HBA-MPA H.B. 1248 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1248
By: Farrar
Licensing & Administrative Procedures
7/13/1999
Enrolled





BACKGROUND AND PURPOSE 

H.B. 1248 changes the laws regulating the practice of architecture,
landscape architecture, and interior design in the state of Texas as
follows: 
_requires proof of continuing education from architects, allows payment by
credit card, and allows the Texas Board of Architectural Examiners (board)
to subpoena witnesses in investigations of violations; 
_eliminates a $200 registration fee;
_eliminates the ability to become a registered architect without formal
education; 
_allows the board to impose fines for violations by non-architects,
specifies appeal procedures; 
_requires proof of continuing education as a condition of registration
renewal, allows the board to set fees for late registration renewal; 
_clarifies the types of buildings that require a registered architect;
_eliminates the ability to become a landscape architect without formal
education; 
_requires proof of continuing education from landscape architects, requires
landscape architects to apply an official seal to their work and prohibits
non-landscape architects from using such a seal, and allows the board to
subpoena witnesses on investigation of violations; 
_requires interior design registration applicants to complete educational
programs before becoming registered; 
_requires proof of continuing education from interior designers, and allows
the board to set fees for late registration renewal; 
_provides for certificates of registration to be held in inactive status;
and 
_provides for administrative penalties

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Architectural
Examiners in SECTION 1.06 (Section 5, Article 249a,V.T.C.S.), 
SECTION 1.10 (Section 7A, Article 249a,V.T.C.S.), SECTION 1.13 (Section
11A, Article 249a,V.T.C.S.), SECTION 2.03 (Section 6A, Article
249c,V.T.C.S.), and SECTION 3.04 (Section 13A, Article 249e,V.T.C.S.), of
this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  REGULATION OF PRACTICE OF ARCHITECTURE

SECTION 1.01.  Amends Sections 2(a), (e), (g), and (h), Article 249a,
V.T.C.S., to set forth the membership of the Texas Board of Architectural
Examiners (board).  Makes nonsubstantive changes. 

SECTION 1.02.  Amends  Section 3, Article 249a,V.T.C.S., by amending
Subsections (a), (e), (h), and (i), and adding Subsection (j), as follows: 

(a) Requires the bond filed by the secretary-treasurer to be paid from the
general revenue, rather than architectural examiners, fund. 

 (e)  Requires the board to require, rather than authorizes it to
recognize, prepare, or administer, continuing education programs for
architects, interior designers, and, rather than or, landscape architects,
and authorizes it to include courses applicable to health, safety, or
welfare as a condition of license renewal.  Authorizes the board to
recognize the programs of nationally acknowledged organizations involved in
providing, recording, or approving postgraduate education.  Authorizes the
board to recognize any other sponsoring organization or individual whose
presentations are approved by the board as qualifying in design or
construction health, safety, or welfare, including barrier free design.
Provides that participation in the program selected under this provision is
mandatory, rather than  voluntary. 
 
(h)  Authorizes the board to accept payment of a fee by electronic means.
Authorizes the board to charge a fee for processing the payment by
electronic means, if a fee is paid by electronic means.  Requires the board
to set the processing fee in an amount that is reasonably related to the
expense incurred by the board in processing the payment by electronic
means, not to exceed five percent of the amount of the fee.  

(i) Updates statutory references.

(j)  Authorizes the board to request and, if necessary, compel by subpoena
the attendance of witnesses for examination under oath and the production
for inspection and copying of books, accounts, records, papers,
correspondence, documents, and other evidence relevant to the investigation
of alleged violations of this article.  Authorizes the board, acting
through the attorney general, to file suit to enforce the subpoena in a
district court in Travis County or in the county in which a hearing
conducted by the board may be held, if a person fails to comply with a
subpoena issued under this subsection.  Requires the court, if it
determines that good cause exists for the issuance of the subpoena, to
order compliance with the requirements of the subpoena.  Authorizes failure
to obey the order of the court to be punished by the court as contempt.  

