By Lucio S.B. No. 1094
76R1999 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the subpoena authority of certain licensing agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 50, Human Resources Code, is amended by
1-5 adding Section 50.0225 to read as follows:
1-6 Sec. 50.0225. SUBPOENAS. (a) In an investigation of a
1-7 complaint filed with the department and referred to the board, the
1-8 board may issue a subpoena to compel the attendance of a relevant
1-9 witness or the production, for inspection or copying, of relevant
1-10 evidence that is in this state.
1-11 (b) A subpoena may be served personally or by certified
1-12 mail.
1-13 (c) If a person fails to comply with a subpoena, the board,
1-14 acting through the attorney general, may file suit to enforce the
1-15 subpoena in a district court in Travis County or in the county in
1-16 which a hearing conducted by the board may be held.
1-17 (d) On finding that good cause exists for issuing the
1-18 subpoena, the court shall order the person to comply with the
1-19 subpoena. The court may punish a person who fails to obey the
1-20 court order.
1-21 (e) The board may delegate the authority granted under
1-22 Subsection (a) to the executive director or the secretary-treasurer
1-23 of the board.
1-24 (f) The board shall pay a reasonable fee for photocopies
2-1 subpoenaed under this section in an amount not to exceed the amount
2-2 the board may charge for copies of its records.
2-3 (g) The reimbursement of the expenses of a witness whose
2-4 attendance is compelled under this section is governed by Section
2-5 2001.103, Government Code.
2-6 SECTION 2. Chapter 462, Acts of the 68th Legislature,
2-7 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
2-8 Statutes), is amended by adding Section 8C to read as follows:
2-9 Sec. 8C. SUBPOENAS. (a) In an investigation of a complaint
2-10 filed with the council, the council may issue a subpoena to compel
2-11 the attendance of a relevant witness or the production, for
2-12 inspection or copying, of relevant evidence that is in this state.
2-13 (b) A subpoena may be served personally or by certified
2-14 mail.
2-15 (c) If a person fails to comply with a subpoena, the
2-16 council, acting through the attorney general, may file suit to
2-17 enforce the subpoena in a district court in Travis County or in the
2-18 county in which a hearing conducted by the council may be held.
2-19 (d) On finding that good cause exists for issuing the
2-20 subpoena, the court shall order the person to comply with the
2-21 subpoena. The court may punish a person who fails to obey the
2-22 court order.
2-23 (e) The council may delegate the authority granted under
2-24 Subsection (a) to the executive director of the council.
2-25 (f) The council shall pay a reasonable fee for photocopies
2-26 subpoenaed under this section in an amount not to exceed the amount
2-27 the council may charge for copies of its records.
3-1 (g) The reimbursement of the expenses of a witness whose
3-2 attendance is compelled under this section is governed by Section
3-3 2001.103, Government Code.
3-4 SECTION 3. The Licensed Marriage and Family Therapist Act
3-5 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
3-6 amending Sections 11B and 11C and adding Section 11D to read as
3-7 follows:
3-8 Sec. 11B. SUBPOENAS. (a) In an investigation of a
3-9 complaint filed with the board, the board may issue a subpoena to
3-10 compel the attendance of a relevant witness or the production, for
3-11 inspection or copying, of relevant evidence that is in this state.
3-12 (b) A subpoena may be served personally or by certified
3-13 mail.
3-14 (c) If a person fails to comply with a subpoena, the board,
3-15 acting through the attorney general, may file suit to enforce the
3-16 subpoena in a district court in Travis County or in the county in
3-17 which a hearing conducted by the board may be held.
3-18 (d) On finding that good cause exists for issuing the
3-19 subpoena, the court shall order the person to comply with the
3-20 subpoena. The court may punish a person who fails to obey the
3-21 court order.
3-22 (e) The board may delegate the authority granted under
3-23 Subsection (a) to the executive director of the board.
