Bill Text: TX HB4089 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a pilot project for complaints filed with certain state boards or agencies.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-24 - Referred to State Affairs [HB4089 Detail]
Download: Texas-2015-HB4089-Introduced.html
| By: Fletcher | H.B. No. 4089 | |
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| relating to a pilot project for complaints filed with certain state | ||
| boards or agencies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 154, Occupations Code, is | ||
| amended by adding Section 154.059 to read as follows: | ||
| Sec. 154.059. DISMISSAL OF CERTAIN COMPLAINTS. (a) | ||
| Notwithstanding any other law, the board shall dismiss, with | ||
| prejudice for want of prosecution, a complaint filed with the board | ||
| against a license holder if: | ||
| (1) the complaint is pending with the board and has not | ||
| been referred to the State Office of Administrative Hearings; | ||
| (2) the license holder files a motion to dismiss the | ||
| complaint with the board; and | ||
| (3) the complaint was filed with the board more than 12 | ||
| months before the date the motion to dismiss the complaint was | ||
| filed. | ||
| (b) Not later than December 31, 2016, the board shall submit | ||
| a report to the governor, lieutenant governor, and speaker of the | ||
| house of representatives that contains: | ||
| (1) the number and types of complaints dismissed under | ||
| this section; and | ||
| (2) the amount of time each complaint was pending with | ||
| the board before the complaint was dismissed. | ||
| (c) This subsection and Subsection (a) expire August 31, | ||
| 2016. | ||
| (d) This subsection and Subsection (b) expire January 1, | ||
| 2017. | ||
| SECTION 2. Subchapter F, Chapter 1001, Occupations Code, is | ||
| amended by adding Section 1001.256 to read as follows: | ||
| Sec. 1001.256. DISMISSAL OF CERTAIN COMPLAINTS. (a) | ||
| Notwithstanding any other law, the board shall dismiss, with | ||
| prejudice for want of prosecution, a complaint filed with the board | ||
| against a license holder if: | ||
| (1) the complaint is pending with the board and has not | ||
| been referred to the State Office of Administrative Hearings; | ||
| (2) the license holder files a motion to dismiss the | ||
| complaint with the board; and | ||
| (3) the complaint was filed with the board more than 12 | ||
| months before the date the motion to dismiss the complaint was | ||
| filed. | ||
| (b) Not later than December 31, 2016, the board shall submit | ||
| a report to the governor, lieutenant governor, and speaker of the | ||
| house of representatives that contains: | ||
| (1) the number and types of complaints dismissed under | ||
| this section; and | ||
| (2) the amount of time each complaint was pending with | ||
| the board before the complaint was dismissed. | ||
| (c) This subsection and Subsection (a) expire August 31, | ||
| 2016. | ||
| (d) This subsection and Subsection (b) expire January 1, | ||
| 2017. | ||
| SECTION 3. The changes in law made by this Act apply to a | ||
| complaint filed with a state agency that is pending on the effective | ||
| date of this Act. | ||
| SECTION 4. 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, 2015. | ||
