Title OC, Occupations Code

Sec. 506.254. REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR ANALYST. An applicant for a license as a licensed assistant behavior analyst must present evidence to the department that the applicant: (1) is currently certified by the certifying entity as a Board Certified Assistant B…

Sec. 506.255. ISSUANCE OF LICENSE. The department shall issue a license as a licensed behavior analyst or a licensed assistant behavior analyst, as appropriate, to an applicant who: (1) complies with the requirements of this chapter; (2) meets any additional requirements the comm…

Sec. 506.256. RECIPROCITY. (a) The department shall issue a license to a person who is currently licensed as a behavior analyst or as an assistant behavior analyst from another state or jurisdiction that imposes licensure requirements similar to those specified in this chapter. (…

Sec. 506.257. RETIREMENT STATUS. The commission by rule may adopt a system for placing a person licensed under this chapter on retirement status. Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017. SUBCHAPTER G. LICENSE RENEWAL

Sec. 506.301. LICENSE EXPIRATION. A license issued under this chapter expires on the second anniversary of the date of issuance. Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.

Sec. 506.302. LICENSE RENEWAL. Before the expiration of a license, a license may be renewed by: (1) submitting an application for renewal; (2) paying the renewal fee imposed by the commission; and (3) providing verification to the department of continued certification by the cert…

Sec. 506.351. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION. After a hearing, the commission or executive director may deny a license to an applicant, suspend or revoke a person's license, or place on probation a license holder if the applicant or license holder: (1) violate…

Sec. 506.401. ENFORCEMENT PROCEEDINGS. The commission, department, or executive director may enforce this chapter, a rule adopted under this chapter, or an order of the commission or executive director as provided by Subchapters F and G, Chapter 51. Added by Acts 2017, 85th Leg.,…

Sec. 507.001. DEFINITIONS. In this chapter: (1) "Executive council" means the Texas Behavioral Health Executive Council. (2) "License" means a license, certification, registration, or other authorization that is issued by the executive council. (3) "Marriage and family therapy bo…

Sec. 507.002. APPLICATION OF SUNSET ACT. The Texas Behavioral Health Executive Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the executive council is abolished and this chapter and Chapters 501, 5…

Sec. 507.051. EXECUTIVE COUNCIL MEMBERSHIP. (a) The Texas Behavioral Health Executive Council consists of nine members as follows: (1) one marriage and family therapist member and one public member of the marriage and family therapy board, each appointed by that board; (2) one li…

Sec. 507.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY GOVERNOR. A person is not eligible for appointment by the governor as a public member of the executive council if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory age…

Sec. 507.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession …

Sec. 507.054. TERMS; VACANCY. (a) The member appointed by the governor serves a six-year term. The remaining members serve two-year terms with the terms of four of those members expiring February 1 of each year. (b) A member appointed to fill a vacancy holds office for the unexpi…

Sec. 507.055. PRESIDING OFFICER. The member appointed by the governor is the presiding officer of the executive council. Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.

Sec. 507.056. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the executive council that a member: (1) does not have at the time of taking office the qualifications required by Section 507.051; (2) does not maintain during service on the executive council the qualificati…

Sec. 507.057. REIMBURSEMENT. A member of the executive council may receive reimbursement for travel expenses as provided by the General Appropriations Act. Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.

Sec. 507.058. MEETINGS. (a) The executive council shall hold at least two regular meetings each year. (b) The executive council may hold additional meetings on the request of the presiding officer or on the written request of three members of the executive council. Added by Acts …

Sec. 507.059. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the executive council may not vote, deliberate, or be counted as a member in attendance at a meeting of the executive council until the person completes a training program that compli…

Sec. 507.101. EXECUTIVE DIRECTOR; PERSONNEL. The executive council shall employ an executive director and other personnel as necessary to administer this chapter and carry out the functions of the executive council. Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1…

Sec. 507.102. DIVISION OF RESPONSIBILITIES. The executive council shall develop and implement policies that clearly separate the policymaking responsibilities of the executive council and the management responsibilities of the executive director and the staff of the executive cou…

Sec. 507.103. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry level positions concurrently with any p…

Sec. 507.104. EQUAL OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal opportunity program under which all personnel transactions are made without r…

Sec. 507.151. GENERAL POWERS AND DUTIES. (a) The executive council shall administer and enforce this chapter and Chapters 501, 502, 503, and 505. (b) In carrying out its duties under this section, the executive council may request input or assistance from the board for the applic…

Sec. 507.152. GENERAL RULEMAKING AUTHORITY. The executive council shall adopt rules as necessary to perform its duties and implement this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.

