Texas 2023 - 88th Regular

Texas Senate Bill SB1834 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R11487 AJZ-F
2	2	By: Hinojosa S.B. No. 1834
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to disciplinary proceedings applicable to a crime
8	8	laboratory or license holder investigated by the Texas Forensic
9	9	Science Commission.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 4-c(a), (c), (d), and (e), Article
12	12	38.01, Code of Criminal Procedure, are amended to read as follows:
13	13	(a) On a determination by the commission that a license
14	14	holder or crime laboratory has committed professional negligence or
15	15	professional misconduct under this article, violated the code of
16	16	professional responsibility under this article, or otherwise
17	17	violated this article or a rule or order of the commission under
18	18	this article, the commission may, as applicable:
19	19	(1) revoke or suspend the person's license or crime
20	20	laboratory's accreditation;
21	21	(2) refuse to renew the person's license or crime
22	22	laboratory's accreditation; or
23	23	(3) reprimand the license holder or crime laboratory.
24	24	(c) The commission shall give written notice by certified
25	25	mail of a determination described by Subsection (a) to the
26	26	applicable [a] license holder or crime laboratory [who is the
27	27	subject of the determination]. The notice must:
28	28	(1) include a brief summary of the alleged negligence,
29	29	misconduct, or violation;
30	30	(2) state the disciplinary action taken by the
31	31	commission; and
32	32	(3) inform the license holder or crime laboratory of
33	33	the license holder's or crime laboratory's right to a hearing before
34	34	the Judicial Branch Certification Commission on the occurrence of
35	35	the negligence, misconduct, or violation, the imposition of a
36	36	disciplinary action, or both.
37	37	(d) Not later than the 20th day after the date the license
38	38	holder or crime laboratory receives the notice under Subsection
39	39	(c), the license holder or crime laboratory may accept the
40	40	disciplinary action or request a hearing by submitting a written
41	41	request to the Judicial Branch Certification Commission to contest
42	42	the findings of fact or conclusions of law, the occurrence of the
43	43	negligence, misconduct, or violation, or the imposition of a
44	44	disciplinary action, as applicable. If the license holder or crime
45	45	laboratory fails to timely submit a request, the commission's
46	46	disciplinary action becomes final and is not subject to review by
47	47	the Judicial Branch Certification Commission.
48	48	(e) If the license holder or crime laboratory requests a
49	49	hearing, the Judicial Branch Certification Commission shall
50	50	conduct a hearing to determine whether there is substantial
51	51	evidence to support the determination under Subsection (a) that the
52	52	negligence, misconduct, or violation occurred [license holder
53	53	committed professional misconduct or violated this article or a
54	54	commission rule or order under this article]. If the Judicial
55	55	Branch Certification Commission upholds the determination, the
56	56	Judicial Branch Certification Commission shall determine the type
57	57	of disciplinary action to be taken. The Judicial Branch
58	58	Certification Commission shall conduct the hearing, and any appeal
59	59	of that commission's decision, in accordance with the procedures
60	60	provided by Subchapter B, Chapter 153, Government Code, as
61	61	applicable, and the rules of the Judicial Branch Certification
62	62	Commission.
63	63	SECTION 2. This Act takes effect September 1, 2023.