SECTION 1.03.  Amends Section 4(a), Article 249a, V.T.C.S., to require all
fees collected or money derived to be received and accounted for by the
executive director, rather than secretary-treasurer, and paid daily, rather
than weekly, to the comptroller.  Deletes procedure for handling money for
the architectural examiners fund. 

SECTION 1.04.  Amends Section 4A, Article 249a,V.T.C.S., to make conforming
changes. 

SECTION 1.05.  Amends Section 4C(a), Article 249a, V.T.C.S., to delete from
a list of fees increased by $200 a fee for application for examination, and
a fee for out-of-state application for examination, and makes
nonsubstantive changes. 

SECTION 1.06.  Amends Section 5(d), Article 249a,V.T.C.S., to require the
board to adopt rules to prevent a person regulated by the board from
submitting a competitive bid to, or soliciting a competitive bid on behalf
of, a governmental entity that is prohibited by Subchapter A (Professional
Services), Chapter 2254, Government Code, from making a selection or
awarding a contract on the basis of competitive bids, and prohibits the
board from otherwise adopting rules restricting competitive bidding or
truthful advertising. 

SECTION 1.07.  Amends Section 5A(a), Article 249a,V.T.C.S., to make a
conforming change. 

SECTION 1.08.  Amends Section 6(a), Article 249a,V.T.C.S., to make a
conforming change. 

SECTION 1.09.  Amends Section 7, Article 249a, V.T.C.S., to delete a
provision requiring the board to accept for examination an applicant who
has not graduated who can present satisfactory evidence of eight years
satisfactory experience. 

SECTION 1.10.  Amends Article 249a, V.T.C.S., by adding Section 7A, as
follows: 

Sec. 7A.  (a) Requires the board to deposit $10 of each certificate of
registration renewal fee collected under Section 11A(b) or 12(c) to the
credit of the scholarship fund for architectural  examination applicants.
Provides that the scholarship fund for architectural examination applicants
(fund) is an account in the general revenue fund that may be appropriated
only to provide scholarships and pay associated administrative costs. 

(b) Requires interest earned on the fund to be credited to the fund.

(c) Prohibits the board from using more than 15 percent of  the amount
appropriated to the fund for administrative costs. 

(d) Provides that the amount of each scholarship is the lesser of $500 or
the prescribed fee for the examination. 

(e) Sets forth legislative findings.

(f) Requires the board to establish and administer scholarships in the
manner it determines best serves the public purpose of the scholarships,
and that at a minimum it consider the financial need of each person
applying for a scholarship. 

(g) Requires the board to adopt rules as necessary for the administration
of this section. 

SECTION 1.11.  Amends Section 8(b), Article 249a, V.T.C.S., to require all
applications under this section to be accompanied by a fee prescribed by
the board in an amount that is reasonable and necessary  to cover the cost
of, rather than $150 payable to the Texas Board of Architectural Examiners
for, processing and investigating the application and issuing the
certificate.  Make nonsubstantive changes. 

SECTION 1.12.   Amends Sections 11(b), (i), (l), (n), (o), and (q),
Article 249a, V.T.C.S., as follows: 

(b) Authorizes the board  to assess an administrative penalty to a person
regardless of the person's registration status based on enumerated
conditions.  Makes a conforming change. 

(i) Provide that all proceedings under this subsection relating to a person
charged who holds a registration certificate issued by the board are
subject to Chapter 2001 (Administrative Procedure), Government Code.  Makes
conforming changes. 

(l) Provides that the board's order becomes final, if the person charged
holds a registration certificate, as provided by Section 2001.144
(Decisions; When Final), Government Code, and on the 20th day after the
order is rendered if the person does not hold a registration certificate. 

(n) Deletes provision providing that failure to comply timely with the
requirements to file a petition requesting judicial review results in a
waiver of all legal rights to judicial review 
.  
(o) Makes a conforming change.

