SB2075 - Relating to the establishment, powers and duties, terms, and governance of certain advisory bodies for programs administered by the Texas Department of Licensing and Regulation.

      S.B. No. 2075         AN ACT   relating to the establishment, powers and duties, terms, and   governance of certain advisory bodies for programs administered by   the Texas Department of Licensing and Regulation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 301.053, Agriculture Code, is amended to   read as follows:          Sec. 301.053.  ADVISORY BOARDS [ COMMITTEES ]. The Texas   Department of Licensing and Regulation may establish advisory   boards [ committees ] to advise the Texas Department of Licensing and   Regulation and to make recommendations to the Texas Department of   Licensing and Regulation concerning legislation, policies,   administration, research, and other matters related to the duties,   powers, or functions of the Texas Department of Licensing and   Regulation under this chapter.          SECTION 2.  Section 1001.058, Education Code, is amended to   read as follows:          Sec. 1001.058.  ADVISORY BOARD [ COMMITTEE ]. (a)  The   commission shall establish an advisory board [ committee ] to advise   the commission and department on rules and educational and   technical matters relevant to the administration of this chapter.          (b)  The advisory board [ committee ] consists of nine members   appointed for staggered six-year terms by the presiding officer of   the commission, with the approval of the commission, as follows:                (1)  three driver education providers;                (2)  three driving safety providers;                (3)  one driver education instructor;                (4)  the division head of the Department of Public   Safety driver license division or the division head's designee; and                (5)  one member of the public.          (c)  The presiding officer of the commission shall appoint   the presiding officer of the advisory board for a term of two years   [ committee ]. The presiding officer of the advisory board   [ committee ] may vote on any matter before the advisory board   [ committee ].          (d)  [ A member may not serve two consecutive full terms.          [ (e) ]  If a vacancy occurs during a term, the presiding   officer of the commission, with the approval of the commission,   shall appoint a replacement who meets the qualifications of the   vacated position to serve for the remainder of the term.           (e)  [ (f) ]  A member of the advisory board [ committee ] may be   removed from the advisory board [ committee ] as provided by Section   51.209, Occupations Code.           (f)  [ (g) ]  Members of the advisory board [ committee ] may not   receive compensation but are entitled to reimbursement for actual   and necessary expenses incurred in performing the functions of the   advisory board [ committee ], subject to the General Appropriations   Act.           (g)  [ (i) ]  Chapter 2110, Government Code, does not apply to   the advisory board [ committee ].          SECTION 3.  Section 469.053, Government Code, is amended to   read as follows:          Sec. 469.053.  ADVISORY BOARD [ COMMITTEE ]; TERMS; MEETINGS;   REVIEW OF AND COMMENT ON RULES. (a)  The presiding officer of the   commission, with the commission's approval, shall appoint an   advisory board [ committee ] for the architectural barriers program.     The board [ committee ] shall consist of building professionals and   persons with disabilities who are familiar with architectural   barrier problems and solutions.  The board [ committee ] shall   consist of at least eight members.  A majority of the members of the   board [ committee ] must be persons with disabilities.          (b)   Members of the advisory board serve staggered six-year   terms [ A committee member serves at the will of the presiding   officer of the commission ].          (c)  A board [ committee ] member may not receive compensation   for service on the board [ committee ] but is entitled to   reimbursement for actual and necessary expenses incurred in   performing functions as a member.          (d)  The presiding officer of the commission, with the   commission's approval, shall appoint a board [ committee ] member as   presiding officer for two years.           (e)   [ (f)     The committee periodically shall review the rules   relating to the architectural barriers program and recommend   changes in the rules to the commission.          [ (g) ]  The commission must submit all proposed changes to any   rule or procedure that relates to the architectural barriers   program to the board [ committee ] for review and comment before   adopting or implementing the new or amended rule or procedure.          SECTION 4.  Section 754.012(b), Health and Safety Code, is   amended to read as follows:          (b)   A member of the advisory board may be removed from the   advisory board as provided by Section 51.209, Occupations Code   [ Board members serve at the will of the commission ].          SECTION 5.  Section 51.001(1), Occupations Code, is amended   to read as follows:                (1)  "Advisory board" means an [ a board, committee,   council, or other ] entity with multiple members that has as its   primary function advising the commission or department.          SECTION 6.  Subchapter D, Chapter 51, Occupations Code, is   amended by adding Section 51.2094 to read as follows:           Sec.   51.2094.     