Bill Text: TX HB2092 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to self-directed and semi-independent status of certain health care regulatory agencies; making an appropriation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-10 - Committee report sent to Calendars [HB2092 Detail]
Download: Texas-2011-HB2092-Comm_Sub.html
82R24766 NC-F | |||
By: King of Taylor, Hopson | H.B. No. 2092 | ||
Substitute the following for H.B. No. 2092: | |||
By: Naishtat | C.S.H.B. No. 2092 |
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relating to self-directed and semi-independent status of certain | ||
health care regulatory agencies; making an appropriation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 301, Occupations Code, is amended by | ||
adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD | ||
Sec. 301.071. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS. | ||
Notwithstanding any other provision of law, the board is | ||
self-directed and semi-independent as specified by this | ||
subchapter. | ||
Sec. 301.072. BUDGET, REVENUES, AND EXPENSES. (a) The | ||
executive director shall submit to the board a budget annually | ||
using generally accepted accounting principles. Notwithstanding | ||
any other provision of law, including the General Appropriations | ||
Act, the budget shall be adopted and approved only by the board. | ||
(b) The board shall be responsible for all direct and | ||
indirect costs of the board's existence and operation. The board | ||
may not directly or indirectly cause the general revenue fund to | ||
incur any cost. | ||
(c) Subject to any limitations in this chapter, the board | ||
may set the amounts of fees, penalties, charges, and revenues | ||
required or permitted by statute or rule as necessary for the | ||
purpose of carrying out the functions of the board and funding the | ||
budget adopted and approved under Subsection (a). | ||
(d) Except as provided by Subsection (e), all fees and funds | ||
collected by the board and any funds appropriated to the board shall | ||
be deposited in interest-bearing deposit accounts in the Texas | ||
Treasury Safekeeping Trust Company. The comptroller shall contract | ||
with the board for the maintenance of the deposit accounts under | ||
terms comparable to a contract between a commercial banking | ||
institution and the institution's customers. | ||
(e) The board shall annually remit $5.75 million to the | ||
general revenue fund. | ||
(f) Periodically, the executive director shall submit to | ||
the board, as directed by the board, a report of the receipts and | ||
expenditures of the board. | ||
(g) The fiscal year for the board begins on September 1 and | ||
ends on August 31. | ||
Sec. 301.073. AUDITS. (a) This subchapter does not affect | ||
the duty of the state auditor to audit the board. The state auditor | ||
shall enter into a contract and schedule with the board to conduct | ||
audits, including financial reports and performance audits. | ||
(b) Not later than August 31 of each fiscal year, the board | ||
shall remit a nonrefundable retainer to the state auditor in an | ||
amount not less than $25,000. The board shall reimburse the state | ||
auditor for all costs, in excess of the nonrefundable retainer | ||
amounts paid each fiscal year, incurred in performing the audits | ||
and shall provide to the governor a copy of any audit performed. | ||
Sec. 301.074. RECORDS; REPORTING REQUIREMENTS. (a) The | ||
board shall keep financial and statistical information as necessary | ||
to disclose completely and accurately the financial condition and | ||
results of operations of the board. | ||
(b) Before the beginning of each regular session of the | ||
legislature, the board shall submit to the legislature and the | ||
governor a report describing all of the board's activities in the | ||
previous biennium. The report must include: | ||
(1) an audit as required by Section 301.073; | ||
(2) a financial report of the previous fiscal year, | ||
including reports on financial condition and results of operations; | ||
(3) a description of all changes in fees imposed by the | ||
board; | ||
(4) a report on the number of examination candidates | ||
and license holders and the programs of study and enforcement | ||
activities of the board; and | ||
(5) a list of all new rules adopted or repealed. | ||
(c) In addition to the reporting requirements of Subsection | ||
(b), not later than November 1 of each year, the board shall submit | ||
to the governor, the committee of each house of the legislature that | ||
has jurisdiction over appropriations, and the Legislative Budget | ||
