By: Patrick, et al. (Senate Sponsor - Carona) H.B. No. 2876
(In the Senate - Received from the House May 4, 2009;
May 6, 2009, read first time and referred to Committee on
Jurisprudence; May 15, 2009, reported favorably by the following
vote: Yeas 7, Nays 0; May 15, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of an administrative law judge to order
the release of certain information relating to a child abuse and
neglect investigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.201, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) On a motion of one of the parties in a contested case
before an administrative law judge relating to the license or
certification of a professional, as defined by Section 261.101(b),
or an educator, as defined by Section 5.001, Education Code, the
administrative law judge may order the disclosure of information
that is confidential under this section that relates to the matter
before the administrative law judge after a hearing for which
notice is provided as required by Subsection (b)(2) and making the
review and determination required by Subsection (b)(3). Before the
department may release information under this subsection, the
department must edit the information to protect the confidentiality
of the identity of any person who makes a report of abuse or
neglect.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *