By: Armbrister S.B. No. 1178
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of athlete agents and providing for the
1-2 issuance of subpoenas and other process in investigations by the
1-3 Secretary of State.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Athlete Agents Act (Article 8871, Vernon's
1-6 Texas Civil Statutes) is amended by adding Section 12 to read as
1-7 follows:
1-8 SUBPOENAS OR OTHER PROCESS IN INVESTIGATIONS
1-9 BY SECRETARY OF STATE
1-10 Sec. 12. (a) The secretary of state may require and compel,
1-11 by subpoena or summons issued by the secretary of state, the
1-12 attendance and testimony of witnesses and the production of any
1-13 books, accounts, records, magnetic or electric recordings, papers,
1-14 contracts, and correspondence or other records the secretary deems
1-15 relevant or material to a matter which the secretary of state has
1-16 authority under this Act to investigate. For this purpose, the
1-17 secretary of state or any officer designated by and acting on the
1-18 behalf of the secretary of state may administer oaths and
1-19 affirmations, examine witnesses and receive evidence. Any
1-20 information or evidence received shall be treated as confidential
1-21 by the secretary of state and shall not be open to public
1-22 inspection except by court order.
1-23 (b) Service of any subpoena or summons issued by the
2-1 secretary of state may be served, at the secretary's discretion, by
2-2 the secretary, the secretary's authorized agent, a sheriff, or a
2-3 constable. Service may be made on any natural person by delivering
2-4 a duly executed copy of the subpoena or summons to the person to be
2-5 served or by mailing such copy by registered or certified mail,
2-6 return receipt requested, to such person at the person's residence
2-7 or principal office or place of business. Service of any subpoena
2-8 or summons issued by the secretary of state may be made on any
2-9 person other than a natural person by delivering or by mailing a
2-10 duly executed copy of the subpoena or summons to a person to whom
2-11 delivery would be appropriate under state law in a civil suit. A
2-12 verified return by the individual serving the subpoena or summons
2-13 setting forth the manner of service shall be proof of such service;
2-14 and in the case of service by registered or certified mail, the
2-15 return shall be accompanied by the return post office receipt of
2-16 delivery of the subpoena or summons.
2-17 (c) On the failure to obey a subpoena or the refusal to
2-18 appear or to answer of a witness whose testimony is sought, the
2-19 secretary of state shall refer the matter to the attorney general
2-20 for enforcement. The attorney general may apply to a district
2-21 court of Travis County for an order requiring compliance. If the
2-22 district court determines that good cause exists for the issuance
2-23 of the subpoena, the court shall order compliance. The district
2-24 court may modify the requirements of a subpoena that the court
2-25 determines are unreasonable. Failure to obey the order of the
3-1 district court is punishable as contempt.
3-2 (d) The secretary of state may propound to any athlete,
3-3 compliance coordinator, or any person subject to the provisions of
3-4 this Act, and to any officer, director, partner, or associate
3-5 thereof, such interrogatories as may be reasonable necessary and
3-6 proper to enable the secretary of state to ascertain whether any
3-7 person regulated by this Act is in compliance with all the
3-8 provisions of this Act. The interrogatories shall be answered
3-9 within thirty (30) days after the mailing thereof, or within such
3-10 additional time as shall be fixed by the secretary of state, and
3-11 the answers thereto shall be full and complete and shall be made in
3-12 writing and under oath. If the interrogatories are directed to an
3-13 individual, they shall be answered by the individual, and if
3-14 directed to a corporation, association, partnership, or other legal
3-15 entity, they shall be answered by an officer, associate, partner or
3-16 authorized representative of the legal entity.
3-17 (e) If such interrogatories and the answers thereto disclose
3-18 a violation of the provisions of this Act, the secretary of state
3-19 shall take action under Subsection (b) of Section 3 of this Act.
3-20 (f) Such interrogatories and answers thereto shall be
3-21 treated as confidential and shall not be open to public inspection
3-22 except by court order.
3-23 (g) The secretary of state may, at the secretary's
3-24 discretion, disclose any confidential information in the
3-25 secretary's possession to any governmental authority or any
4-1 quasi-governmental authority.
4-2 SECTION 2. This Act take effect September 1, 1995.
4-3 SECTION 3. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.