Board a report that contains: | ||
(1) the salary for all board personnel and the total | ||
amount of per diem expenses and travel expenses paid for all board | ||
employees; | ||
(2) the total amount of per diem expenses and travel | ||
expenses paid for each member of the board; | ||
(3) the board's operating plan and annual budget; and | ||
(4) a detailed report of all revenue received and all | ||
expenses incurred by the board in the previous 12 months. | ||
Sec. 301.075. ABILITY TO CONTRACT. (a) To carry out and | ||
promote the objectives of this chapter, the board may enter into | ||
contracts and do all other acts incidental to those contracts that | ||
are necessary for the administration of the board's affairs and for | ||
the attainment of the board's purposes, except as limited by | ||
Subsection (b). | ||
(b) Any indebtedness, liability, or obligation of the board | ||
incurred under this section may not: | ||
(1) create a debt or other liability of this state or | ||
another entity other than the board; or | ||
(2) create any personal liability on the part of the | ||
members of the board or the board's employees. | ||
Sec. 301.076. PROPERTY. The board may: | ||
(1) acquire by purchase, lease, gift, or any other | ||
manner provided by law and maintain, use, and operate any real, | ||
personal, or mixed property, or any interest in property, necessary | ||
or convenient to the exercise of the powers, rights, privileges, or | ||
functions of the board; | ||
(2) sell or otherwise dispose of any real, personal, | ||
or mixed property, or any interest in property, that the board | ||
determines is not necessary or convenient to the exercise of the | ||
board's powers, rights, privileges, or functions; | ||
(3) construct, extend, improve, maintain, and | ||
reconstruct, or cause to construct, extend, improve, maintain, and | ||
reconstruct, and use and operate all facilities necessary or | ||
convenient to the exercise of the powers, rights, privileges, or | ||
functions of the board; and | ||
(4) borrow money, as may be authorized from time to | ||
time by an affirmative vote of a two-thirds majority of the board, | ||
for a period not to exceed five years if necessary or convenient to | ||
the exercise of the board's powers, rights, privileges, or | ||
functions. | ||
Sec. 301.077. ADMINISTRATIVE HEARINGS. (a) Not later than | ||
August 31 of each fiscal year, the board shall remit a nonrefundable | ||
retainer to the State Office of Administrative Hearings in an | ||
amount not less than $50,000 for hearings conducted under this | ||
chapter. | ||
(b) The nonrefundable retainer shall be applied to the costs | ||
associated with conducting the hearings. If additional costs are | ||
incurred, the State Office of Administrative Hearings may assess | ||
and collect from the board reasonable fees, in excess of the | ||
nonrefundable retainer amount paid each fiscal year, associated | ||
with conducting a hearing under this chapter. | ||
Sec. 301.078. SUITS. (a) The office of the attorney | ||
general shall represent the board in any litigation. | ||
(b) Not later than August 31 of each fiscal year, the board | ||
shall remit a nonrefundable retainer to the office of the attorney | ||
general in an amount not less than $25,000. The nonrefundable | ||
retainer shall be applied to any services provided to the board. If | ||
additional litigation services are required, the attorney general | ||
may assess and collect from the board reasonable attorney's fees, | ||
in excess of the nonrefundable retainer amount paid each fiscal | ||
year, associated with any litigation under this section. | ||
Sec. 301.079. POST-PARTICIPATION LIABILITY. (a) If the | ||
board no longer has status under this subchapter as a self-directed | ||
semi-independent agency for any reason, the board shall be liable | ||
for any expenses or debts incurred by the board during the time the | ||
board was a self-directed semi-independent agency. The board's | ||
liability under this section includes liability for any lease | ||
entered into by the board. This state is not liable for any expense | ||
or debt covered by this subsection, and money from the general | ||
revenue fund may not be used to repay the expense or debt. | ||
(b) If the board no longer has status under this subchapter | ||
as a self-directed semi-independent agency for any reason, | ||
ownership of any property or other asset acquired by the board | ||
during the time the board was a self-directed semi-independent | ||
agency, including unexpended fees in a deposit account in the Texas | ||
