BILL ANALYSIS



S.B. 1178
By: Armbrister (Kubiak)
5-16-95
Committee Report (Unamended)


BACKGROUND

Currently, the secretary of state is not authorized to issue
subpoenas to conduct investigations into possible violations of the
Athlete Agents Act.


PURPOSE

S.B. 1178 authorizes the secretary of state to issue subpoenas and
propound interrogatories for the purpose of investigating
violations of the Athlete Agents Act.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 13, Acts of the 70th Legislature, 2nd
Called Session, 1987, (Article 8871, V.T.C.S. (Athlete Agents Act),
by adding Section 10A, as follows:

     Sec. 10A.  SUBPOENAS OR OTHER PROCESS IN INVESTIGATIONS BY
     SECRETARY OF STATE.  (a) Authorizes the secretary of state
     (secretary) to require and compel by subpoena or summons the
     attendance and testimony of witnesses and the production of
     any records the secretary deems relevant to a matter which the
     secretary has authority to investigate.  Authorizes the
     secretary of state or any officer designated by and acting on
     behalf of the secretary to administer oaths and affirmations,
     examine witnesses, and receive evidence.  Requires any
     information or evidence received to be treated as confidential
     and to not be open to public inspection except by court order
     and are exempt from disclosure under Chapter 552, Government
     Code.
     
     (b) Authorizes service of any subpoena or summons to be
       served at the secretary's discretion by the secretary, an
       authorized agent, a sheriff, or a constable and sets forth
       procedure for serving the subpoena or summons.  
       
       (c) Requires the secretary of state to refer the matter to
       the attorney general for enforcement on the failure to obey
       a subpoena or the refusal to appear or to answer of a
       witness whose testimony is sought.  Authorizes the attorney
       general to apply to a district court of Travis County for an
       order requiring compliance.  Requires the court to order
       compliance if the court determines that good cause exists
       for the issuance of the subpoena.  Authorizes the court to
       modify the requirements of a subpoena.  Provides that
       failure to obey the court's order is punishable as contempt.
       
       (d) Authorizes the secretary to propound to any athlete,
       compliance coordinator as designated under Section 7(e) of
       this Act, or any person subject to the provisions of this
       Act, and to any officer, director, partner, or associate
       thereof, interrogatories to enable the secretary to
       ascertain whether any person regulated by this Act is in
       compliance with this Act.  Prohibits the secretary of state
       from propounding interrogatories for athletes not
       represented by counsel.  Requires the interrogatories to be
       answered completely and under oath within a certain time
       period.  Requires interrogatories to be answered by the
       appropriate individual, officer, or authorized
       representative of the legal entity.
       
       (e) Requires the secretary to take action under Section 3(b)
       if interrogatories and the answers disclose a violation of
       the provisions of this Act.
       
       (f) Requires interrogatories and answers thereto to be
       treated as confidential and not open to public inspection
       except by court order and are exempt from disclosure under
       Chapter 552, Government Code.
       
       (g) Authorizes the secretary, at the secretary's discretion,
       to disclose any confidential information in the secretary's
       possession to any governmental or quasi-governmental
       authority.
SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.


SUMMARY OF COMMITTEE ACTION

SB 1178 was considered in a Formal Meeting on May 16, 1995.  The
Chair laid out SB 1178, and recognized Rep. Kubiak to explain the
bill.  There was no objection.  Rep. Kubiak moved that the full
committee adopt SB 1178, and that it be reported favorably to the
full House with the recommendation that it do pass and be printed,
and placed on the Local and Consent Calendar.  The motion prevailed
by the following vote:  AYES:  7, NAYS: 0, ABSENT: 2.