By: Carona S.B. No. 974
(In the Senate - Filed February 19, 2009; March 9, 2009,
read first time and referred to Committee on Business and Commerce;
April 8, 2009, reported favorably by the following vote: Yeas 8,
Nays 0; April 8, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to records of certain frivolous complaints maintained by
the Texas Board of Professional Land Surveying.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 1071.204, Occupations
Code, is amended to read as follows:
(e) For any complaint determined to be frivolous or without
merit, the complaint and other enforcement case information related
to that complaint are confidential. The information may be used
only by the board or by its employees or agents directly involved in
the enforcement process for that complaint. The information is not
subject to discovery, subpoena, or other disclosure [A frivolous
complaint is public information, except that the license holder's
name and other personal information shall be redacted].
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.
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