Bill Text: TX HB2991 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the confidentiality of files related to complaints to and investigations by the Texas Commission on Law Enforcement.
Sponsorship: Partisan Bill (Republican 2)
Status: (Engrossed - Dead) 2017-05-10 - Referred to Criminal Justice [HB2991 Detail]
Download: Texas-2017-HB2991-Engrossed.html
| 85R19414 JCG-F | ||
| By: Phillips, Fallon | H.B. No. 2991 | |
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| relating to the confidentiality of files related to complaints to | ||
| and investigations by the Texas Commission on Law Enforcement. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1701.202(b), Occupations Code, is | ||
| amended to read as follows: | ||
| (b) On request, a license holder may obtain information | ||
| regarding a complaint made against the license holder under this | ||
| chapter, including a complete copy of the complaint file, but not | ||
| including information that is an attorney-client communication, an | ||
| attorney work product, or other information protected by a | ||
| privilege recognized by the Texas Rules of Civil Procedure or the | ||
| Texas Rules of Evidence. On receipt of a request under this | ||
| subsection, the commission shall provide the requested information | ||
| in a timely manner to allow the license holder time to respond to | ||
| the complaint. | ||
| SECTION 2. Subchapter E, Chapter 1701, Occupations Code, is | ||
| amended by adding Section 1701.2031 to read as follows: | ||
| Sec. 1701.2031. CONFIDENTIALITY OF INVESTIGATION MATERIAL. | ||
| (a) Information or material, including an investigation file, is | ||
| confidential and not subject to disclosure under Chapter 552, | ||
| Government Code, if the information or material is prepared or | ||
| compiled by the commission in connection with a complaint or an | ||
| investigation of any person subject to the jurisdiction of the | ||
| commission. | ||
| (b) Notwithstanding Subsection (a), information or material | ||
| prepared or compiled by the commission in connection with a | ||
| complaint or an investigation may be disclosed to: | ||
| (1) the respondent of the complaint; | ||
| (2) a person providing a service to the commission, an | ||
| expert or other witness, or an investigator, if the information is | ||
| necessary for preparation for, or a presentation in, a disciplinary | ||
| proceeding against a license holder, or a subsequent trial or | ||
| appeal taken from a disciplinary proceeding; | ||
| (3) a law enforcement agency; | ||
| (4) the State Office of Administrative Hearings; | ||
| (5) the office of the state auditor; or | ||
| (6) the commission, or a panel of the commission, for | ||
| use during any proceeding conducted by the State Office of | ||
| Administrative Hearings or in a subsequent trial or appeal of a | ||
| commission action or order. | ||
| (c) The release of information under Subsection (b) does not | ||
| constitute a release or disclosure for purposes of Section 552.007, | ||
| Government Code. | ||
| (d) The filing of formal charges by the commission against a | ||
| license holder, the nature of those charges, disciplinary | ||
| proceedings of the commission, and final disciplinary actions by | ||
| the commission, including warnings and reprimands, are not | ||
| confidential and are subject to disclosure in accordance with | ||
| Chapter 552, Government Code. | ||
| (e) After the investigation of a complaint in which the | ||
| commission imposes a disciplinary action against a license holder | ||
| under Section 1701.501, the information and materials prepared or | ||
| compiled by the commission regarding the complaint and | ||
| investigation of the license holder are not confidential and are | ||
| subject to disclosure in accordance with Chapter 552, Government | ||
| Code, not including any information that reveals or could reveal | ||
| the identity of a complainant or witness involved in the complaint, | ||
| investigation, or action. | ||
| SECTION 3. Section 1701.202, Occupations Code, as amended | ||
| by this Act, and Section 1701.2031, Occupations Code, as added by | ||
| this Act, apply only to a complaint filed or an investigation | ||
| commenced on or after the effective date of this Act. A complaint | ||
| filed or an investigation commenced before that date is governed by | ||
| the law in effect on the date the complaint was filed or the | ||
| investigation was commenced, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
