A Report on Occupational Licenses Required by the State of Texas
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Glenn Hegar Texas Comptroller of Public Accounts A Report on Occupational Licenses Required by the State of Texas December 2020 Glenn Hegar Texas Comptroller of Public Accounts December 14, 2020 The Honorable Greg Abbott, Governor The Honorable Dan Patrick, Lieutenant Governor The Honorable Dennis Bonnen, Speaker of the House Members of the 86th Legislature Members-elect of the 87th Legislature Ladies and Gentlemen: I am pleased to present my report on occupational licenses, as required by Texas Government Code Section 403.03058. Data received are from each state entity’s response to our request for information and are reflected as submitted in Exhibits 1 and 2. This statutory report seeks to provide the Legislature with information regarding all occupational licenses (including permits, certifications and registrations) required by the state, as well as a list of statutory provisions regulating occupational licenses that were abolished during the previous legislative session. We received 774 license types administered by 47 state entities. Seven state entities reported 29 statutory provisions regulating occupational licenses that were abolished during the previous legislative session. If you have any comments or suggestions, please contact Spencer Grubbs at [email protected]. Sincerely, Glenn Hegar Enclosure cc: Spencer Grubbs Comptroller.Texas.Gov 512-463-4444 P.O. Box 13528 Toll Free: 1-800-531-5441 ext: 3-4444 Austin, Texas 78711-3528 Fax: 512-463-4902 A Report on Occupational Licenses Required by the State of Texas Introduction • the number of active licenses, which may include Texas Government Code Section 403.03058 (Senate licenses that have expired but are eligible for renewal; Bill 2065, enacted in 2017) requires the Texas Comp- • fees for the initial application and renewal for the troller of Public Accounts to prepare and submit to the license, which may include application, examination Legislature a report regarding all occupational licenses, and professional fees required of each applicant or including permits, certifications and registrations, required license holder; by the state. • the renewal frequency of the license; and The statute requires for each license type: • the amount of state revenue generated from the issu- • a description of the license; ance and renewal of the license, which may include fees • the department with regulatory authority for the that cannot be separated from licensing fees (e.g., cor- license; rective action fees or fees for a change of name or loca- • the number of active licenses; tion on the license). • the cost of an initial application for the license and for a All surveyed state entities were asked to report data for renewal of the license; and each license type to the Comptroller as of the end of fiscal • the amount of state revenue generated from the issu- 2019 (Exhibit 1, page 3). ance and renewal of the license. State entities also were asked to list any statutory provi- sion including any license under their regulatory authority A list of statutory provisions requiring a license that were that was abolished by the 86th (2019) Legislature and the abolished during the previous legislative session also is name of the license (Exhibit 2, page 85). required. The Comptroller recorded entity responses as received and did not independently verify the information reported. Methodology To comply with the requirements of the law, the Results Comptroller’s office contacted state licensing entities The Comptroller’s office received 774 license types beginning in February 2020. Entities responded using a from 47 state entities (Exhibit 1, page 3). The Texas Comptroller-generated form. Department of Licensing and Regulation submitted the Each licensing entity was asked to report: highest number of licenses — 218 — followed by the • the name of each occupational, professional and busi- Texas Racing Commission and the Texas Department of ness license under its regulatory authority, including Insurance, which submitted 57 and 53, respectively. permits, certifications and registrations; Unless otherwise noted, data for each license — • a description of the authority of the license holder, including the entity with administrative authority over the including any limitations; license — are as of the end of fiscal 2019. Due to database Texas Comptroller of Public Accounts 1 limitations, several agencies were unable to provide the number of active licenses and/or state revenue for each license type as of the end of fiscal 2019. This report does not provide a sum for either data point. Of the 47 state entities, eight are self-directed, semi- independent agencies (SDSIs) and one is a quasi-govern- mental agency. The revenue generated from the issuance and renewal of the licenses under their regulatory author- ity is not deposited into the state treasury and, therefore, is not available for appropriation by the Legislature. Seven agencies reported 29 licenses that were abolished during the 86th (2019) Legislature and their corresponding statutory provisions (Exhibit 2, page 85). 