Bill Text: TX HB2991 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the confidentiality of files related to complaints to and investigations by the Texas Commission on Law Enforcement.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-10 - Referred to Criminal Justice [HB2991 Detail]
Download: Texas-2017-HB2991-Comm_Sub.html
Bill Title: Relating to the confidentiality of files related to complaints to and investigations by the Texas Commission on Law Enforcement.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-10 - Referred to Criminal Justice [HB2991 Detail]
Download: Texas-2017-HB2991-Comm_Sub.html
85R19414 JCG-F | |||
By: Phillips | H.B. No. 2991 | ||
Substitute the following for H.B. No. 2991: | |||
By: Nevárez | C.S.H.B. No. 2991 |
|
||
|
||
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. |