Texas Professional License Defense Lawyer Blog

Some administrative agencies are authorized or created by the Texas Constitution. Most agencies are created by the passing of a legislative bill. Before the bill is passed, however, it is forwarded to the Sunset Advisory Commission. The Commission determines if:

• The proposed agency's functions could be carried out by existing agencies,


• The proposed regulation is the least restrictive to adequately protect the public


• The bill provides for adequate public input regarding any proposed regulatory function, and


• The bill provides for an adequate method of dealing with a conflict of interest within the agency.

The Commission's adverse determination does not prevent the agency from being formed. Nevertheless this process is supposed to provide a check on the Legislature's desire to wantonly form administrative agencies.

Once the bill is passed the Agency can come into existence.

The Texas Board of Nursing (formerly the Board of Nurse Examiners for the State of Texas) is enabled by the Nursing Practice Act. Tex. Occupations Code 301.001. It's responsibility is to regulate nursing and it's charge is the protection of the public health and welfare. It does this by licensing professionals, conducting investigations into potential violations of the Act and initiating hearings to adjudicate contested matters.

The Board is also responsible for accrediting schools of nursing.
It comprises 13 members. Of these 6 are nurse members, 3 are nurse faculty members and 4 are non-nurses to represent the general public. The members are appointed by the Governor with the advice and consent of the senate. Each serves for six years; the terms are staggered.

The Governor appoints a presiding officer. The members appoint an executive director. The board members may employ other personnel as necessary to carry out the functions of the board.

A quorum for transacting business is a majority of the board members three of which will be nurse members. An action will be carried if a majority of quorum members vote for it. Voting will not be allowed if there is a conflict of interest

The Board regulates Registered Nurse, Licensed Vocational Nurse and Advanced Practice designations (RN, LVN and APN designations such as CNS or CRNA). It employs a staff consisting of departments from nursing practice and enforcement to a legal division. The enforcement division is responsible for investigating complaints under the auspices of the attorney's of the Texas Board of Nursing's General Counsel's office.

An administrative agency as defined by the Texas Administrative Procedure Act means a state officer, board, commission or department with statewide jurisdiction that makes rules or determines contested cases. The definition does not include a state agency financed wholly with federal money, the legislature, the courts or institutes of higher learning. Thus localized school boards are not administrative agencies under the Act.

An administrative agency is supposed to bring expertise to a specific regulatory scheme. For example the Texas Medical Board is charged with the regulation of the practice of medicine. Its board members include 12 doctors to better tailor the regulation to the exigencies of a specialized occupation.

An administrative agency can also make rules, conduct hearings to determine violations of those rules and grant licenses to permit entry into the field the agency is regulating. It is also responsible for disciplining and renewing established licensees.