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The bill would add Chapter 506 to Subtitle I, Title 3, of the Occupations Code to establish the Behavior Analyst Licensing Act.
The bill would establish the Texas Board of Behavior Analyst Examiners. The behavior analyst board would be required to establish procedures for the following areas: issuing licenses, fees, complaint investigations and dispositions, disciplinary actions, subpoenas, informal proceedings, licensing requirements for behavior analysts and assistant behavior analysts, temporary licenses, license renewal, reciprocity, hearings, emergency suspension, schedule of sanctions, administrative penalties, civil penalties, and criminal offenses.
In some cases, the behavior analyst board would be required to receive advice and approval from the Texas Medical Board for the establishment of procedures.
We have two objections to this bill. First, this legislation expands government regulation by establishing occupational licensing requirements for behavior analysts. Second, this bill would add to the overcriminalization of our statutes by making it a Class A misdemeanor if a person knowingly violates Chapter 506.
We oppose HB 2703 because it abridges our free market and limited government principles.