Treasury Safekeeping Trust Company, shall be transferred to this | ||
state. | ||
Sec. 301.080. DUE PROCESS; OPEN GOVERNMENT. The board is: | ||
(1) a governmental body for purposes of Chapters 551 | ||
and 552, Government Code; and | ||
(2) a state agency for purposes of Chapters 2001 and | ||
2005, Government Code. | ||
Sec. 301.081. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. | ||
Employees of the board are members of the Employees Retirement | ||
System of Texas under Chapter 812, Government Code, and the board's | ||
transition to semi-independent status as provided by this | ||
subchapter has no effect on the employees' membership or any | ||
benefits under that system. | ||
Sec. 301.082. GIFTS. (a) Notwithstanding any other law, | ||
the board may not accept a gift, grant, or donation: | ||
(1) from a party to an enforcement action; or | ||
(2) to pursue a specific investigation or enforcement | ||
action. | ||
(b) The board must: | ||
(1) report each gift, grant, or donation that the | ||
board receives as a separate item in the board's report required | ||
under Section 301.074(b); and | ||
(2) include with the report a statement indicating the | ||
purpose for which each gift, grant, or donation was donated and | ||
used. | ||
SECTION 2. Section 301.056, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 301.056. PER DIEM; REIMBURSEMENT. (a) Each board | ||
member is entitled to receive a per diem [ |
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of the board. | ||
(b) A board member is entitled to reimbursement for travel | ||
expenses incurred while conducting board business, including | ||
expenses for transportation, meals, and lodging[ |
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SECTION 3. Section 301.059(c), Occupations Code, is amended | ||
to read as follows: | ||
(c) A person appointed to the board is entitled to | ||
reimbursement[ |
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the travel expenses incurred in attending the training program | ||
regardless of whether the attendance at the program occurs before | ||
or after the person qualifies for office. | ||
SECTION 4. Section 301.155(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The board by rule shall establish fees in amounts | ||
reasonable and necessary to cover the costs of administering this | ||
chapter. [ |
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SECTION 5. Chapter 552, Occupations Code, is amended by | ||
designating Sections 552.001 through 552.012 as Subchapter A and | ||
adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. BOARD | ||
SECTION 6. Chapter 552, Occupations Code, is amended by | ||
adding Subchapter B to read as follows: | ||
SUBCHAPTER B. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF BOARD | ||
Sec. 552.051. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS. | ||
Notwithstanding any other provision of law, the board is | ||
self-directed and semi-independent as specified by this | ||
subchapter. | ||
Sec. 552.052. BUDGET, REVENUES, AND EXPENSES. (a) The | ||
executive director shall submit to the board a budget annually | ||
using generally accepted accounting principles. Notwithstanding | ||
any other provision of law, including the General Appropriations | ||
Act, the budget shall be adopted and approved only by the board. | ||
(b) The board shall be responsible for all direct and | ||
indirect costs of the board's existence and operation. The board | ||
may not directly or indirectly cause the general revenue fund to | ||
incur any cost. | ||
(c) Subject to any limitations in this subtitle, the board | ||
may set the amounts of fees, penalties, charges, and revenues | ||
required or permitted by statute or rule as necessary for the | ||
purpose of carrying out the functions of the board and funding the | ||
budget adopted and approved under Subsection (a). | ||
(d) Except as provided by Subsection (e), all fees and funds | ||
collected by the board and any funds appropriated to the board shall | ||
be deposited in interest-bearing deposit accounts in the Texas | ||
Treasury Safekeeping Trust Company. The comptroller shall contract | ||
with the board for the maintenance of the deposit accounts under | ||
terms comparable to a contract between a commercial banking | ||
institution and the institution's customers. | ||
(e) Not later than August 31, 2012, the board shall remit | ||
$1.15 million to the general revenue fund, and not later than August | ||
31 of each subsequent fiscal year, the board shall remit $800,000 to | ||
the general revenue fund. | ||
(f) Periodically, the executive director shall submit to | ||
