Texas 2013 - 83rd Regular

Texas Senate Bill SB138 Compare Versions

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1	1	By: Zaffirini S.B. No. 138
2	2	(Guillen)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for filing complaints with, and providing
8	8	notice of certain violations to, the Texas Board of Professional
9	9	Geoscientists.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1002.201, Occupations Code, is amended
12	12	to read as follows:
13	13	Sec. 1002.201. PUBLIC INTEREST INFORMATION. (a) The board
14	14	shall:
15	15	(1) prepare information of public interest
16	16	describing:
17	17	(A) the regulatory functions of the board; and
18	18	(B) the board's procedures by which complaints
19	19	are filed with and resolved by the board; and
20	20	(2) make the information available to the public and
21	21	appropriate state agencies.
22	22	(b) The board shall maintain on the board's Internet
23	23	website:
24	24	(1) information regarding the procedure for filing a
25	25	complaint with the board; and
26	26	(2) a means by which a person may electronically file a
27	27	complaint with the board.
28	28	SECTION 2. Section 1002.202, Occupations Code, is amended
29	29	by amending Subsection (b) and adding Subsection (d-1) to read as
30	30	follows:
31	31	(b) A complaint from a member of the public must be:
32	32	(1) in writing;
33	33	(2) sworn to by the person making the complaint; and
34	34	(3) filed with the secretary-treasurer or
35	35	electronically through the board's Internet website.
36	36	(d-1) The board shall accept a complaint regardless of
37	37	whether the complaint is notarized.
38	38	SECTION 3. Subchapter E, Chapter 1002, Occupations Code, is
39	39	amended by adding Sections 1002.206 and 1002.207 to read as
40	40	follows:
41	41	Sec. 1002.206. COMPLAINT EDUCATION. (a) In this section,
42	42	"state agency" has the meaning assigned by Section 57.001.
43	43	(b) The board shall work with each state agency that uses
44	44	the services of a person licensed under this chapter and other
45	45	appropriate state agencies as determined by the board, including a
46	46	state agency with which the board has entered into a memorandum of
47	47	understanding that addresses the coordination of activities or
48	48	complaints, to educate the agency's employees regarding the
49	49	procedures by which complaints are filed with and resolved by the
50	50	board.
51	51	Sec. 1002.207. DUTY OF STATE AGENCY TO REPORT POTENTIAL
52	52	VIOLATION. (a) In this section, "state agency" has the meaning
53	53	assigned by Section 57.001.
54	54	(b) A state agency that becomes aware of a potential
55	55	violation of this chapter or a rule adopted under this chapter shall
56	56	forward any information relating to the potential violation and any
57	57	subsequently obtained information to the board.
58	58	(c) Information forwarded by a state agency under this
59	59	section that is privileged or confidential remains privileged or
60	60	confidential following receipt by the board. The privilege or
61	61	confidentiality extends to any board communication concerning the
62	62	information forwarded, regardless of the form, manner, or content
63	63	of the communication.
64	64	(d) The forwarding of privileged or confidential
65	65	information by a state agency does not waive a privilege in or
66	66	create an exception to the confidentiality of the information.
67	67	(e) A state agency's provision of information or failure to
68	68	provide information under this section does not give rise to a cause
69	69	of action against the agency.
70	70	SECTION 4. Not later than December 1, 2013, the Texas Board
71	71	of Professional Geoscientists shall adopt rules necessary to
72	72	implement Sections 1002.201 and 1002.202, Occupations Code, as
73	73	amended by this Act, and Sections 1002.206 and 1002.207,
74	74	Occupations Code, as added by this Act.
75	75	SECTION 5. This Act takes effect September 1, 2013.