| 1 | 1 | | By: Carona S.B. No. 408 |
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| 2 | 2 | | (Gooden, Stephenson) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the confidentiality of certain complaints to and |
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| 8 | 8 | | investigations by the Texas Department of Licensing and Regulation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E, Chapter 51, Occupations Code, is |
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| 11 | 11 | | amended by adding Section 51.2525 to read as follows: |
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| 12 | 12 | | Sec. 51.2525. CONFIDENTIALITY OF COMPLAINTS AND |
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| 13 | 13 | | INVESTIGATIONS. (a) Notwithstanding any other law, except as |
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| 14 | 14 | | provided by this section, a complaint against a person filed with |
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| 15 | 15 | | the department or an investigation of a person conducted by the |
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| 16 | 16 | | department and all information and material compiled by the |
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| 17 | 17 | | department related to the complaint or investigation is: |
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| 18 | 18 | | (1) confidential and not subject to disclosure under |
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| 19 | 19 | | Chapter 552, Government Code; and |
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| 20 | 20 | | (2) not subject to disclosure, discovery, subpoena, or |
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| 21 | 21 | | other means of legal compulsion for release to anyone. |
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| 22 | 22 | | (b) Information regarding the complaint or the |
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| 23 | 23 | | investigation described by Subsection (a) shall be disclosed on |
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| 24 | 24 | | request to a law enforcement agency, a member of the legislature, or |
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| 25 | 25 | | a legislative agency. The member of the legislature or the |
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| 26 | 26 | | legislative agency shall maintain the confidentiality of any |
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| 27 | 27 | | information identifying a specific person. |
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| 28 | 28 | | (c) Information regarding the complaint or the |
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| 29 | 29 | | investigation described by Subsection (a) may be disclosed to: |
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| 30 | 30 | | (1) the department or a department employee or agent |
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| 31 | 31 | | involved in a disciplinary or other administrative proceeding; |
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| 32 | 32 | | (2) a party to the disciplinary or other |
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| 33 | 33 | | administrative proceeding or the party's designated agent; |
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| 34 | 34 | | (3) a licensing or disciplinary board in another |
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| 35 | 35 | | jurisdiction; or |
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| 36 | 36 | | (4) a person engaged in bona fide research, if all |
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| 37 | 37 | | information identifying a specific person has been deleted. |
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| 38 | 38 | | (d) The filing of formal proceedings against a person by the |
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| 39 | 39 | | department, the nature of those proceedings, disciplinary |
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| 40 | 40 | | proceedings of the department, and final disciplinary actions, |
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| 41 | 41 | | including warnings and reprimands, by the department are not |
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| 42 | 42 | | confidential and are subject to disclosure in accordance with |
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| 43 | 43 | | Chapter 552, Government Code. |
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| 44 | 44 | | SECTION 2. Section 51.2525, Occupations Code, as added by |
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| 45 | 45 | | this Act, applies only to a complaint filed or an investigation |
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| 46 | 46 | | commenced on or after the effective date of this Act. A complaint |
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| 47 | 47 | | filed or an investigation commenced before that date is governed by |
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| 48 | 48 | | the law in effect on the date the complaint was filed or the |
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| 49 | 49 | | investigation was commenced, and the former law is continued in |
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| 50 | 50 | | effect for that purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2013. |
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