2 Texas Comptroller of Public Accounts Exhibit 1 Occupational Licenses Required by the State of Texas NUMBER STATE REVENUE OF ACTIVE RENEWAL RENEWAL FROM FEES NAME OF LICENSE DESCRIPTION LICENSES INITIAL FEES FEES FREQUENCY (FISCAL 2019) NOTES Executive Council of Physical Therapy and Occupational Therapy Examiners, Agency Number 533 Physical Therapist Authorizes holder to practice physical therapy 19,030 $190.00 $248.00 Biennial $2,213,672.00 Includes late renewal fees. License (including services that involve evaluation, treatment, services consultation and advisory, educational, and supervisory) as an individual. Physical Therapist Authorizes holder to assist in the practice of 10,431 $125.00 $184.00 Biennial $897,216.00 Includes late renewal fees. Assistant License physical therapy under the supervision of a physical therapist (including services that involve treatment and education) as an individual. Temporary Physical Authorizes holder to practice physical therapy 12 $80.00 $ - Other $14,000.00 Valid until the end of the third Therapist License under the on-site supervision of a physical (describe in month after issuance or until therapist as an individual prior to taking the comments) a permanent license is issued National Physical Therapy Examination (NPTE). whichever comes first. Void if the applicant fails the NPTE. Temporary Physical Authorizes holder to practice physical therapy 5 $60.00 $ - Other $6,060.00 Valid until the end of the third Therapist Assistant under the on-site supervision of a physical (describe in month after issuance or until License therapist as an individual prior to taking the NPTE. comments) a permanent license is issued whichever comes first. Void if the applicant fails the NPTE. Physical Therapist Authorizes holder to provide physical therapy 6 $25.00 $25.00 Biennial $125.00 Retired Status; services only in the domain of voluntary charity Performing care. Voluntary Charity Care Physical Therapist Authorizes holder to provide physical therapy 1 $25.00 $25.00 Biennial $25.00 Assistant Retired services only in the domain of voluntary charity Status; Performing care. Voluntary Charity Care Provisional Physical Authorizes holder to practice physical therapy 0 $80.00 $ - Other $ - Valid for 180 days or until a Therapist Licensure when applying by endorsement from another (describe in permanent license is issued, state if there is a significant delay in the comments) whichever comes first. submission of required documents outside the applicant's control. Provisional Physical Authorizes holder to practice physical therapy 0 $75.00 $ - Other $ - Valid for 180 days or until a Therapist Assistant under the supervision of a physical therapist (describe in permanent license is issued, Licensure when applying by endorsement from another comments) whichever comes first. state if there is a significant delay in the submission of required documents outside the applicant's control. Supervised Clinical Authorizes holder to practice physical therapy 0 $80.00 $ - Other $ - Valid for one year or until Practice Temporary under the on-site supervision of a physical (describe in completion of the supervised License - Physical therapist as an individual while completing comments) clinical practice and the Therapist requirements to restore a license that has been license has been restored, expired between 1-5 years. whichever comes first. Supervised Clinical Authorizes holder to practice physical therapy 1 $60.00 $ - Other $60.00 Valid for one year or until Practice Temporary under the on-site supervision of a physical (describe in completion of the supervised License - Physical therapist as an individual while completing comments) clinical practice and the Therapist Assistant requirements to restore a license that has been license has been restored, expired for between 1-5 years. whichever comes first. Physical Therapy Authorizes a sole proprietor, partnership, 2,943 $215.00 $220.00 Annual $579,100.00 Abolished during the 85th Facility Registration corporation, or government entity to provide Legislative Session in 2017 physical therapy services at a registered physical with an effective date of Sept. site (including a building, office, or portable 1, 2019. facility) as a business. Texas Comptroller of Public Accounts 3 NUMBER STATE REVENUE OF ACTIVE RENEWAL RENEWAL FROM FEES NAME OF LICENSE DESCRIPTION LICENSES INITIAL FEES FEES FREQUENCY (FISCAL 2019) NOTES Occupational Authorizes holder to