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that will accommodate future expansion of the law, eliminating repealed,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.