HBA-NMO, NLM H.B. 3155 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3155 By: Wolens State Affairs 10/27/1999 Enrolled BACKGROUND AND PURPOSE The Texas Legislative Council is required by law (Section 323.007, Government Code) to carry out a complete nonsubstantive revision of the Texas statutes. The process involves reclassifying and rearranging the statutes in a more logical order, employing a numbering system and format that will accommodate future expansion of the law, eliminating repealed, invalid, duplicative, and other ineffective provisions, and improving the draftsmanship of the law if practicable--all toward promoting the stated purpose of making the statutes "more accessible, understandable, and usable" without altering the sense, meaning, or effect of the law. In 1965 the council adopted a long-range plan of compiling the law into 26 codes arranged by general topics. Although some reorganization has occurred since the original proposal, the number of projected codes remains at 26. The Occupations Code is a nonsubstantive revision of provisions of the existing statutes applicable to the licensing and regulation of certain professions and business practices, including the health professions, law enforcement and security professions, and certain sales activities, and to the operation and regulation of the gaming, sports, arts, and entertainment industries. The code also codifies the statutes that govern the various state agencies and other entities that regulate the specific professions and occupations. The code is divided into nine titles, with room left for expansion, specifically: Title 1, General Provisions; Title 2, General Provisions Relating to Licensing; Title 3, Health Professions; Title 4, Professions Related to Animal Health; Title 5, Regulation of Financial and Legal Services; Title 9, Regulation of Barbers, Cosmetologists, and Related Occupations; Title 10, Occupations Related to Law Enforcement and Security; Title 11, Regulation of Sales and Solicitation; and Title 13, Sports, Amusements, and Entertainment. Each of the titles is divided into subtitles, chapters, subchapters, and sections. Sections are numbered decimally, and the number to the left of the decimal point is the same as the chapter number. Gaps in chapter and section numbering are for future expansion. The Occupations Code is a nonsubstantive revision of Texas law. The substance of the law was not altered. The sole purpose of the code is to compile relevant law, arrange it in a logical fashion, and rewrite it without altering its meaning or legal effect. If a particular source statute was ambiguous and the ambiguity could not be resolved without a potential substantive effect, the ambiguity was preserved. 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. Adopts the Occupations Code, a nonsubstantive revision of provisions of the existing statutes applicable to the licensing and regulation of certain professions and business practices, including the health professions, law enforcement and security professions, and certain sales activities, and to the operation and regulation of the gaming, sports, arts, and entertainment industries. SECTION 2. Conforming amendment to the Education Code, adding V.A.C.S. Article 8892 as Subchapter I, Chapter 88, Education Code. SECTION 3. Conforming amendment to the Government Code, necessary to conform Section 411.119, Government Code, with proposed Chapter 1702, Occupations Code. SECTION 4. Conforming amendment to the Health and Safety Code, adding Section 1, V.A.C.S. Article 4528a, as Section 122.008, Health and Safety Code. SECTION 5. Conforming amendment to the Health and Safety Code, adding Section 4.011, V.A.C.S. Article 4495b, as Chapter 170, Health and Safety Code. SECTION 6. Repeals laws that are revised in the bill. Repeals laws that are obsolete or expired or that have been previously impliedly repealed. SECTION 7. States legislative intent to recodify only. SECTION 8. Effective date: September 1, 1999. SECTION 9. Emergency.