HBA-MPM H.B. 2175 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2175 By: Uher Public Health 3/23/1999 Introduced BACKGROUND AND PURPOSE Current law requires the Texas Board of Chiropractic Examiners (board) to keep a written record of its proceedings, as well as all information on each applicant, and to file that record with the secretary of state, rather than to simply keep vital information on each applicant on file. H.B. 2175 removes the requirement that the board submit a record of its proceedings showing certain information about each applicant, and the requirement that the secretary of the board is required to transmit an official copy of the register to the secretary of state for permanent record on May 1st of each year. Furthermore, this bill removes the criminal penalty (Class A misdemeanor) for practicing without a license and instead provides for an injunctive proceeding or a civil proceeding. 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 5, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), to require the Texas Board of Chiropractic Examiners (board) to maintain records regarding each person licensed or registered with the board. Provides that the records must include the name, residence address, and address of each place of business at which the person engages in the chiropractic practice. Deletes existing text specifying that the board is required to preserve a record of its proceedings showing certain information about each applicant, and that the secretary of the board (secretary) is required to transmit an official copy of the register to the secretary of state for permanent record on May 1st of each year, a certified copy of which, with hand and seal of the secretary or the hand of the secretary of state under the state seal, is required to be admitted in evidence in all courts. SECTION 2. Amends Section 5a(c), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), to require the board to bring an action for injunctive proceedings or other civil proceedings as necessary to enforce this Act. Deletes existing text stating that a person who violates this section commits a Class A misdemeanor offense. Further deletes text regarding the previous conviction of a defendant under this section. SECTION 3. Repealer: Section 19a, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.). This section, entitled Administrative and Civil Penalties; Payment, addresses administrative penalties against a person licensed or regulated under this Act who violates it or a rule adopted under it; assesses a penalty amount not to exceed $1,000 for a violation; and addresses court action involving the penalty and payment of the penalty by the violator. SECTION 4. (a) Provides that except as provided by Subsection (b) of this section, a punishment for an offense under Section 5a(c) or 19a, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), regardless of whether the offense is committed before, on, or after the effective date of this Act, is the punishment provided by Section 5a(c), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), as amended by this Act. (b) Makes this section inapplicable to the punishment of a defendant finally convicted before the effective date of this Act, and provides that the punishment for a final conviction existing on the effective date of this Act is unaffected by the Act. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.