Texas 2019 - 86th Regular

Texas House Bill HB2452 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2452
	1	+	By: Goldman, et al. (Senate Sponsor - Zaffirini) H.B. No. 2452
	2	+	(In the Senate - Received from the House April 24, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 10, 2019, reported favorably by the
	5	+	following vote: Yeas 8, Nays 0; May 10, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to complaints filed with the Texas Department of Licensing
6	12		and Regulation.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 51.252, Occupations Code, is amended by
9	15		amending Subsection (b) and adding Subsections (b-1) and (e) to
10	16		read as follows:
11	17		(b) The department shall maintain a file on each written
12	18		complaint filed with the department. The file must include:
13	19		(1) except for a complaint described by Subsection
14	20		(b-1), the name of the person who filed the complaint;
15	21		(2) the date the complaint is received by the
16	22		department;
17	23		(3) the subject matter of the complaint;
18	24		(4) the name of each person contacted in relation to
19	25		the complaint;
20	26		(5) a summary of the results of the review or
21	27		investigation of the complaint; and
22	28		(6) an explanation of the reason the file was closed,
23	29		if the department closed the file without taking action other than
24	30		to investigate the complaint.
25	31		(b-1) The department may accept, but is not required to
26	32		investigate, a complaint that lacks sufficient information to
27	33		identify the source or the name of the person who filed the
28	34		complaint.
29	35		(e) The department may contract with a qualified individual
30	36		to assist the department with reviewing or investigating complaints
31	37		filed with the department. Except for an act of the individual
32	38		involving fraud, conspiracy, or malice, an individual with whom the
33	39		department contracts under this subsection is immune from liability
34	40		and may not be subject to a suit for damages for any act arising from
35	41		the performance of the individual's duties in:
36	42		(1) participating in an informal conference to
37	43		determine the facts of a complaint;
38	44		(2) evaluating evidence in a complaint and offering an
39	45		expert opinion or technical guidance on an alleged violation of:
40	46		(A) a law establishing a regulatory program
41	47		administered by the department; or
42	48		(B) a rule adopted or order issued by the
43	49		executive director or commission;
44	50		(3) testifying at a hearing regarding a complaint; or
45	51		(4) making an evaluation, report, or recommendation
46	52		regarding a complaint.
47	53		SECTION 2. This Act takes effect immediately if it receives
48	54		a vote of two-thirds of all the members elected to each house, as
49	55		provided by Section 39, Article III, Texas Constitution. If this
50	56		Act does not receive the vote necessary for immediate effect, this
51	57		Act takes effect September 1, 2019.
52		-	______________________________ ______________________________
53		-	President of the Senate Speaker of the House
54		-	I certify that H.B. No. 2452 was passed by the House on April
55		-	24, 2019, by the following vote: Yeas 141, Nays 1, 1 present, not
56		-	voting.
57		-	______________________________
58		-	Chief Clerk of the House
59		-	I certify that H.B. No. 2452 was passed by the Senate on May
60		-	15, 2019, by the following vote: Yeas 31, Nays 0.
61		-	______________________________
62		-	Secretary of the Senate
63		-	APPROVED: _____________________
64		-	Date
65		-	_____________________
66		-	Governor
	58	+	* * * * *