GOVERNMENT CODE

CHAPTER 318. REVIEW OF REGULATORY PROGRAMS


	§ 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, § 9.01(a), eff. Aug. 28, 
1989.     


	§ 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, § 9.01(a), eff. Aug. 28, 
1989.     


	§ 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, § 9.01(a), eff. Aug. 28, 
1989.