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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.
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