(q) Makes a nonsubstantive change.

SECTION 1.13.  Amends Article 249a, V.T.C.S., by adding Section 11A, as
follows: 

Sec. 11A.  (a) Requires the board, by rule, to adopt a system by which a
registered architect may place the person's certificate of registration on
inactive status.  Provides that application for inactive status must be
made before the person's certificate of registration expires. 

(b) Provides that a $10 certificate of registration renewal fee must be
paid to maintain such inactive status on a date and in a manner prescribed
by board rule. 


 (c) Prohibits a registered architect whose certificate of registration is
on inactive status from performing any activity regulated under this
article. 

(d) Requires a registered architect whose certificate of registration is on
inactive status and who wishes to return to active practice to notify the
board in writing.  Requires the board to remove such an architect's
certificate of registration from inactive status upon payment of an
administrative fee and compliance with educational and other requirements
established by board rules. 

SECTION 1.14. Amends Sections 12(c), (d), (e), (f), (g), and (h), Article
249a, V.T.C.S., and adds Subsection (j), to require the board to set the
required renewal fee for residents and nonresidents in an amount reasonable
and necessary to cover administrative costs determined by the board.
Requires the board to issue to the registered architect a certificate of
renewal of his or her registration certificate for the term of one year
upon receipt of proof satisfactory to the board of compliance with the
continuing education requirement of the board.  Requires that a registered
architect who meets certain criteria and is engaged in teaching
architecture is exempt from the continuing education requirements of this
article.  Makes conforming and nonsubstantive changes. 

SECTION 1.15.  Amends Section 14, Article 249a, V.T.C.S., to require a
person to be exempt from the provisions of this article if the person
prepares plans for a building that does not exceed a square footage of
20,000 square feet and meets certain enumerated conditions.  Makes
conforming changes. 

ARTICLE 2.  REGULATION OF PRACTICE OF LANDSCAPE ARCHITECTURE

SECTION 2.01.  Amends Section 4(b), Article 249c, V.T.C.S., to authorize
the board to accept payment of a fee by electronic means. Authorizes the
board to charge a fee for processing the payment by electronic means, if a
fee is paid by electronic means.  Requires the board to set the processing
fee in an amount that is reasonably related to the expense incurred by the
board in processing the payment by electronic means, not to exceed five
percent of the amount of the fee.  

SECTION 2.02.   Amends Section 5(a), Article 249c,V.T.C.S., to require that
no person represent himself as a landscape architect unless such person
holds a certificate of registration as a landscape architect issued by the
board.  Provides that a person must satisfactorily pass the examination as
prescribed by the board.  Authorizes any person who has graduated from a
landscape architectural program recognized and approved by the board and
has had satisfactory experience in landscape architecture as required by
rules adopted by the board to apply for examination.  Deletes the limit on
the registration fee to no more than $250. 

SECTION 2.03.  Amends  Article 249c,V.T.C.S., by adding Section 6A, as
follows: 

Sec. 6A. INACTIVE STATUS.  (a) Requires the board, by rule, to adopt a
system by which a registered landscape architect may place the person's
certificate of registration on inactive status.  Provides that application
for inactive status must be made before the person's certificate of
registration expires. 

(b) Provides that no renewal fee must be paid to maintain such inactive
status. 

(c) Prohibits a registered landscape architect whose certificate of
registration is on inactive status from performing any activity regulated
under this article. 

(d) Requires a registered landscape architect whose certificate of
registration is on inactive status and who wishes to return to active
practice to notify the board in writing. Requires the board to remove such
an architect's certificate of registration from inactive status upon
payment of an administrative fee and compliance with educational and other
requirements established by board rules. 

SECTION 2.04.  Amends Sections 7(d), (e), (f), (g), and (h), Article
249c,V.T.C.S., and adds Subsection (i), to require that a registered
landscape architect who meets certain criteria and is  engaged in teaching
landscape architecture is exempt from the continuing education requirements
of this article.  Makes conforming and nonsubstantive changes. 

