H.B. No. 2452
AN ACT
relating to complaints filed with the Texas Department of Licensing
and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.252, Occupations Code, is amended by
amending Subsection (b) and adding Subsections (b-1) and (e) to
read as follows:
(b) The department shall maintain a file on each written
complaint filed with the department. The file must include:
(1) except for a complaint described by Subsection
(b-1), the name of the person who filed the complaint;
(2) the date the complaint is received by the
department;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the department closed the file without taking action other than
to investigate the complaint.
(b-1) The department may accept, but is not required to
investigate, a complaint that lacks sufficient information to
identify the source or the name of the person who filed the
complaint.
(e) The department may contract with a qualified individual
to assist the department with reviewing or investigating complaints
filed with the department. Except for an act of the individual
involving fraud, conspiracy, or malice, an individual with whom the
department contracts under this subsection is immune from liability
and may not be subject to a suit for damages for any act arising from
the performance of the individual's duties in:
(1) participating in an informal conference to
determine the facts of a complaint;
(2) evaluating evidence in a complaint and offering an
expert opinion or technical guidance on an alleged violation of:
(A) a law establishing a regulatory program
administered by the department; or
(B) a rule adopted or order issued by the
executive director or commission;
(3) testifying at a hearing regarding a complaint; or
(4) making an evaluation, report, or recommendation
regarding a 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2452 was passed by the House on April
24, 2019, by the following vote: Yeas 141, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2452 was passed by the Senate on May
15, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor