By: Fletcher H.B. No. 4089
A BILL TO BE ENTITLED
AN ACT
relating to a pilot project for complaints filed with certain state
boards or agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 154, Occupations Code, is
amended by adding Section 154.059 to read as follows:
Sec. 154.059. DISMISSAL OF CERTAIN COMPLAINTS. (a)
Notwithstanding any other law, the board shall dismiss, with
prejudice for want of prosecution, a complaint filed with the board
against a license holder if:
(1) the complaint is pending with the board and has not
been referred to the State Office of Administrative Hearings;
(2) the license holder files a motion to dismiss the
complaint with the board; and
(3) the complaint was filed with the board more than 12
months before the date the motion to dismiss the complaint was
filed.
(b) Not later than December 31, 2016, the board shall submit
a report to the governor, lieutenant governor, and speaker of the
house of representatives that contains:
(1) the number and types of complaints dismissed under
this section; and
(2) the amount of time each complaint was pending with
the board before the complaint was dismissed.
(c) This subsection and Subsection (a) expire August 31,
2016.
(d) This subsection and Subsection (b) expire January 1,
2017.
SECTION 2. Subchapter F, Chapter 1001, Occupations Code, is
amended by adding Section 1001.256 to read as follows:
Sec. 1001.256. DISMISSAL OF CERTAIN COMPLAINTS. (a)
Notwithstanding any other law, the board shall dismiss, with
prejudice for want of prosecution, a complaint filed with the board
against a license holder if:
(1) the complaint is pending with the board and has not
been referred to the State Office of Administrative Hearings;
(2) the license holder files a motion to dismiss the
complaint with the board; and
(3) the complaint was filed with the board more than 12
months before the date the motion to dismiss the complaint was
filed.
(b) Not later than December 31, 2016, the board shall submit
a report to the governor, lieutenant governor, and speaker of the
house of representatives that contains:
(1) the number and types of complaints dismissed under
this section; and
(2) the amount of time each complaint was pending with
the board before the complaint was dismissed.
(c) This subsection and Subsection (a) expire August 31,
2016.
(d) This subsection and Subsection (b) expire January 1,
2017.
SECTION 3. The changes in law made by this Act apply to a
complaint filed with a state agency that is pending on the effective
date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.