By:  Naishtat                                         H.B. No. 2458
       73R3561 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the Department of Protective and
    1-3  Regulatory Services or another state agency to obtain certain
    1-4  records or documents.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter C, Chapter 48, Human Resources Code,
    1-7  is amended by adding Section 48.0385 to read as follows:
    1-8        Sec. 48.0385.  ACCESS TO RECORDS OR DOCUMENTS.  (a)  If the
    1-9  department or another state agency cannot obtain access to a record
   1-10  or document that is necessary to properly conduct an investigation
   1-11  under this chapter, the department or agency may petition the
   1-12  probate court or the statutory or constitutional county court
   1-13  having probate jurisdiction for access to the record or document.
   1-14        (b)  On good cause shown, the court shall order the person
   1-15  who denied access to a record or document to allow the department
   1-16  or agency to have access under the terms and conditions prescribed
   1-17  by the court.
   1-18        (c)  A person is entitled to notice and a hearing on the
   1-19  petition.
   1-20        (d)  Access to a confidential record under this section does
   1-21  not constitute a waiver of confidentiality.
   1-22        SECTION 2.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.