Bill Text: TX SB408 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the confidentiality of certain complaints to and investigations by the Texas Department of Licensing and Regulation.
Sponsorship: Partisan Bill (Republican 3)
Status: (Engrossed - Dead) 2013-05-16 - Comm. report sent to Local & Consent Calendar [SB408 Detail]
Download: Texas-2013-SB408-Engrossed.html
| By: Carona | S.B. No. 408 | |
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| relating to the confidentiality of certain complaints to and | ||
| investigations by the Texas Department of Licensing and Regulation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 51, Occupations Code, is | ||
| amended by adding Section 51.2525 to read as follows: | ||
| Sec. 51.2525. CONFIDENTIALITY OF COMPLAINTS AND | ||
| INVESTIGATIONS. (a) Notwithstanding any other law, except as | ||
| provided by this section, a complaint against a person filed with | ||
| the department or an investigation of a person conducted by the | ||
| department and all information and material compiled by the | ||
| department related to the complaint or investigation is: | ||
| (1) confidential and not subject to disclosure under | ||
| Chapter 552, Government Code; and | ||
| (2) not subject to disclosure, discovery, subpoena, or | ||
| other means of legal compulsion for release to anyone. | ||
| (b) Information regarding the complaint or the | ||
| investigation described by Subsection (a) shall be disclosed on | ||
| request to a law enforcement agency, a member of the legislature, or | ||
| a legislative agency. The member of the legislature or the | ||
| legislative agency shall maintain the confidentiality of any | ||
| information identifying a specific person. | ||
| (c) Information regarding the complaint or the | ||
| investigation described by Subsection (a) may be disclosed to: | ||
| (1) the department or a department employee or agent | ||
| involved in a disciplinary or other administrative proceeding; | ||
| (2) a party to the disciplinary or other | ||
| administrative proceeding or the party's designated agent; | ||
| (3) a licensing or disciplinary board in another | ||
| jurisdiction; or | ||
| (4) a person engaged in bona fide research, if all | ||
| information identifying a specific person has been deleted. | ||
| (d) The filing of formal proceedings against a person by the | ||
| department, the nature of those proceedings, disciplinary | ||
| proceedings of the department, and final disciplinary actions, | ||
| including warnings and reprimands, by the department are not | ||
| confidential and are subject to disclosure in accordance with | ||
| Chapter 552, Government Code. | ||
| SECTION 2. Section 51.2525, Occupations Code, as added by | ||
| this Act, applies 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 3. This Act takes effect September 1, 2013. | ||
