By: Goldman H.B. No. 2452
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Department of Licensing and Regulation
complaint review process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.252, Occupations Code, is amended by
adding Subsections (e), (f), and (g) to read as follows:
(e) The department may contract with a qualified individual
to assist with the complaint review process.
(f) Except for any action by a qualified individual
involving fraud, conspiracy, or malice, a qualified individual with
whom the department contracts to provide complaint review services
is immune from liability and may not be subject to a suit for
damages for any act arising from the performance of their duties in:
(1) participating in an informal conference to
determine the facts of a complaint;
(2) evaluating evidence in a complaint filed with the
department and offering an expert opinion or technical guidance
about possible violations;
(3) testifying at a hearing regarding a complaint; and
(4) making an evaluation, report, or recommendation
regarding a complaint.
(g) The department may accept, but is not obligated to
investigate, a complaint that lacks sufficient information to
identify the source or the name of the person who filed the
complaint.
SECTION 2. 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, 2019.