Texas Senate Bill SB301

Texas 2011 - 82nd Regular

• Filed: 12/30/10
• Introduced: 12/30/10
• Refer: 2/2/11

Caption

Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties.

Impact

The bill directly amends Title 2 of the Occupations Code by adding a new chapter focused on complaint filings against license holders. It establishes penalties for individuals who file malicious complaints, which are defined as those intended to harm, harass, or abuse the subject of the complaint. Specifically, a civil penalty of $1,000 can be levied against those found to have submitted a malicious complaint. Furthermore, knowingly filing such a complaint can lead to a Class A misdemeanor charge, thus introducing criminal repercussions for abusing the complaint process.

Summary

SB301 introduces significant reforms regarding the process of filing complaints against licensed professionals in Texas. The bill mandates that any individual filing a complaint with a licensing authority must submit an affidavit affirming that the allegations are truthful. This change aims to deter false or malicious complaints that can harm a professional's reputation and career. By instituting this requirement, the legislation seeks to uphold the integrity of the licensing system and protect individuals in licensed professions from unjustified accusations.

Sentiment

The sentiment surrounding SB301 appears to be cautiously positive among supporters who advocate for the protection of licensed professionals from unfounded attacks. Proponents argue that this measure reinforces accountability in the complaint process and encourages individuals to think carefully before making accusations. However, some critics may view the bill as a potential barrier for legitimate complainants, fearing that the affidavit requirement might deter individuals from reporting genuine misconduct due to the burden of proof it imposes.

Contention

Key points of contention include the balance between protecting license holders from malicious complaints and ensuring that victims of genuine malpractice have a clear route to report grievances. Opponents of the bill may argue that the new requirements could silence victims who might fear retaliation. Additionally, there are concerns about the definitions provided in the bill, particularly regarding what constitutes a 'malicious' complaint, which could lead to ambiguities in enforcement and actual practice.