By: Carona S.B. No. 408
(Gooden, Stephenson)
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain complaints to and
investigations by the Texas Department of Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 51, Occupations Code, is
amended by adding Section 51.2525 to read as follows:
Sec. 51.2525. CONFIDENTIALITY OF COMPLAINTS AND
INVESTIGATIONS. (a) Notwithstanding any other law, except as
provided by this section, a complaint against a person filed with
the department or an investigation of a person conducted by the
department and all information and material compiled by the
department related to the complaint or investigation is:
(1) confidential and not subject to disclosure under
Chapter 552, Government Code; and
(2) not subject to disclosure, discovery, subpoena, or
other means of legal compulsion for release to anyone.
(b) Information regarding the complaint or the
investigation described by Subsection (a) shall be disclosed on
request to a law enforcement agency, a member of the legislature, or
a legislative agency. The member of the legislature or the
legislative agency shall maintain the confidentiality of any
information identifying a specific person.
(c) Information regarding the complaint or the
investigation described by Subsection (a) may be disclosed to:
(1) the department or a department employee or agent
involved in a disciplinary or other administrative proceeding;
(2) a party to the disciplinary or other
administrative proceeding or the party's designated agent;
(3) a licensing or disciplinary board in another
jurisdiction; or
(4) a person engaged in bona fide research, if all
information identifying a specific person has been deleted.
(d) The filing of formal proceedings against a person by the
department, the nature of those proceedings, disciplinary
proceedings of the department, and final disciplinary actions,
including warnings and reprimands, by the department are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
SECTION 2. Section 51.2525, Occupations Code, as added by
this Act, applies only to a complaint filed or an investigation
commenced on or after the effective date of this Act. A complaint
filed or an investigation commenced before that date is governed by
the law in effect on the date the complaint was filed or the
investigation was commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.