HBA-DMD, PDH C.S.H.B. 1409 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1409 By: Junell Public Safety 4/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a person in Texas may not operate a school bus for the transportation of students unless that person meets certain medical and physical capability requirements during an annual physical examination. Under current Texas law, the performance of the physical examination is limited to doctors. However, federal regulations allow advanced nurse practitioner to perform physical examinations for commercial motor vehicle drivers, including bus drivers. C.S.H.B. 1409 authorizes a physician, chiropractor, advanced practice nurse, or physician assistant to conduct the required examination in order to determine a person's mental and physical capabilities to safely operate a school bus. This bill also authorizes an ophthalmologist, optometrist, or therapeutic optometrist to conduct the part of the examination relating to the person's vision. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 521.022(c), Transportation Code, to authorize a physician, chiropractor, advanced practice nurse, or physician assistant to conduct the required examination to determine a person's mental and physical capabilities to safely operate a school bus. Authorizes an ophthalmologist, optometrist, or therapeutic optometrist to conduct the part of the examination relating to the person's vision. SECTION 2.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1409 differs from the original bill in SECTION 1 (Section 521.022, Transportation Code) by authorizing a physician or chiropractor, rather than a doctor of medicine or a doctor of osteopathic medicine, or an advanced practice nurse, rather than an advanced nurse practitioner, to conduct the required examination to determine a person's mental and physical capabilities to safely operate a school bus. Additionally, this substitute includes a therapeutic optometrist among those authorized to conduct the part of the examination relating to the person's vision. This substitute also makes conforming changes.