the board, as directed by the board, a report of the receipts and | ||
expenditures of the board. | ||
(g) The fiscal year for the board begins on September 1 and | ||
ends on August 31. | ||
Sec. 552.053. AUDITS. (a) This subchapter does not affect | ||
the duty of the state auditor to audit the board. The state auditor | ||
shall enter into a contract and schedule with the board to conduct | ||
audits, including financial reports and performance audits. | ||
(b) Not later than August 31 of each fiscal year, the board | ||
shall remit a nonrefundable retainer to the state auditor in an | ||
amount not less than $10,000. The board shall reimburse the state | ||
auditor for all costs, in excess of the nonrefundable retainer | ||
amounts paid each fiscal year, incurred in performing the audits | ||
and shall provide to the governor a copy of any audit performed. | ||
Sec. 552.054. RECORDS; REPORTING REQUIREMENTS. (a) The | ||
board shall keep financial and statistical information as necessary | ||
to disclose completely and accurately the financial condition and | ||
results of operations of the board. | ||
(b) Before the beginning of each regular session of the | ||
legislature, the board shall submit to the legislature and the | ||
governor a report describing all of the board's activities in the | ||
previous biennium. The report must include: | ||
(1) an audit as required by Section 552.053; | ||
(2) a financial report of the previous fiscal year, | ||
including reports on financial condition and results of operations; | ||
(3) a description of all changes in fees imposed by the | ||
board; | ||
(4) a report on the number of examination candidates, | ||
license holders, and registrants and the enforcement activities of | ||
the board; and | ||
(5) a list of all new rules adopted or repealed. | ||
(c) In addition to the reporting requirements of Subsection | ||
(b), not later than November 1 of each year, the board shall submit | ||
to the governor, the committee of each house of the legislature that | ||
has jurisdiction over appropriations, and the Legislative Budget | ||
Board a report that contains: | ||
(1) the salary for all board personnel and the total | ||
amount of per diem expenses and travel expenses paid for all board | ||
employees; | ||
(2) the total amount of per diem expenses and travel | ||
expenses paid for each member of the board; | ||
(3) the board's operating plan and annual budget; and | ||
(4) a detailed report of all revenue received and all | ||
expenses incurred by the board in the previous 12 months. | ||
Sec. 552.055. ABILITY TO CONTRACT. (a) To carry out and | ||
promote the objectives of this chapter, the board may enter into | ||
contracts and do all other acts incidental to those contracts that | ||
are necessary for the administration of the board's affairs and for | ||
the attainment of the board's purposes, except as limited by | ||
Subsection (b). | ||
(b) Any indebtedness, liability, or obligation of the board | ||
incurred under this section may not: | ||
(1) create a debt or other liability of this state or | ||
another entity other than the board; or | ||
(2) create any personal liability on the part of the | ||
members of the board or the board's employees. | ||
Sec. 552.056. PROPERTY. The board may: | ||
(1) acquire by purchase, lease, gift, or any other | ||
manner provided by law and maintain, use, and operate any real, | ||
personal, or mixed property, or any interest in property, necessary | ||
or convenient to the exercise of the powers, rights, privileges, or | ||
functions of the board; | ||
(2) sell or otherwise dispose of any real, personal, | ||
or mixed property, or any interest in property, that the board | ||
determines is not necessary or convenient to the exercise of the | ||
board's powers, rights, privileges, or functions; | ||
(3) construct, extend, improve, maintain, and | ||
reconstruct, or cause to construct, extend, improve, maintain, and | ||
reconstruct, and use and operate all facilities necessary or | ||
convenient to the exercise of the powers, rights, privileges, or | ||
functions of the board; and | ||
(4) borrow money, as may be authorized from time to | ||
time by an affirmative vote of a two-thirds majority of the board, | ||
for a period not to exceed five years if necessary or convenient to | ||
the exercise of the board's powers, rights, privileges, or | ||
functions. | ||
Sec. 552.057. ADMINISTRATIVE HEARINGS. (a) Not later than | ||
August 31 of each fiscal year, the board shall remit a nonrefundable | ||
retainer to the State Office of Administrative Hearings in an | ||
