| 1 | 1 | | 81R4868 YDB-D |
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| 2 | 2 | | By: Martinez Fischer H.B. No. 757 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to public access to certain information and materials. |
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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. (a) The following sections of the Occupations |
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| 10 | 10 | | Code are repealed: |
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| 11 | 11 | | (1) Section 110.256; |
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| 12 | 12 | | (2) Sections 401.2535(h) and (i); |
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| 13 | 13 | | (3) Sections 402.154(h) and (i); |
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| 14 | 14 | | (4) Sections 451.110(h) and (i); |
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| 15 | 15 | | (5) Sections 502.2045(h) and (i); |
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| 16 | 16 | | (6) Sections 503.2545(h) and (i); |
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| 17 | 17 | | (7) Sections 505.2545(h) and (i); |
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| 18 | 18 | | (8) Sections 602.1525(h) and (i); |
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| 19 | 19 | | (9) Sections 603.2041(h) and (i); |
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| 20 | 20 | | (10) Sections 605.2021(h) and (i); and |
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| 21 | 21 | | (11) Sections 701.2041(h) and (i). |
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| 22 | 22 | | (b) Sections 241.051(e) and 577.013(e), Health and Safety |
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| 23 | 23 | | Code, are repealed. |
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| 24 | 24 | | SECTION 2. Section 241.051(d), Health and Safety Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (d) Information [All information and materials] obtained or |
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| 27 | 27 | | compiled by the department in connection with a complaint or [and] |
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| 28 | 28 | | investigation that is [concerning a hospital are] confidential by |
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| 29 | 29 | | law remains confidential and is [and] not subject to disclosure |
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| 30 | 30 | | under Chapter 552 [Section 552.001 et seq.], Government Code[, and |
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| 31 | 31 | | not subject to disclosure, discovery, subpoena, or other means of |
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| 32 | 32 | | legal compulsion for their release to anyone other than the |
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| 33 | 33 | | department or its employees or agents involved in the enforcement |
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| 34 | 34 | | action except that this information may be disclosed to: |
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| 35 | 35 | | [(1) persons involved with the department in the |
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| 36 | 36 | | enforcement action against the hospital; |
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| 37 | 37 | | [(2) the hospital that is the subject of the |
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| 38 | 38 | | enforcement action, or the hospital's authorized representative; |
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| 39 | 39 | | [(3) appropriate state or federal agencies that are |
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| 40 | 40 | | authorized to inspect, survey, or investigate hospital services; |
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| 41 | 41 | | [(4) law enforcement agencies; and |
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| 42 | 42 | | [(5) persons engaged in bona fide research, if all |
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| 43 | 43 | | individual-identifying and hospital-identifying information has |
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| 44 | 44 | | been deleted]. |
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| 45 | 45 | | SECTION 3. Section 577.013(d), Health and Safety Code, is |
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| 46 | 46 | | amended to read as follows: |
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| 47 | 47 | | (d) Information [All information and materials] obtained or |
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| 48 | 48 | | compiled by the department in connection with a complaint or [and] |
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| 49 | 49 | | investigation that is [concerning a mental hospital licensed under |
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| 50 | 50 | | this chapter are] confidential by law remains confidential and is |
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| 51 | 51 | | [and] not subject to disclosure under Chapter 552, Government |
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| 52 | 52 | | Code[, discovery, subpoena, or other means of legal compulsion for |
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| 53 | 53 | | their release to anyone other than the department or its employees |
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| 54 | 54 | | or agents involved in the enforcement action except that this |
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| 55 | 55 | | information may be disclosed to: |
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| 56 | 56 | | [(1) persons involved with the department in the |
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| 57 | 57 | | enforcement action against the licensed mental hospital; |
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| 58 | 58 | | [(2) the licensed mental hospital that is the subject |
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| 59 | 59 | | of the enforcement action, or the licensed mental hospital's |
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| 60 | 60 | | authorized representative; |
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| 61 | 61 | | [(3) appropriate state or federal agencies that are |
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| 62 | 62 | | authorized to inspect, survey, or investigate licensed mental |
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| 63 | 63 | | hospital services; |
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| 64 | 64 | | [(4) law enforcement agencies; and |
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| 65 | 65 | | [(5) persons engaged in bona fide research, if all |
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| 66 | 66 | | individual-identifying information and information identifying the |
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| 67 | 67 | | licensed mental hospital has been deleted]. |
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| 68 | 68 | | SECTION 4. This Act takes effect September 1, 2009. |
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