee, and any advisory committee appointed under Section   801.163 shall provide advice and recommendations to the department   on technical matters relevant to the administration of this   chapter.          (c)  The board shall propose rules to the commission relating   to the scope of practice of, a health-related standard of care for,   and the ethical practice of the profession of veterinary medicine.          Sec. 801.024.  CONFLICT WITH OTHER LAW. (a)   Notwithstanding Section 51.003, to the extent of any conflict   between this chapter and Chapter 51, this chapter controls.          (b)  To the extent of any conflict between this subchapter   and another provision of this chapter, this subchapter controls.          Sec. 801.025.  EXPIRATION. This subchapter expires   September 1, 2027.          SECTION 3.  (a) In this section:                (1)  "Board" means the State Board of Veterinary   Medical Examiners.                (2)  "Department" means the Texas Department of   Licensing and Regulation.          (b)  Not later than October 1, 2023, the department and the   board shall adopt a memorandum of understanding regarding the   regulation of the practice of veterinary medicine by the   department. The memorandum must:                (1)  specify the manner in which the board and board   staff will observe and assist the department and department staff   and receive appropriate training on implementing policies and   procedures related to licensing, inspections, and enforcement;                (2)  require the department and the board to consult   with the Department of Information Resources to assess the database   needs of the board and establish a plan for the procurement and   acquisition of a database suitable to address those needs; and                (3)  specify the circumstances under which the board   may exercise a power or duty as authorized by the Texas Commission   of Licensing and Regulation under Section 801.022(c), Occupations   Code, as added by this Act.          (c)  Not later than December 1, 2024, the department shall   submit to the Sunset Advisory Commission and each standing   committee of the legislature with primary jurisdiction over the   board any legislative recommendations necessary to improve the   board's operations.          SECTION 4.  This Act takes effect September 1, 2023.