amount not less than $55,000 for hearings conducted under Chapter | ||
565. | ||
(b) The nonrefundable retainer shall be applied to the costs | ||
associated with conducting the hearings. If additional costs are | ||
incurred, the State Office of Administrative Hearings may assess | ||
and collect from the board reasonable fees, in excess of the | ||
nonrefundable retainer amount paid each fiscal year, associated | ||
with conducting a hearing under Chapter 565. | ||
Sec. 552.058. SUITS. (a) The office of the attorney | ||
general shall represent the board in any litigation. | ||
(b) Not later than August 31 of each fiscal year, the board | ||
shall remit a nonrefundable retainer to the office of the attorney | ||
general in an amount not less than $40,000. The nonrefundable | ||
retainer shall be applied to any services provided to the board. If | ||
additional litigation services are required, the attorney general | ||
may assess and collect from the board reasonable attorney's fees, | ||
in excess of the nonrefundable retainer amount paid each fiscal | ||
year, associated with any litigation under this section. | ||
Sec. 552.059. POST-PARTICIPATION LIABILITY. (a) If the | ||
board no longer has status under this subchapter as a self-directed | ||
semi-independent agency for any reason, the board shall be liable | ||
for any expenses or debts incurred by the board during the time the | ||
board was a self-directed semi-independent agency. The board's | ||
liability under this section includes liability for any lease | ||
entered into by the board. This state is not liable for any expense | ||
or debt covered by this subsection, and money from the general | ||
revenue fund may not be used to repay the expense or debt. | ||
(b) If the board no longer has status under this subchapter | ||
as a self-directed semi-independent agency for any reason, | ||
ownership of any property or other asset acquired by the board | ||
during the time the board was a self-directed semi-independent | ||
agency, including unexpended fees in a deposit account in the Texas | ||
Treasury Safekeeping Trust Company, shall be transferred to this | ||
state. | ||
Sec. 552.060. DUE PROCESS; OPEN GOVERNMENT. The board is: | ||
(1) a governmental body for purposes of Chapters 551 | ||
and 552, Government Code; and | ||
(2) a state agency for purposes of Chapters 2001 and | ||
2005, Government Code. | ||
Sec. 552.061. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. | ||
Employees of the board are members of the Employees Retirement | ||
System of Texas under Chapter 812, Government Code, and the board's | ||
transition to semi-independent status as provided by this | ||
subchapter has no effect on the employees' membership or any | ||
benefits under that system. | ||
Sec. 552.062. GIFTS. (a) Notwithstanding any other law, | ||
the board may not accept a gift, grant, or donation: | ||
(1) from a party to an enforcement action; or | ||
(2) to pursue a specific investigation or enforcement | ||
action. | ||
(b) The board must: | ||
(1) report each gift, grant, or donation that the | ||
board receives as a separate item in the board's report required | ||
under Section 552.054(b); and | ||
(2) include with the report a statement indicating the | ||
purpose for which each gift, grant, or donation was donated and | ||
used. | ||
Sec. 552.063. HEALTH PROFESSIONS COUNCIL. Not later than | ||
August 31 of each fiscal year, the board shall remit a nonrefundable | ||
prorated assessment to the Health Professions Council in an amount | ||
not less than $81,848 for fiscal year 2012, $79,406 for fiscal year | ||
2013, and $79,000 for each subsequent fiscal year. The amount | ||
remitted shall be applied to the board's prorated assessment for | ||
the operation and maintenance of the shared regulatory database | ||
system. | ||
SECTION 7. Section 552.006(c), Occupations Code, is amended | ||
to read as follows: | ||
(c) A person appointed to the board is entitled to | ||
reimbursement[ |
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the travel expenses incurred in attending the training program | ||
regardless of whether the attendance at the program occurs before | ||
or after the person qualifies for office. | ||
SECTION 8. Section 552.009, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 552.009. PER DIEM; REIMBURSEMENT. (a) Each member of | ||
the board is entitled to a per diem [ |
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(b) A member is entitled to reimbursement for travel | ||
expenses [ |
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SECTION 9. Section 564.051(c), Occupations Code, is amended | ||