SECTION 2.05.  Amends Section 8, Article 249c, V.T.C.S., as follows:

(a)  Authorizes, rather than requires, the board to revoke or suspend a
certificate of registration, place persons on probation, reprimand persons,
or assess an administrative penalty against a person, regardless of the
person's registration status, in an amount not to exceed $1,000 on
enumerated grounds. 

(b) Makes no change.

(c) Deletes provision that the statement changing grounds for discipline
must be filed with three copies.  Makes nonsubstantive changes. 
 
(d) Deletes existing language providing for hearing procedures for a person
whose certificate has been suspended.  Deletes existing Subsection (e)
providing for a person to appeal the decision of the board to a district
court. 

(e)   Authorizes  the executive director of the board (executive director)
to issue a report stating the facts on which the determination that a
ground exists for a sanction is based, recommending that an administrative
penalty under this section be imposed on the person charged, and
recommending the amount of that proposed penalty, if after an investigation
of the facts surrounding an allegation of grounds for sanctions the
executive director finds such grounds to exist.  Requires the executive
director to base the recommended amount of the proposed penalty on the
seriousness of the determined ground.  Requires the seriousness of the
ground to be determined by consideration of the factors prescribed by
Subsection (j) of this section. 
 
(f)  Requires the executive director to give written notice of the report
to the person charged not later than the 14th day after the date on which
the report is issued.  Requires the notice to include a brief summary of
the charges, a statement of the amount of the penalty recommended, and a
statement of the right of the person charged to a hearing on the occurrence
of a ground for the penalty or on the amount of the penalty, or both the
occurrence of the ground and the amount of the penalty.  

(g)  Authorizes  the person charged to accept the determination of the
executive director, including the recommended penalty, or to make a request
for a hearing on the determination not later than the 20th day after the
date on which the notice is received.  

(h)  Requires the board to issue an order approving the determination and
ordering the payment of the recommended penalty  if the person charged
accepts the determination of the executive director. 

(i) Requires the board to set a hearing and give notice of the hearing if
the person charged requests a hearing or fails timely to respond to the
notice.  Provides that all proceedings under this subsection relating to a
person charged who holds a registration certificate issued by the board are
subject to Chapter 2001, Government Code. 

(j)  Requires the board to consider in determining the amount of the
penalty: 

(1)  the seriousness of the conduct that is the source of the ground,
including consideration of the nature, circumstances, extent, and gravity
of any relevant acts or omissions, and of the hazard or potential hazard
created to the health or safety of the public; 
(2)  the economic damage to property caused by the conduct;
(3)  the charged person's history concerning previous grounds for sanction;
(4)  the amount necessary to deter future grounds for sanction;
(5)  efforts to correct the ground for sanction; and
 (6)  any other matter justice may require. 

(k) Requires the executive director to give notice of the board's order to
the person charged including certain specified information. 

(l)  Provides that the board's order becomes final, if the person charged
holds a registration certificate, as provided by Section 2001.144,
Government Code,  and on the 20th day after the order is rendered if the
person does not hold a registration certificate. Requires the person
charged with the penalty to pay the penalty in full unless the person has
filed a petition for judicial review of the order.  

(m)  Requires, if the person files a petition for judicial review
contesting the amount of the penalty or the occurrence of the ground for
sanction, the person to, within 30 days after the date on which the board's
order becomes final: 

(1)  forward the amount of the penalty to the board for placement in an
escrow account; 
(2)  post with the board a supersedeas bond in a form approved by the board
for the amount of the penalty, the bond to be effective until all judicial
review of the order or decision is final; or 
(3)  file with the board an affidavit sworn by the person charged stating
that the person is financially unable to forward the amount of the penalty
or to post the bond. 
 
