HB 2703

84(R) - 2015
House Public Health
House Public Health
Licensing & Administrative Procedures

Vote Recommendation

  • Negative
  • Neutral
  • Neutral
  • Negative
  • Neutral


Ron Simmons

Bill Caption

Relating to the establishment of the Texas Board of Behavior Analyst Examiners and the requirement to obtain a license to practice as a behavior analyst or assistant behavior analyst; imposing fees; providing an administrative penalty; creating a criminal offense.

Fiscal Notes

Estimated Two-year Net Impact to General Revenue Related Funds for HB2703, Committee Report 1st House, Substituted: a positive impact of $153,014 through the biennium ending August 31, 2017.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

No fiscal implication to units of local government is anticipated.

Bill Analysis

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.

Vote Recommendation Notes

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.