to read as follows: | ||
(c) Funds and surcharges collected under this section | ||
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used by the board to administer the program authorized by this | ||
section, including providing for initial evaluation and referral of | ||
an impaired pharmacist or pharmacy student by a qualified health | ||
professional and paying the administrative costs incurred by the | ||
board in connection with that funding. The money may not be used | ||
for costs incurred for treatment or rehabilitation after initial | ||
evaluation and referral. | ||
SECTION 10. Sections 301.165, 554.007(a), and 554.013, | ||
Occupations Code, are repealed. | ||
SECTION 11. (a) To provide a reasonable period for the | ||
Texas Board of Nursing and the Texas State Board of Pharmacy to | ||
establish the boards as self-directed and semi-independent under | ||
Subchapter B-1, Chapter 301, and Subchapter B, Chapter 552, | ||
Occupations Code, as added by this Act, the following amounts are | ||
appropriated from the general revenue fund to each board: | ||
(1) for the state fiscal year ending August 31, 2012, | ||
an amount equal to 50 percent of the amount of general revenue | ||
appropriated to the board for the state fiscal year ending August | ||
31, 2011; and | ||
(2) for the state fiscal year ending August 31, 2013, | ||
an amount equal to 50 percent of the amount of general revenue | ||
appropriated to the board for the state fiscal year ending August | ||
31, 2011. | ||
(b) Subject to Section 301.072 or 552.052, Occupations | ||
Code, as added by this Act, the appropriations made by Subsection | ||
(a) of this section may be spent by the board to which the | ||
appropriation is made as the board directs. Each board shall repay | ||
to the general revenue fund the appropriation made to the board for | ||
the state fiscal year ending August 31, 2012, not later than that | ||
date and as funds become available. Each board shall repay to the | ||
general revenue fund the appropriation made to the board for the | ||
state fiscal year ending August 31, 2013, not later than that date | ||
and as funds become available. The repayment of an appropriation | ||
under this subsection is required in addition to the funds required | ||
to be remitted to the general revenue fund under Section 301.072(e) | ||
or 552.052(e), Occupations Code, as added by this Act. | ||
(c) The transfer of the Texas Board of Nursing or the Texas | ||
State Board of Pharmacy to self-directed and semi-independent | ||
status under Subchapter B-1, Chapter 301, or Subchapter B, Chapter | ||
552, Occupations Code, as added by this Act, and the expiration of | ||
self-directed and semi-independent status of a board may not act to | ||
cancel, suspend, or prevent: | ||
(1) any debt owed to or by the board; | ||
(2) any fine, tax, penalty, or obligation of any | ||
party; | ||
(3) any contract or other obligation of any party; or | ||
(4) any action taken by the board in the | ||
administration or enforcement of the board's duties. | ||
(d) The Texas Board of Nursing and the Texas State Board of | ||
Pharmacy shall continue to have and exercise the powers and duties | ||
allocated to each board under law, except as specifically provided | ||
by this Act. | ||
(e) Title to or ownership of all supplies, materials, | ||
records, equipment, books, papers, and furniture used by the Texas | ||
Board of Nursing or the Texas State Board of Pharmacy is transferred | ||
to each respective board. This Act does not affect any property | ||
owned by either board on or before the effective date of this Act. | ||
(f) The Texas Board of Nursing shall pay rent to the state | ||
for the use and occupancy of state-owned office space. Reasonable | ||
rent shall be determined by the Texas Facilities Commission. | ||
Aggregate rental payments may not be less than $278,000 each fiscal | ||
year. | ||
(g) The Texas State Board of Pharmacy shall pay rent to the | ||
state for the use and occupancy of state-owned office space. | ||
Reasonable rent shall be determined by the Texas Facilities | ||
Commission. Aggregate rental payments may not be less than $162,000 | ||
each fiscal year. | ||
(h) If a conflict exists between this Act and another Act of | ||
the 82nd Legislature, Regular Session, 2011, that relates to the | ||
self-directed and semi-independent status of the Texas Board of | ||
Nursing or the Texas State Board of Pharmacy, this Act controls | ||
without regard to the relative dates of enactment. | ||
SECTION 12. This Act takes effect September 1, 2011. |