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.

Similar Bills

No similar bills found.