(n)  Authorizes the board to forward the matter to the attorney general for
enforcement if the person charged fails to pay the penalty in full as
provided by Subsection (l) of this section or to timely comply with
Subsection (m) of this section.  

(o)   Requires the judicial review of the order or decision of the board
assessing the penalty to be under the substantial evidence rule and shall
be instituted by filing a petition with a district court in Travis County,
as provided by Subchapter G (Contested Cases: Judicial Review), Chapter
2001, Government Code.  

(p)  Requires the board to remit to the person charged the appropriate
amount plus accrued interest if the penalty has been paid or execute a
release of the bond if a supersedeas bond has been posted if a penalty is
reduced or is not assessed by the reviewing court.  Requires the accrued
interest on amounts remitted by the board under this subsection to be paid
at a rate equal to the rate charged on loans to depository institutions by
the New York Federal Reserve Bank and to be paid for the period beginning
on the date the penalty is paid to the board under Subsection (l) of this
section and ending on the date the fine is remitted.  

(q)  Requires a penalty collected under this section to be deposited in the
state treasury to the credit of the general revenue fund.  

SECTION 2.06.  Amends Article 249c, V.T.C.S., by adding Section 8D, as
follows: 

Sec. 8D.  SEAL.  (a)  Requires each landscape architect to obtain and keep
a seal with which the person shall stamp or impress each drawing or
specification issued from the person's office for use in this state.  

(b)  Requires the board to prescribe the form of the seal.  Requires the
design of the seal to be the same as that used by the board, except that it
shall bear the words "Registered Landscape Architect, State of Texas"
instead of "Texas Board of Architectural Examiners." 

(c)  Prohibits a person from using or attempting to use a seal described by
Subsection (b) of this section, a similar seal, or a replica of a seal
described by Subsection (b) of this section unless the use is by and
through a landscape architect.  

 (d)  Prohibits a landscape architect from authorizing or permitting the
use of the landscape architect's seal by an unregistered person without the
landscape architect's personal supervision.  Authorizes the board to cancel
the registration certificate of a landscape architect who violates this
subsection. 
 
SECTION 2.07.  Amends Section 9(a), Article 249c, V.T.C.S., to prohibit a
person from representing the person to be a landscape architect without
being registered or exempted from registering, presenting or attempting to
use the certificate of registration or seal of another, giving any false or
forged evidence, or violating any other provision of this article.
Provides that a person who violates this section is subject to penalties
provided by Section 8 of this article, rather than shall be fined not less
that $25 nor more than $200.  Requires each day of such violation to be a
separate violation, rather than offense. 

SECTION 2.08.  Amends Section 10(b), Article 249c, V.T.C.S., to make a
conforming change. 

SECTION 2.09.  Amends Article 249c, V.T.C.S., by adding Section 11, as
follows: 

Sec. 11.  SUBPOENA.  (a)  Authorizes the board to request and, if
necessary, compel by subpoena the attendance of witnesses for examination
under oath and the production for inspection and copying of books,
accounts, records, papers, correspondence, documents, and other evidence
relevant to the investigation of alleged violations of this article.  

(b)  Authorizes the board, acting through the attorney general, to file
suit to enforce the subpoena in a district court in Travis County or in the
county in which a hearing conducted by the board may be held if a person
fails to comply with a subpoena issued under this section.  Requires the
court, if it determines that good cause exists for the issuance of the
subpoena, to order compliance with the requirements of the subpoena.
Authorizes the court to punish failure to obey the order of the court as
contempt.  

ARTICLE 3.  REGULATION OF PRACTICE OF INTERIOR DESIGN

SECTION 3.01.  Amends Section 5, Article 249e,V.T.C.S., by  amending
Subsection (d) and adding Subsection (h) as follows: 

(d) Makes a nonsubstantive change.

