By: Johnson, et al. S.B. No. 1414     A BILL TO BE ENTITLED   AN ACT   relating to the temporary 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. TEMPORARY 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.  TEMPORARY ADMINISTRATION OF CHAPTER BY   DEPARTMENT; RULES.  (a) Notwithstanding any other law, the   department shall assume all policy-making powers of the board and   administer this chapter.  The department may contract as necessary   to administer this chapter.          (b)  A power or duty granted to the board under this chapter   is a power or duty of the executive director of the department, the   department, or the commission, as applicable.          (c)  The commission or executive director of the department   may delegate, or withdraw any delegation of, any power or duty under   this chapter to the board or the executive director of the board.     The delegation or withdrawal of delegation must be in writing.          (d)  The commission may not adopt a new rule relating to the   scope of practice of or a health-related standard of care for the   practice of the profession of veterinary medicine unless the rule   has been proposed by the board under Section 801.024(c).  For a rule   described by this subsection, the commission shall either adopt the   rule as proposed or return the rule to the board for revision.          (e)  The commission retains authority for final adoption of   all rules and is responsible for ensuring compliance with all laws   regarding the rulemaking process.          (f)  Not later than December 31, 2026, the department shall   conduct a review under Section 2001.039, Government Code, of each   rule under 22 T.A.C. Part 24. In conducting the review under this   subsection, the department shall ensure that license holders and   the public have a meaningful opportunity to provide input and   recommend changes to the rules.          (g)  The department shall propose necessary amendments to a   rule, or the repeal of a rule, for which the department determines   the board lacks a sufficient reason or authority to adopt or   enforce.          Sec. 801.023.  SEPARATION OF ADMINISTRATIVE FUNCTIONS OF   BOARD. (a) The executive director of the department shall direct   and may dismiss the executive director of the board. The presiding   officer of the commission shall appoint a replacement executive   director of the board if necessary.          (b)  Subject to Subsection (a), the executive director of the   board is responsible for the administration of financial services,   human resources, and workforce development duties of the board,   including:                (1)  accounts payable and accounts receivable;                (2)  budgeting, inventory, and asset management;                (3)  payroll;                (4)  personnel and labor issues;                (5)  purchasing;                (6)  recruitment, evaluation, selection, training, and   promotion of personnel;                (7)  submitting required reports regarding finances,   performance measures, strategic planning, legislative   appropriations requests, operating budgets, and similar   information as required by law;                (8)  legal support services, including responding to   requests for public information; and                (9)  information technology and support.          (c)  If the department provides any of the functions listed   in Subsection (b), the board shall reimburse the department for   administrative costs incurred in providing those services.          Sec. 801.024.  ADVISORY BOARD. (a)  Notwithstanding   Subchapter D, the board is an advisory board to the department.          (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 or a health-related standard of care for   the practice of the profession of veterinary medicine.          Sec. 801.025.  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. 801.026.  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 of   Information Resources shall consult with the department and the   board 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.          (c)  Notwithstanding any other law, the board shall provide   the Department of Information Resources and the department with   access to any system, hardware, software, documents, or information   necessary to achieve the purposes of Subsection (b) of this   section.          (d)  The provision of information under this section to the   Department of Information Resources or the department does not   waive confidentiality or privilege.          SECTION 4.  Not later than December 1, 2024, the Texas   Department of Licensing and Regulation shall submit to the Sunset   Advisory Commission and each standing committee of the legislature   with primary jurisdiction over the State Board of Veterinary   Medical Examiners any legislative recommendations necessary to   improve the board's operations.          SECTION 5.  This Act takes effect September 1, 2023.