1-1 By: Armbrister S.B. No. 1178
1-2 (In the Senate - Filed March 9, 1995; March 15, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 4, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 11, Nays 0; April 4, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend S.B. No. 1178, SECTION 1, Section 10A(d), page 2, line 15
1-8 (committee printing page 2, line 24), by adding after the words
1-9 "compliance coordinator" and before the "," the following:
1-10 designated under Subsection (e), Section 7, of this Act
1-11 COMMITTEE AMENDMENT NO. 2 By: Armbrister
1-12 Amend S.B. No. 1178, SECTION 1, by striking Subsection (f), Section
1-13 10A (page 2, lines 27-28, introduced version; committee printing
1-14 page 2, lines 41-43), and substituting the following in lieu
1-15 thereof:
1-16 (f) The interrogatories and answers shall be treated as
1-17 confidential and shall not be open to public inspection except by
1-18 court order and are exempt from disclosure under the open records
1-19 law, Chapter 552, Government Code.
1-20 COMMITTEE AMENDMENT NO. 3 By: Armbrister
1-21 Amend S.B. No. 1178, SECTION 1, Section 10A, Subsection (a) (page
1-22 1, line 15, introduced version; committee printing page 1, line
1-23 56), by adding after "court order" and before the period the
1-24 following:
1-25 and are exempt from disclosure under the open records law,
1-26 Chapter 552, Government Code
1-27 COMMITTEE AMENDMENT NO. 4 By: Armbrister
1-28 Amend S.B. No. 1178, SECTION 1, Subsection (d) (page 2, line 19,
1-29 introduced version; committee printing page 2, line 29), after
1-30 "Act." and before "The" by inserting the following:
1-31 Notwithstanding the foregoing, the secretary of state shall
1-32 not propound interrogatories for athletes not represented by
1-33 counsel.
1-34 A BILL TO BE ENTITLED
1-35 AN ACT
1-36 relating to the regulation of athlete agents and providing for the
1-37 issuance of subpoenas and other process in investigations by the
1-38 secretary of state.
1-39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-40 SECTION 1. Chapter 13, Acts of the 70th Legislature, 2nd
1-41 Called Session, 1987 (Article 8871, Vernon's Texas Civil Statutes),
1-42 is amended by adding Section 10A to read as follows:
1-43 Sec. 10A. SUBPOENAS OR OTHER PROCESS IN INVESTIGATIONS BY
1-44 SECRETARY OF STATE. (a) The secretary of state may require and
1-45 compel, by subpoena or summons issued by the secretary of state,
1-46 the attendance and testimony of witnesses and the production of any
1-47 books, accounts, records, magnetic or electronic recordings,
1-48 papers, contracts, correspondence, or other records the secretary
1-49 deems relevant or material to a matter which the secretary of state
1-50 has authority under this Act to investigate. For this purpose, the
1-51 secretary of state or any officer designated by and acting on
1-52 behalf of the secretary of state may administer oaths and
1-53 affirmations, examine witnesses, and receive evidence. Any
1-54 information or evidence received shall be treated as confidential
1-55 by the secretary of state and shall not be open to public
1-56 inspection except by court order.
1-57 (b) Service of any subpoena or summons issued by the
1-58 secretary of state may be made, at the secretary's discretion, by
1-59 the secretary, the secretary's authorized agent, a sheriff, or a
1-60 constable. Service may be made on any natural person by delivering
1-61 a duly executed copy of the subpoena or summons to the person to be
1-62 served or by mailing such copy by registered or certified mail,
1-63 return receipt requested, to such person at the person's residence
1-64 or principal office or place of business. Service of any subpoena
1-65 or summons issued by the secretary of state may be made on any
1-66 person other than a natural person by delivering or by mailing a
1-67 duly executed copy of the subpoena or summons to a person to whom
1-68 delivery would be appropriate under state law in a civil suit. A
2-1 verified return by the individual serving the subpoena or summons
2-2 setting forth the manner of service shall be proof of such service,
2-3 and, in the case of service by registered or certified mail, the
2-4 return shall be accompanied by the return post office receipt of
2-5 delivery of the subpoena or summons.
2-6 (c) On the failure to obey a subpoena or the refusal of a
2-7 witness whose testimony is sought to appear or to answer, the
2-8 secretary of state shall refer the matter to the attorney general
2-9 for enforcement. The attorney general may apply to a district
2-10 court of Travis County for an order requiring compliance. If the
2-11 district court determines that good cause exists for the issuance
2-12 of the subpoena, the court shall order compliance. The district
2-13 court may modify the requirements of a subpoena that the court
2-14 determines are unreasonable. Failure to obey the order of the
2-15 district court is punishable as contempt.
2-16 (d) The secretary of state may propound to any athlete,
2-17 compliance coordinator, or any person subject to the provisions of
2-18 this Act and to any officer, director, partner, or associate
2-19 thereof such interrogatories as may be reasonable, necessary, and
2-20 proper to enable the secretary of state to ascertain whether a
2-21 person regulated by this Act is in compliance with all the
2-22 provisions of this Act. The interrogatories shall be answered
2-23 within 30 days after mailing or within such additional time as
2-24 shall be fixed by the secretary of state, and the answers shall be
2-25 full and complete and shall be made in writing and under oath. If
2-26 the interrogatories are directed to an individual, they shall be
2-27 answered by the individual, and if directed to a corporation,
2-28 association, partnership, or other legal entity, they shall be
2-29 answered by an officer, associate, partner, or authorized
2-30 representative of the legal entity.
2-31 (e) If the interrogatories and answers disclose a violation
2-32 of the provisions of this Act, the secretary of state shall take
2-33 action under Subsection (b) of Section 3 of this Act.
2-34 (f) The interrogatories and answers shall be treated as
2-35 confidential and shall not be open to public inspection except by
2-36 court order.
2-37 (g) The secretary of state may, at the secretary's
2-38 discretion, disclose any confidential information in the
2-39 secretary's possession to any governmental authority or any
2-40 quasi-governmental authority.
2-41 SECTION 2. This Act takes effect September 1, 1995.
2-42 SECTION 3. The importance of this legislation and the
2-43 crowded condition of the calendars in both houses create an
2-44 emergency and an imperative public necessity that the
2-45 constitutional rule requiring bills to be read on three several
2-46 days in each house be suspended, and this rule is hereby suspended.
2-47 * * * * *