PROGRAM ADVISORY BOARDS. (a)   The commission   may establish an advisory board to advise the commission or the   department regarding a program subject to regulation by the   department.           (b)     Unless otherwise provided by a law establishing a   regulatory program administered by the department, the commission   may establish:                 (1)     the number of advisory board members, provided   that the number of members must be an odd number of three or more;                 (2)     the qualifications for an advisory board member;   and                 (3)  the terms of advisory board members.           (c)     Unless otherwise provided by a law establishing a   regulatory program administered by the department, members of an   advisory board shall be appointed by the presiding officer of the   commission with the commission's approval.           (d)     Unless otherwise provided by a law establishing a   regulatory program administered by the department, the presiding   officer of the commission, on approval of the commission, shall   designate a member of the advisory board to serve as the presiding   officer of the advisory board for a two-year term.   The presiding   officer of the advisory board may vote on any matter before the   advisory board.          SECTION 7.  Section 203.055(a), Occupations Code, is amended   to read as follows:          (a)  Members of the advisory board serve for staggered terms   of six years.  [ The terms of three members expire on January 31 of   each odd-numbered year. ]          SECTION 8.  Section 203.056, Occupations Code, is amended to   read as follows:          Sec. 203.056.  PRESIDING OFFICER. The presiding officer of   the commission shall designate a member of the advisory board to   serve as the presiding officer of the advisory board to serve for a   term of two years [ one year ].  The presiding officer of the advisory   board may vote on any matter before the advisory board.          SECTION 9.  Section 401.105(a), Occupations Code, is amended   to read as follows:          (a)  Members are appointed for staggered six-year terms.   [ The terms of three members expire September 1 of each odd-numbered   year. ]          SECTION 10.  Section 401.107(a), Occupations Code, is   amended to read as follows:          (a)  The presiding officer of the commission shall designate   a member of the advisory board to serve as the presiding officer of   the advisory board for a term of two years [ one year ].          SECTION 11.  Section 402.055(a), Occupations Code, is   amended to read as follows:          (a)  Members of the advisory board serve staggered six-year   terms.  [ The terms of three members expire on February 1 of each   odd-numbered year. ]          SECTION 12.  Section 402.057, Occupations Code, is amended   to read as follows:          Sec. 402.057.  PRESIDING OFFICER. The presiding officer of   the commission shall designate a member of the advisory board to   serve as the presiding officer of the advisory board for a term of   two years [ one year ].  The presiding officer of the advisory board   may vote on any matter before the advisory board.          SECTION 13.  Section 403.051, Occupations Code, is amended   to read as follows:          Sec. 403.051.  ADVISORY BOARD [ COMMITTEE ]. The department   shall appoint an advisory board [ committee ] to provide advice and   recommendations to the department on technical matters relevant to   the administration of this chapter.          SECTION 14.  Section 451.053(a), Occupations Code, is   amended to read as follows:          (a)  Board members serve staggered six-year terms [ with the   terms of one or two members expiring on January 31 of each   odd-numbered year ].          SECTION 15.  Section 451.055, Occupations Code, is amended   to read as follows:          Sec. 451.055.  PRESIDING OFFICER. The presiding officer of   the commission shall designate a member of the board to serve as the   presiding officer of the board for a two-year [ one-year ] term. The   presiding officer of the board may vote on any matter before the   board.          SECTION 16.  Section 455.103(a), Occupations Code, is   amended to read as follows:          (a)  Members of the advisory board are appointed for   staggered six-year terms. [ The terms of three members expire   September 1 of each odd-numbered year. ]          SECTION 17.  Section 455.104(a), Occupations Code, is   amended to read as follows:          (a)  The presiding officer of the commission shall designate   a member of the advisory board to serve as the presiding officer of   the advisory board for a term of two years [ one year ].          SECTION 18.  Section 506.103(a), Occupations Code, is   amended to read as follows:          (a)  Members of the advisory board serve staggered six-year   terms[ , with the terms of three members expiring February 1 of each   odd-numbered year ].          SECTION 19.  Section 506.104, Occupations Code, is amended   to read as follows:          Sec. 506.104.  PRESIDING OFFICER. The presiding officer of   the commission shall designate a member of the advisory board to   serve as the presiding officer of the advisory board for a term of   two years [ one year ].  The presiding officer of the advisory board   may vote on any matter before the advisory board. &#xA0 [Text truncated for display. Full text available on LegiScan.]