| 1 | 1 | | H.B. No. 2876 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the authority of an administrative law judge to order |
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| 6 | 6 | | the release of certain information relating to a child abuse and |
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| 7 | 7 | | neglect investigation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 261.201, Family Code, is amended by |
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| 10 | 10 | | adding Subsection (b-1) to read as follows: |
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| 11 | 11 | | (b-1) On a motion of one of the parties in a contested case |
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| 12 | 12 | | before an administrative law judge relating to the license or |
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| 13 | 13 | | certification of a professional, as defined by Section 261.101(b), |
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| 14 | 14 | | or an educator, as defined by Section 5.001, Education Code, the |
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| 15 | 15 | | administrative law judge may order the disclosure of information |
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| 16 | 16 | | that is confidential under this section that relates to the matter |
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| 17 | 17 | | before the administrative law judge after a hearing for which |
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| 18 | 18 | | notice is provided as required by Subsection (b)(2) and making the |
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| 19 | 19 | | review and determination required by Subsection (b)(3). Before the |
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| 20 | 20 | | department may release information under this subsection, the |
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| 21 | 21 | | department must edit the information to protect the confidentiality |
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| 22 | 22 | | of the identity of any person who makes a report of abuse or |
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| 23 | 23 | | neglect. |
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| 24 | 24 | | SECTION 2. This Act takes effect immediately if it receives |
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| 25 | 25 | | a vote of two-thirds of all the members elected to each house, as |
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| 26 | 26 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 27 | 27 | | Act does not receive the vote necessary for immediate effect, this |
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| 28 | 28 | | Act takes effect September 1, 2009. |
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| 29 | 29 | | ______________________________ ______________________________ |
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| 30 | 30 | | President of the Senate Speaker of the House |
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| 31 | 31 | | I certify that H.B. No. 2876 was passed by the House on May 1, |
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| 32 | 32 | | 2009, by the following vote: Yeas 143, Nays 0, 1 present, not |
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| 33 | 33 | | voting. |
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| 34 | 34 | | ______________________________ |
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| 35 | 35 | | Chief Clerk of the House |
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| 36 | 36 | | I certify that H.B. No. 2876 was passed by the Senate on May |
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| 37 | 37 | | 21, 2009, by the following vote: Yeas 31, Nays 0. |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Secretary of the Senate |
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| 40 | 40 | | APPROVED: _____________________ |
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| 41 | 41 | | Date |
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| 42 | 42 | | _____________________ |
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| 43 | 43 | | Governor |
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