(h)  Authorizes the board to request and, if necessary, compel by subpoena
the attendance of witnesses for examination under oath and the production
for inspection and copying of books, accounts, records, papers,
correspondence, documents, and other evidence relevant to the investigation
of alleged violations of this article.  Authorizes the board, acting
through the attorney general, to file suit to enforce the subpoena in a
district court in Travis County or in the county in which a hearing
conducted by the board may be held, if a person fails to comply with a
subpoena issued under this subsection.  Requires the court, if it
determines that good cause exists for the issuance of the subpoena, to
order compliance with the requirements of the subpoena.  Authorizes the
court to punish failure to obey the order of the court as contempt.  

SECTION 3.02.  Amends Section 6, Article 249e,V.T.C.S., by amending
Subsections (a) and (b), and adding Subsection (d), to authorize the board
to accept payment of a fee by electronic means. Authorizes the board to
charge a fee for processing the payment by electronic means.  Requires the
board to set the processing fee in an amount that is reasonably related to
the expense incurred by the board in processing the payment by electronic
means, not to exceed five percent of the amount of the fee.  Deletes fee
limits.   Makes conforming and nonsubstantive changes. 

SECTION 3.03.  Amends Sections 9(b), (c), and (d), Article 249e, V.T.C.S.,
to delete a provision that an applicant for admission to the registration
examination must provide evidence of professional education in interior
design and experience in the field of interior design.  Makes conforming
and nonsubstantive changes. 

 SECTION 3.04.  Amends Article 249e,V.T.C.S., by adding Section 13A, as
follows: 

Sec. 13A. INACTIVE STATUS.  (a) Requires the board, by rule, to adopt a
system by which a registered interior designer may place the person's
certificate of registration on inactive status.  Provides that application
for inactive status must be made before the person's certificate of
registration expires. 

(b) Provides that no renewal fee must be paid to maintain such inactive
status. 

(c) Prohibits a registered interior designer whose certificate of
registration is on inactive status from performing any activity regulated
under this article. 

(d) Requires a registered interior designer whose certificate of
registration is on inactive status and who wishes to return to active
practice to notify the board in writing.  Requires the board to remove such
an architect's certificate of registration from inactive status upon
payment of an administrative fee and compliance with educational and other
requirements established by board rules. 

SECTION 3.05.  Amends Sections 14(b), (c), and (e), Article 249e,V.T.C.S.,
and adds Subsection (f), to provide that the board may determine a penalty
fee for renewal of an expired  registration certificate.  Authorizes a
person to renew a registration certificate by submitting to the board
satisfactory proof of compliance with continuing education requirements.
Requires that a registered interior designer who meets certain criteria and
is engaged in teaching interior design is exempt from the continuing
education requirements of this article.  Deletes text tying the additional
fee for the renewal of an expired registration certificate to the amount of
the registration examination fee.  Makes conforming and nonsubstantive
changes. 

SECTION 3.06.  Amends Article 249e,V.T.C.S., by adding Section 17, as
follows: 

Sec. 17.  ADMINISTRATIVE PENALTY.  (a)  Authorizes the board to assess an
administrative penalty against a person on a ground provided by Section
15(a) (Revocation, Suspension, or Denial of Registration; Discipline of
Registrants) of this article, including Section 3 (Prohibitions).  

(b) Authorizes the executive director to issue a report stating the facts
on which the determination that a ground exists for a sanction is based,
recommending that an administrative penalty under this section be imposed
on the person charged, and recommending the amount of that proposed penalty
if, after investigation of the facts surrounding an allegation of a ground
for a sanction provided by Section 15(a), including Section 3, of this
article the executive director determines that a ground exists for a
sanction.  Requires the executive director to base the recommended amount
of the proposed penalty on the seriousness of the determined ground.
Requires the seriousness of the ground to be determined by consideration of
the factors prescribed by Subsection (g) of this section. 
 
(c)  Requires  the executive director to give written notice of the report
to the person charged not later than the 14th day after the date on which
the report is issued.  Requires the notice to include a brief summary of
the charges, a statement of the amount of the penalty recommended, and a
statement of the right of the person charged to a hearing on the occurrence
of a ground for the penalty or on the amount of the penalty, or both the
occurrence of the ground and the amount of the penalty.  

(d)  Authorizes  the person charged to accept the determination of the
executive director not later than the 20th day after the date on which the
notice is received, including the recommended penalty, or make a request
for a hearing on the determination.  

(e)  Requires the board to issue an order approving the determination and
ordering the payment of the recommended penalty if the person charged
accepts the determination of the executive director.  
 
(f)  Requires  the board to set a hearing and give notice of the hearing if
the person charged requests a hearing or fails timely to respond to the
notice.  Provides that all proceedings under this subsection relating to a
person charged who holds a registration certificate issued by the board are
subject to Chapter 2001, Government Code. 
 
(g)  Requires the board to consider in determining the amount of the
penalty: 

(1)  the seriousness of the conduct that is the source of the ground,
including consideration of the nature, circumstances, extent, and gravity
of any relevant acts or omissions, and of the hazard or potential hazard
created to the health or safety of the public; 
(2)  the economic damage to property caused by the conduct;
(3)  the charged person's history concerning previous grounds for sanction;
(4)  the amount necessary to deter future grounds for sanction;
(5)  efforts to correct the ground for sanction; and
(6)  any other matter justice may require. 

(h)  Requires the executive director to give notice of the board's order to
the person charged including certain specified information. 

(i) Provides that the board's order becomes final, if the person charged
holds a registration certificate, as provided by Section 2001.144,
Government Code,  and on the 20th day after the order is rendered if the
person does not hold a registration certificate.  Requires the person
charged with the penalty to pay the penalty in full unless the person has
filed a petition for judicial review of the order.  

(j)  Requires  the person, within 30 days after the date on which the
board's order becomes final, if the person files a petition for judicial
review contesting the amount of the penalty or the occurrence of the ground
for sanction, or both, to: 

(1)  forward the amount of the penalty to the board for placement in an
escrow account; 
(2)  post with the board a supersedeas bond in a form approved by the board
for the amount of the penalty, the bond to be effective until all judicial
review of the order or decision is final; or 
(3)  file with the board an affidavit sworn by the person charged stating
that the person is financially unable to forward the amount of the penalty
or to post the bond.  

(k)  Authorizes the board  to forward the matter to the attorney general
for enforcement if the person charged fails to pay the penalty in full as
provided by Subsection (i) of this section or to timely comply with
Subsection (j) of this section. 

(l)  Requires the judicial review of the order or decision of the board
assessing the penalty to be under the substantial evidence rule and shall
be instituted by filing a petition with a district court in Travis County,
as provided by Subchapter G, Chapter 2001, Government Code. 
 
(m)  Requires the board to remit to the person charged the appropriate
amount plus accrued interest if the penalty has been paid or shall execute
a release of the bond if a supersedeas bond has been posted if a penalty is
reduced or is not assessed by the reviewing court.  Requires the accrued
interest on amounts remitted by the board under this subsection to be paid
at a rate equal to the rate charged on loans to depository institutions by
the New York Federal Reserve Bank and to be paid for the period beginning
on the date the penalty is paid to the board under Subsection (i) of this
section and ending on the date the fine is remitted.  

(n)  Requires a penalty collected under this section to be deposited to the
credit of the general revenue fund.  

 ARTICLE 4.  TRANSITION; EFFECTIVE DATE; EMERGENCY

SECTION 4.01.  (a) Makes application of  Section 7(c), Article
249a,V.T.C.S., prospective. 

(b) Makes application of  Section 5(a), Article 249c,V.T.C.S., prospective.
 
(c) Makes application of  Section 9(b)(1), Article 249e,V.T.C.S.,
prospective. 

SECTION 4.02.  Effective date: September 1, 1999. 

SECTION 4.03.  Emergency clause.