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A BILL TO BE ENTITLED
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AN ACT
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relating to complaints filed with the State Board of Veterinary |
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Medical Examiners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 801.207, Occupations Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (b-1), |
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(b-2), and (b-3) to read as follows: |
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(b) Except as provided by Subsections (b-1) and (b-2), each |
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[Each] complaint, investigation file and record, and other |
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investigation report and all other investigative information in the |
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possession of or received or gathered by the board or the board's |
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employees or agents relating to a license holder, an application |
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for license, or a criminal investigation or proceeding is |
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privileged and confidential and is not subject to discovery, |
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subpoena, or other means of legal compulsion for release to anyone |
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other than the board or the board's employees or agents involved in |
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discipline of a license holder. |
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(b-1) The board shall provide a copy of each complaint to |
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the license holder who is the subject of the complaint not later |
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than the 14th day before the date any response is due, unless |
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providing a copy of the complaint would jeopardize an |
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investigation. The board may not require the license holder to |
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request a copy of the complaint. |
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(b-2) The board shall provide to the complainant a copy of |
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any response to the complaint the license holder provides not later |
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than the 14th day after the date the board receives the response, |
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unless providing the copy would jeopardize an investigation or the |
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act alleged in the complaint is not under the board's jurisdiction. |
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If the board provides a copy of a response to a complainant, the |
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board shall include with the copy notice of the complainant's |
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opportunity to rebut the license holder's response. |
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(b-3) The board is not required to provide a copy of the |
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complaint under Subsection (b-1) or a license holder's response |
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under Subsection (b-2) for a complaint initiated by the board. |
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(c) Except as provided by Subsection (b-1), the [The] board |
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shall protect the identity of a complainant to the extent possible. |
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SECTION 2. Section 801.207, Occupations Code, as amended by |
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this Act, applies only to a complaint filed with the State Board of |
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Veterinary Medical Examiners on or after the effective date of this |
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Act. A complaint filed with the board before the effective date of |
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this Act is governed by the law in effect on the date the complaint |
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was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |