Bill Text: TX SB284 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to disciplinary proceedings applicable to a licensed forensic analyst.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB284 Detail]

Download: Texas-2019-SB284-Enrolled.html

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S.B. No. 284

AN ACT
relating to disciplinary proceedings applicable to a licensed
forensic analyst.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4-c, Article 38.01, Code of Criminal
Procedure, is amended by amending Subsection (c) and adding
Subsections (d) and (e) to read as follows:
(c) The commission shall give written notice by certified
mail of a determination described by Subsection (a) to a license
holder who is the subject of the determination. The notice must:
(1) include a brief summary of the alleged misconduct
or violation;
(2) state the disciplinary action taken by the
commission; and
(3) inform the license holder of the license holder's
right to a hearing before the Judicial Branch Certification
Commission on the occurrence of the misconduct or violation, the
imposition of disciplinary action, or both.
(d) Not later than the 20th day after the date the license
holder receives the notice under Subsection (c), the license holder
may request a hearing by submitting a written request to the
Judicial Branch Certification Commission. If the license holder
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 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 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 in accordance with the
procedures provided by Subchapter B, Chapter 153, Government Code,
as applicable, and the rules of the Judicial Branch Certification
Commission. [Disciplinary proceedings of the commission are
governed by Chapter 2001, Government Code. A hearing under this
section shall be conducted by an administrative law judge of the
State Office of Administrative Hearings.]
SECTION 2. The change in law made by this Act applies only
to a disciplinary action taken on or after the effective date of
this Act. A disciplinary action taken before the effective date of
this Act is governed by the law in effect on the date the action was
taken, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 284 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 284 passed the House on
May 22, 2019, by the following vote: Yeas 139, Nays 5, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor