By: Zaffirini S.B. No. 138
(Guillen)
A BILL TO BE ENTITLED
AN ACT
relating to procedures for filing complaints with, and providing
notice of certain violations to, the Texas Board of Professional
Geoscientists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1002.201, Occupations Code, is amended
to read as follows:
Sec. 1002.201. PUBLIC INTEREST INFORMATION. (a) The board
shall:
(1) prepare information of public interest
describing:
(A) the regulatory functions of the board; and
(B) the board's procedures by which complaints
are filed with and resolved by the board; and
(2) make the information available to the public and
appropriate state agencies.
(b) The board shall maintain on the board's Internet
website:
(1) information regarding the procedure for filing a
complaint with the board; and
(2) a means by which a person may electronically file a
complaint with the board.
SECTION 2. Section 1002.202, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d-1) to read as
follows:
(b) A complaint from a member of the public must be:
(1) in writing;
(2) sworn to by the person making the complaint; and
(3) filed with the secretary-treasurer or
electronically through the board's Internet website.
(d-1) The board shall accept a complaint regardless of
whether the complaint is notarized.
SECTION 3. Subchapter E, Chapter 1002, Occupations Code, is
amended by adding Sections 1002.206 and 1002.207 to read as
follows:
Sec. 1002.206. COMPLAINT EDUCATION. (a) In this section,
"state agency" has the meaning assigned by Section 57.001.
(b) The board shall work with each state agency that uses
the services of a person licensed under this chapter and other
appropriate state agencies as determined by the board, including a
state agency with which the board has entered into a memorandum of
understanding that addresses the coordination of activities or
complaints, to educate the agency's employees regarding the
procedures by which complaints are filed with and resolved by the
board.
Sec. 1002.207. DUTY OF STATE AGENCY TO REPORT POTENTIAL
VIOLATION. (a) In this section, "state agency" has the meaning
assigned by Section 57.001.
(b) A state agency that becomes aware of a potential
violation of this chapter or a rule adopted under this chapter shall
forward any information relating to the potential violation and any
subsequently obtained information to the board.
(c) Information forwarded by a state agency under this
section that is privileged or confidential remains privileged or
confidential following receipt by the board. The privilege or
confidentiality extends to any board communication concerning the
information forwarded, regardless of the form, manner, or content
of the communication.
(d) The forwarding of privileged or confidential
information by a state agency does not waive a privilege in or
create an exception to the confidentiality of the information.
(e) A state agency's provision of information or failure to
provide information under this section does not give rise to a cause
of action against the agency.
SECTION 4. Not later than December 1, 2013, the Texas Board
of Professional Geoscientists shall adopt rules necessary to
implement Sections 1002.201 and 1002.202, Occupations Code, as
amended by this Act, and Sections 1002.206 and 1002.207,
Occupations Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2013.