Sec. 507.153. LIMITATION REGARDING CERTAIN RULES. (a) Unless the rule has been proposed by the applicable board for the profession, the executive council may not adopt under this chapter or Chapter 501, 502, 503, or 505: (1) a rule regarding: (A) the qualifications necessary to o…

Sec. 507.154. FEES. The executive council shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter and Chapters 501, 502, 503, and 505, including fees for: (1) licenses issued by the executive council; (2) license renewals and late renew…

Sec. 507.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The executive council may not adopt rules restricting advertising or competitive bidding by a person regulated by the executive council except to prohibit false, misleading, or deceptive practices. (b) The ex…

Sec. 507.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The executive council shall adopt rules and guidelines as necessary to comply with Chapter 53. Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.

Sec. 507.157. CONTINUING EDUCATION. The executive council shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required by the executive council to keep the person's license. Add…

Sec. 507.158. USE OF TECHNOLOGY. The executive council shall implement a policy requiring the executive council to use appropriate technological solutions to improve the executive council's ability to perform its functions. The policy must ensure that the public is able to intera…

Sec. 507.159. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The executive council shall develop a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of executive council rules; and (2) …

Sec. 507.160. ANNUAL REGISTRY. (a) The executive council shall annually prepare a registry of all license holders. (b) The executive council shall make the registry available to the public, license holders, and other state agencies. (c) The executive council may not include the h…

Sec. 507.161. CONFIDENTIALITY OF HOME ADDRESS AND TELEPHONE NUMBER. Except as provided by Section 507.160(d), the home address and telephone number of a license holder are confidential and not subject to disclosure under Chapter 552, Government Code. Added by Acts 2023, 88th Leg.…

Sec. 507.201. PUBLIC INTEREST INFORMATION. (a) The executive council shall prepare information of public interest describing the functions of the executive council and the procedures by which complaints are filed with and resolved by the executive council. (b) The executive counc…

Sec. 507.202. COMPLAINTS. (a) The executive council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the executive council for the purpose of directing complaints to the executive council.…

Sec. 507.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a) The executive council shall maintain a system to promptly and efficiently act on complaints filed with the executive council. The executive council shall maintain information about parties to the complaint, the subject matter…

Sec. 507.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION. (a) The executive council shall adopt rules concerning the investigation of a complaint filed with the executive council. The rules adopted under this section must: (1) distinguish between categories of complaints; (2…

Sec. 507.205. CONFIDENTIALITY OF COMPLAINT INFORMATION. (a) Except as provided by Subsection (b), a complaint and investigation and all information and materials compiled by the executive council in connection with the complaint and investigation are not subject to: (1) disclosur…

Sec. 507.206. SUBPOENAS. (a) In the investigation of a complaint filed with the executive council, the executive director or presiding officer of the executive council may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying…

Sec. 507.207. PUBLIC PARTICIPATION. The executive council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the executive council and to speak on any issue under the jurisdiction of the executive council. Added by Acts 201…

Sec. 507.251. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE. (a) The executive council shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the executive council, to the executive council or to the Dep…

Sec. 507.252. EXAMINATION RESULTS. (a) The executive council shall notify each examinee of the results of an examination not later than the 30th day after the date the examination is administered. If an examination is graded or reviewed by a national testing service, the executiv…

Sec. 507.253. REEXAMINATION. The executive council by rule shall establish: (1) a limit on the number of times an applicant for a license who fails an examination may retake the examination; and (2) the requirements for retaking an examination. Added by Acts 2019, 86th Leg., R.S.…

Sec. 507.254. FORM OF LICENSE. A license issued by the executive council must include the name of the board applicable to the license holder. Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.

Sec. 507.255. LICENSE RENEWAL. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the executive council before the expiration date of the license. (b) If the person's license has been expired for 90 days …