BILL ANALYSIS Senate Research Center S.B. 974 81R7149 YDB-F By: Carona Business & Commerce 4/5/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, land surveyors in Texas are regulated by the Texas Board of Professional Land Surveying (TBPLS) and a frivolous complaint against a registered professional land surveyor brought before TBPLS is public information, except that a license holder's name and other personal information is redacted. As proposed, S.B. 974 provides that for any complaint filed with the TBPLS that is determined to be frivolous or without merit, the complaint and other enforcement case information related to the complaint are confidential. The bill provides that information is not subject to discovery, subpoena, or other disclosure. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1071.204(e), Occupations Code, to provide that for any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. Authorizes the information to be used only by the Texas Board of Professional Land Surveying or by its employees or agents directly involved in the enforcement process for that complaint. Provides that the information is not subject to discovery, subpoena, or other disclosure. Deletes existing text providing that a frivolous complaint is public information, except that the license holder's name and other personal information is required to be redacted. SECTION 2. Effective date: upon passage or September 1, 2009.
BILL ANALYSIS
Senate Research Center S.B. 974
81R7149 YDB-F By: Carona
Business & Commerce
4/5/2009
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, land surveyors in Texas are regulated by the Texas Board of Professional Land Surveying (TBPLS) and a frivolous complaint against a registered professional land surveyor brought before TBPLS is public information, except that a license holder's name and other personal information is redacted.
As proposed, S.B. 974 provides that for any complaint filed with the TBPLS that is determined to be frivolous or without merit, the complaint and other enforcement case information related to the complaint are confidential. The bill provides that information is not subject to discovery, subpoena, or other disclosure.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1071.204(e), Occupations Code, to provide that for any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. Authorizes the information to be used only by the Texas Board of Professional Land Surveying or by its employees or agents directly involved in the enforcement process for that complaint. Provides that the information is not subject to discovery, subpoena, or other disclosure. Deletes existing text providing that a frivolous complaint is public information, except that the license holder's name and other personal information is required to be redacted.
SECTION 2. Effective date: upon passage or September 1, 2009.