| 1 | 1 | | By: Fletcher H.B. No. 4089 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to a pilot project for complaints filed with certain state |
|---|
| 7 | 7 | | boards or agencies. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter B, Chapter 154, Occupations Code, is |
|---|
| 10 | 10 | | amended by adding Section 154.059 to read as follows: |
|---|
| 11 | 11 | | Sec. 154.059. DISMISSAL OF CERTAIN COMPLAINTS. (a) |
|---|
| 12 | 12 | | Notwithstanding any other law, the board shall dismiss, with |
|---|
| 13 | 13 | | prejudice for want of prosecution, a complaint filed with the board |
|---|
| 14 | 14 | | against a license holder if: |
|---|
| 15 | 15 | | (1) the complaint is pending with the board and has not |
|---|
| 16 | 16 | | been referred to the State Office of Administrative Hearings; |
|---|
| 17 | 17 | | (2) the license holder files a motion to dismiss the |
|---|
| 18 | 18 | | complaint with the board; and |
|---|
| 19 | 19 | | (3) the complaint was filed with the board more than 12 |
|---|
| 20 | 20 | | months before the date the motion to dismiss the complaint was |
|---|
| 21 | 21 | | filed. |
|---|
| 22 | 22 | | (b) Not later than December 31, 2016, the board shall submit |
|---|
| 23 | 23 | | a report to the governor, lieutenant governor, and speaker of the |
|---|
| 24 | 24 | | house of representatives that contains: |
|---|
| 25 | 25 | | (1) the number and types of complaints dismissed under |
|---|
| 26 | 26 | | this section; and |
|---|
| 27 | 27 | | (2) the amount of time each complaint was pending with |
|---|
| 28 | 28 | | the board before the complaint was dismissed. |
|---|
| 29 | 29 | | (c) This subsection and Subsection (a) expire August 31, |
|---|
| 30 | 30 | | 2016. |
|---|
| 31 | 31 | | (d) This subsection and Subsection (b) expire January 1, |
|---|
| 32 | 32 | | 2017. |
|---|
| 33 | 33 | | SECTION 2. Subchapter F, Chapter 1001, Occupations Code, is |
|---|
| 34 | 34 | | amended by adding Section 1001.256 to read as follows: |
|---|
| 35 | 35 | | Sec. 1001.256. DISMISSAL OF CERTAIN COMPLAINTS. (a) |
|---|
| 36 | 36 | | Notwithstanding any other law, the board shall dismiss, with |
|---|
| 37 | 37 | | prejudice for want of prosecution, a complaint filed with the board |
|---|
| 38 | 38 | | against a license holder if: |
|---|
| 39 | 39 | | (1) the complaint is pending with the board and has not |
|---|
| 40 | 40 | | been referred to the State Office of Administrative Hearings; |
|---|
| 41 | 41 | | (2) the license holder files a motion to dismiss the |
|---|
| 42 | 42 | | complaint with the board; and |
|---|
| 43 | 43 | | (3) the complaint was filed with the board more than 12 |
|---|
| 44 | 44 | | months before the date the motion to dismiss the complaint was |
|---|
| 45 | 45 | | filed. |
|---|
| 46 | 46 | | (b) Not later than December 31, 2016, the board shall submit |
|---|
| 47 | 47 | | a report to the governor, lieutenant governor, and speaker of the |
|---|
| 48 | 48 | | house of representatives that contains: |
|---|
| 49 | 49 | | (1) the number and types of complaints dismissed under |
|---|
| 50 | 50 | | this section; and |
|---|
| 51 | 51 | | (2) the amount of time each complaint was pending with |
|---|
| 52 | 52 | | the board before the complaint was dismissed. |
|---|
| 53 | 53 | | (c) This subsection and Subsection (a) expire August 31, |
|---|
| 54 | 54 | | 2016. |
|---|
| 55 | 55 | | (d) This subsection and Subsection (b) expire January 1, |
|---|
| 56 | 56 | | 2017. |
|---|
| 57 | 57 | | SECTION 3. The changes in law made by this Act apply to a |
|---|
| 58 | 58 | | complaint filed with a state agency that is pending on the effective |
|---|
| 59 | 59 | | date of this Act. |
|---|
| 60 | 60 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 64 | 64 | | Act takes effect September 1, 2015. |
|---|