| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to the confidentiality of files related to complaints to |
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| 10 | 8 | | and investigations by the Texas Commission on Law Enforcement. |
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| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 10 | | SECTION 1. Section 1701.202(b), Occupations Code, is |
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| 13 | 11 | | amended to read as follows: |
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| 14 | 12 | | (b) On request, a license holder may obtain information |
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| 15 | 13 | | regarding a complaint made against the license holder under this |
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| 16 | 14 | | chapter, including a complete copy of the complaint file, but not |
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| 17 | 15 | | including information that is an attorney-client communication, an |
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| 18 | 16 | | attorney work product, or other information protected by a |
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| 19 | 17 | | privilege recognized by the Texas Rules of Civil Procedure or the |
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| 20 | 18 | | Texas Rules of Evidence. On receipt of a request under this |
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| 21 | 19 | | subsection, the commission shall provide the requested information |
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| 22 | 20 | | in a timely manner to allow the license holder time to respond to |
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| 23 | 21 | | the complaint. |
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| 24 | 22 | | SECTION 2. Subchapter E, Chapter 1701, Occupations Code, is |
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| 25 | 23 | | amended by adding Section 1701.2031 to read as follows: |
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| 26 | 24 | | Sec. 1701.2031. CONFIDENTIALITY OF INVESTIGATION MATERIAL. |
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| 27 | 25 | | (a) Information or material, including an investigation file, is |
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| 28 | 26 | | confidential and not subject to disclosure under Chapter 552, |
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| 29 | 27 | | Government Code, if the information or material is prepared or |
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| 30 | 28 | | compiled by the commission in connection with a complaint or an |
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| 31 | 29 | | investigation of any person subject to the jurisdiction of the |
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| 32 | 30 | | commission. |
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| 33 | 31 | | (b) Notwithstanding Subsection (a), information or material |
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| 34 | 32 | | prepared or compiled by the commission in connection with a |
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| 35 | 33 | | complaint or an investigation may be disclosed to: |
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| 36 | 34 | | (1) the respondent of the complaint; |
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| 37 | 35 | | (2) a person providing a service to the commission, an |
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| 38 | 36 | | expert or other witness, or an investigator, if the information is |
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| 39 | 37 | | necessary for preparation for, or a presentation in, a disciplinary |
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| 40 | 38 | | proceeding against a license holder, or a subsequent trial or |
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| 41 | 39 | | appeal taken from a disciplinary proceeding; |
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| 42 | 40 | | (3) a law enforcement agency; |
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| 43 | 41 | | (4) the State Office of Administrative Hearings; |
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| 44 | 42 | | (5) the office of the state auditor; or |
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| 45 | 43 | | (6) the commission, or a panel of the commission, for |
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| 46 | 44 | | use during any proceeding conducted by the State Office of |
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| 47 | 45 | | Administrative Hearings or in a subsequent trial or appeal of a |
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| 48 | 46 | | commission action or order. |
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| 49 | 47 | | (c) The release of information under Subsection (b) does not |
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| 50 | 48 | | constitute a release or disclosure for purposes of Section 552.007, |
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| 51 | 49 | | Government Code. |
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| 52 | 50 | | (d) The filing of formal charges by the commission against a |
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| 53 | 51 | | license holder, the nature of those charges, disciplinary |
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| 54 | 52 | | proceedings of the commission, and final disciplinary actions by |
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| 55 | 53 | | the commission, including warnings and reprimands, are not |
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| 56 | 54 | | confidential and are subject to disclosure in accordance with |
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| 57 | 55 | | Chapter 552, Government Code. |
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| 58 | 56 | | (e) After the investigation of a complaint in which the |
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| 59 | 57 | | commission imposes a disciplinary action against a license holder |
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| 60 | 58 | | under Section 1701.501, the information and materials prepared or |
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| 61 | 59 | | compiled by the commission regarding the complaint and |
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| 62 | 60 | | investigation of the license holder are not confidential and are |
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| 63 | 61 | | subject to disclosure in accordance with Chapter 552, Government |
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| 64 | 62 | | Code, not including any information that reveals or could reveal |
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| 65 | 63 | | the identity of a complainant or witness involved in the complaint, |
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| 66 | 64 | | investigation, or action. |
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| 67 | 65 | | SECTION 3. Section 1701.202, Occupations Code, as amended |
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| 68 | 66 | | by this Act, and Section 1701.2031, Occupations Code, as added by |
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| 69 | 67 | | this Act, apply only to a complaint filed or an investigation |
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| 70 | 68 | | commenced on or after the effective date of this Act. A complaint |
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| 71 | 69 | | filed or an investigation commenced before that date is governed by |
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| 72 | 70 | | the law in effect on the date the complaint was filed or the |
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| 73 | 71 | | investigation was commenced, and the former law is continued in |
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| 74 | 72 | | effect for that purpose. |
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| 75 | 73 | | SECTION 4. This Act takes effect September 1, 2017. |
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