88R11487 AJZ-F
By: Hinojosa S.B. No. 1834
A BILL TO BE ENTITLED
AN ACT
relating to disciplinary proceedings applicable to a crime
laboratory or license holder investigated by the Texas Forensic
Science Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 4-c(a), (c), (d), and (e), Article
38.01, Code of Criminal Procedure, are amended to read as follows:
(a) On a determination by the commission that a license
holder or crime laboratory has committed professional negligence or
professional misconduct under this article, violated the code of
professional responsibility under this article, or otherwise
violated this article or a rule or order of the commission under
this article, the commission may, as applicable:
(1) revoke or suspend the person's license or crime
laboratory's accreditation;
(2) refuse to renew the person's license or crime
laboratory's accreditation; or
(3) reprimand the license holder or crime laboratory.
(c) The commission shall give written notice by certified
mail of a determination described by Subsection (a) to the
applicable [a] license holder or crime laboratory [who is the
subject of the determination]. The notice must:
(1) include a brief summary of the alleged negligence,
misconduct, or violation;
(2) state the disciplinary action taken by the
commission; and
(3) inform the license holder or crime laboratory of
the license holder's or crime laboratory's right to a hearing before
the Judicial Branch Certification Commission on the occurrence of
the negligence, misconduct, or violation, the imposition of a
disciplinary action, or both.
(d) Not later than the 20th day after the date the license
holder or crime laboratory receives the notice under Subsection
(c), the license holder or crime laboratory may accept the
disciplinary action or request a hearing by submitting a written
request to the Judicial Branch Certification Commission to contest
the findings of fact or conclusions of law, the occurrence of the
negligence, misconduct, or violation, or the imposition of a
disciplinary action, as applicable. If the license holder or crime
laboratory fails to timely submit a request, the commission's
disciplinary action becomes final and is not subject to review by
the Judicial Branch Certification Commission.
(e) If the license holder or crime laboratory requests a
hearing, the Judicial Branch Certification Commission shall
conduct a hearing to determine whether there is substantial
evidence to support the determination under Subsection (a) that the
negligence, misconduct, or violation occurred [license holder
committed professional misconduct or violated this article or a
commission rule or order under this article]. If the Judicial
Branch Certification Commission upholds the determination, the
Judicial Branch Certification Commission shall determine the type
of disciplinary action to be taken. The Judicial Branch
Certification Commission shall conduct the hearing, and any appeal
of that commission's decision, in accordance with the procedures
provided by Subchapter B, Chapter 153, Government Code, as
applicable, and the rules of the Judicial Branch Certification
Commission.
SECTION 2. This Act takes effect September 1, 2023.