Texas 2009 - 81st Regular

Texas House Bill HB2731

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to attorney general representation in a contested case hearing of a person licensed or regulated by certain state agencies.

Impact

The bill restructures existing laws regarding the provision of information to license holders who are subject to formal complaints. It establishes a timeline within which the attorney general must provide access to relevant information for the license holders, thus promoting transparency in the contested case process. However, certain privileges and protections are maintained, preventing the disclosure of investigative reports, the identities of non-testifying complainants, and attorney-client communications. This ensures that the legal integrity of the proceedings is upheld while providing necessary access to information for the parties involved.

Summary

House Bill 2731 focuses on the representation of the attorney general in contested case hearings involving individuals who are licensed or regulated by various state agencies in Texas. The bill amends several sections of the Occupations Code to ensure that the attorney general will represent the board during these hearings, highlighting a procedural shift in how legal representation is structured in regulatory contexts. This bill seeks to streamline the representation process, aiming to improve efficiency in contested cases that can involve administrative law judges and board decisions.

Contention

While the bill has support due to its potential for efficiency and clarity in representation, it could raise concerns among stakeholders about the balance of power in regulatory proceedings. Advocates might argue that it fortifies the role of the attorney general in enforcing state laws against regulated individuals, but critics might view this as a centralization of power that may undermine the independence of boards or agencies. Notably, the bill’s impact on the due process rights of license holders, particularly regarding access to evidence and the ability to challenge complaints, could become points of debate among various interest groups.

Companion Bills

No companion bills found.

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Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York; requires the timely disclosure of video footage related to the death of incarcerated individuals to the attorney general's office of special investigations (Part A); requires institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next of kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody (Part C); directs the state commission of correction to conduct a comprehensive study on deaths in correctional facilities within New York state to provide data-driven insights and recommendations to improve prison conditions, healthcare, and policies to prevent future tragedies (Part D); establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); relates to conflicts within the office of special investigation; provides that if the office of the attorney general has a conflict representing state employees in civil litigation, the attorney general may designate a deputy attorney general or assistant attorney general to act in their place; requires the attorney general to establish procedures to screen off certain records (part F); requires the commissioner of corrections and community supervision to collect and report on data from the office of special investigations regarding complaints received by such office in the previous quarter (Part G); increases the number of members on the state commission of correction; provides for the manner of confirmation of such members (Part H); relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time with 24 hours advance notice; grants the correctional association access to certain records and information of correctional facilities (Part I); relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody (Part J).