State Codes and Statutes
Statutes > Texas > Government-code > Title-3-legislative-branch > Chapter-318-review-of-regulatory-programs
GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE B. LEGISLATION
CHAPTER 318. REVIEW OF REGULATORY PROGRAMS
Sec. 318.001. FINDINGS. The legislature finds that:
(1) the interests of the residents of the state are served by
the regulation of certain professions and other occupations;
(2) state government actions have produced a substantial
increase in the number of regulatory programs;
(3) the legislature should review proposed regulatory programs
to better evaluate the need for the programs; and
(4) regulation should not be imposed on any profession or other
occupation unless required for the protection of the health,
safety, or welfare of the residents of the state.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
Sec. 318.002. CONSIDERATIONS. In evaluating whether a
profession or other occupation should be regulated, the following
factors should be considered:
(1) whether the unregulated practice of a profession or other
occupation may significantly harm or endanger the public health,
safety, or welfare and whether the potential for harm is easily
recognizable and not remote or dependent on tenuous argument;
(2) whether the practice of a profession or other occupation
requires specialized skill or training and whether the public
clearly needs and will benefit by assurances of initial and
continuing competence of practitioners of the profession or
occupation;
(3) whether the regulation would have the effect of directly or
indirectly increasing the cost of any goods or services and, if
so, whether the increase would be more harmful to the public than
the harm that might result from the absence of regulation;
(4) whether the regulatory process would significantly reduce
competition in the field and, if so, whether the reduction would
be more harmful to the public than the harm that might result
from the absence of regulation; and
(5) whether the residents of the state are or may be effectively
protected by other means.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
Sec. 318.003. FORMS OF REGULATION. (a) If the legislature
finds that it is necessary to impose regulation on a profession
or other occupation not regulated before August 26, 1985,
regulation should be implemented in the least restrictive manner
available in the following order:
(1) implementation of a system of registration by which
practitioners of the profession or occupation register with a
designated state agency, but without the imposition of
prequalifications or requirements for issuance of the
registration other than payment of a fee, and grounds may be
established for suspension or revocation of the registration or
other discipline of the registrant;
(2) implementation of a system of licensure by which a
practitioner receives recognition by the state that the
practitioner has met predetermined qualifications, and persons
not so licensed are prohibited from practicing the licensed
profession or occupation, and grounds may be established for
suspension or revocation of the license or other discipline of
the licensee.
(b) Alternative methods of regulation should be implemented when
necessary and appropriate in specific cases.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
State Codes and Statutes
Statutes > Texas > Government-code > Title-3-legislative-branch > Chapter-318-review-of-regulatory-programs
GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE B. LEGISLATION
CHAPTER 318. REVIEW OF REGULATORY PROGRAMS
Sec. 318.001. FINDINGS. The legislature finds that:
(1) the interests of the residents of the state are served by
the regulation of certain professions and other occupations;
(2) state government actions have produced a substantial
increase in the number of regulatory programs;
(3) the legislature should review proposed regulatory programs
to better evaluate the need for the programs; and
(4) regulation should not be imposed on any profession or other
occupation unless required for the protection of the health,
safety, or welfare of the residents of the state.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
Sec. 318.002. CONSIDERATIONS. In evaluating whether a
profession or other occupation should be regulated, the following
factors should be considered:
(1) whether the unregulated practice of a profession or other
occupation may significantly harm or endanger the public health,
safety, or welfare and whether the potential for harm is easily
recognizable and not remote or dependent on tenuous argument;
(2) whether the practice of a profession or other occupation
requires specialized skill or training and whether the public
clearly needs and will benefit by assurances of initial and
continuing competence of practitioners of the profession or
occupation;
(3) whether the regulation would have the effect of directly or
indirectly increasing the cost of any goods or services and, if
so, whether the increase would be more harmful to the public than
the harm that might result from the absence of regulation;
(4) whether the regulatory process would significantly reduce
competition in the field and, if so, whether the reduction would
be more harmful to the public than the harm that might result
from the absence of regulation; and
(5) whether the residents of the state are or may be effectively
protected by other means.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
Sec. 318.003. FORMS OF REGULATION. (a) If the legislature
finds that it is necessary to impose regulation on a profession
or other occupation not regulated before August 26, 1985,
regulation should be implemented in the least restrictive manner
available in the following order:
(1) implementation of a system of registration by which
practitioners of the profession or occupation register with a
designated state agency, but without the imposition of
prequalifications or requirements for issuance of the
registration other than payment of a fee, and grounds may be
established for suspension or revocation of the registration or
other discipline of the registrant;
(2) implementation of a system of licensure by which a
practitioner receives recognition by the state that the
practitioner has met predetermined qualifications, and persons
not so licensed are prohibited from practicing the licensed
profession or occupation, and grounds may be established for
suspension or revocation of the license or other discipline of
the licensee.
(b) Alternative methods of regulation should be implemented when
necessary and appropriate in specific cases.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
State Codes and Statutes
Statutes >
Texas >
Government-code >
Title-3-legislative-branch >
Chapter-318-review-of-regulatory-programs GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE B. LEGISLATION
CHAPTER 318. REVIEW OF REGULATORY PROGRAMS
Sec. 318.001. FINDINGS. The legislature finds that:
(1) the interests of the residents of the state are served by
the regulation of certain professions and other occupations;
(2) state government actions have produced a substantial
increase in the number of regulatory programs;
(3) the legislature should review proposed regulatory programs
to better evaluate the need for the programs; and
(4) regulation should not be imposed on any profession or other
occupation unless required for the protection of the health,
safety, or welfare of the residents of the state.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
Sec. 318.002. CONSIDERATIONS. In evaluating whether a
profession or other occupation should be regulated, the following
factors should be considered:
(1) whether the unregulated practice of a profession or other
occupation may significantly harm or endanger the public health,
safety, or welfare and whether the potential for harm is easily
recognizable and not remote or dependent on tenuous argument;
(2) whether the practice of a profession or other occupation
requires specialized skill or training and whether the public
clearly needs and will benefit by assurances of initial and
continuing competence of practitioners of the profession or
occupation;
(3) whether the regulation would have the effect of directly or
indirectly increasing the cost of any goods or services and, if
so, whether the increase would be more harmful to the public than
the harm that might result from the absence of regulation;
(4) whether the regulatory process would significantly reduce
competition in the field and, if so, whether the reduction would
be more harmful to the public than the harm that might result
from the absence of regulation; and
(5) whether the residents of the state are or may be effectively
protected by other means.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
Sec. 318.003. FORMS OF REGULATION. (a) If the legislature
finds that it is necessary to impose regulation on a profession
or other occupation not regulated before August 26, 1985,
regulation should be implemented in the least restrictive manner
available in the following order:
(1) implementation of a system of registration by which
practitioners of the profession or occupation register with a
designated state agency, but without the imposition of
prequalifications or requirements for issuance of the
registration other than payment of a fee, and grounds may be
established for suspension or revocation of the registration or
other discipline of the registrant;
(2) implementation of a system of licensure by which a
practitioner receives recognition by the state that the
practitioner has met predetermined qualifications, and persons
not so licensed are prohibited from practicing the licensed
profession or occupation, and grounds may be established for
suspension or revocation of the license or other discipline of
the licensee.
(b) Alternative methods of regulation should be implemented when
necessary and appropriate in specific cases.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 9.01(a), eff. Aug. 28,
1989.
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