3-24 (f) The board shall pay a reasonable fee for photocopies
3-25 subpoenaed under this section in an amount not to exceed the amount
3-26 the board may charge for copies of its records.
3-27 (g) The reimbursement of the expenses of a witness whose
4-1 attendance is compelled under this section is governed by Section
4-2 2001.103, Government Code.
4-3 Sec. 11C. INFORMAL PROCEEDINGS. (a) The board by rule
4-4 shall adopt procedures governing:
4-5 (1) informal disposition of a contested case under
4-6 Section 2001.056, Government Code [13(e), Administrative Procedure
4-7 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
4-8 Statutes), and its subsequent amendments]; and
4-9 (2) informal proceedings held in compliance with
4-10 Section 2001.054, Government Code [18(c), Administrative Procedure
4-11 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
4-12 Statutes), and its subsequent amendments].
4-13 (b) Rules adopted under this section must provide the
4-14 complainant and the license holder an opportunity to be heard and
4-15 must require the presence of an attorney to advise the board or
4-16 board's employees. The attorney must be a member of the board's
4-17 legal staff if the board has a legal staff. If the board does not
4-18 have a legal staff, the attorney must be an employee of the office
4-19 of the attorney general.
4-20 Sec. 11D. [Sec. 11C.] MONITORING OF LICENSE HOLDER. The
4-21 board by rule shall develop a system for monitoring license
4-22 holders' compliance with the requirements of this Act. Rules
4-23 adopted under this section shall include procedures for monitoring
4-24 a license holder who is ordered by the board to perform certain
4-25 acts to ascertain that the license holder performs the required
4-26 acts and to identify and monitor license holders who represent a
4-27 risk to the public.
5-1 SECTION 4. Chapter 498, Acts of the 62nd Legislature,
5-2 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
5-3 Statutes), is amended by adding Sections 5A and 5B to read as
5-4 follows:
5-5 Sec. 5A. COMPLAINTS. (a) The board shall maintain a file
5-6 on each written complaint filed with the board. The file must
5-7 include:
5-8 (1) the name of the person who filed the complaint;
5-9 (2) the date the complaint is received by the board;
5-10 (3) the subject matter of the complaint;
5-11 (4) the name of each person contacted in relation to
5-12 the complaint;
5-13 (5) a summary of the results of the review or
5-14 investigation of the complaint; and
5-15 (6) an explanation of the reason the file was closed,
5-16 if the board closed the file without taking action other than to
5-17 investigate the complaint.
5-18 (b) The board shall provide to the person filing the
5-19 complaint a copy of the board's policies and procedures relating to
5-20 complaint investigation and resolution.
5-21 (c) The board, at least quarterly until final disposition of
5-22 the complaint, shall notify the person filing the complaint and
5-23 each person who is a subject of the complaint of the status of the
5-24 complaint unless the notice would jeopardize an undercover
5-25 investigation.
5-26 Sec. 5B. SUBPOENAS. (a) In an investigation of a complaint
5-27 filed with the board, the board may issue a subpoena to compel the
6-1 attendance of a relevant witness or the production, for inspection
6-2 or copying, of relevant evidence that is in this state.
6-3 (b) A subpoena may be served personally or by certified
6-4 mail.
6-5 (c) If a person fails to comply with the subpoena, the
6-6 board, acting through the attorney general, may file suit to
6-7 enforce the subpoena in a district court in Travis County or in the
6-8 county in which a hearing conducted by the board may be held.
6-9 (d) On finding that good cause exists for issuing the
6-10 subpoena, the court shall order the person to comply with the
6-11 subpoena. The court may punish a person who fails to obey the
6-12 court order.
6-13 (e) The board may delegate the authority granted under
6-14 Subsection (a) to the secretary-treasurer or executive secretary of
6-15 the board.
6-16 (f) The board shall pay a reasonable fee for photocopies
6-17 subpoenaed under this section in an amount not to exceed the amount
6-18 the board may charge for copies of its records.
6-19 (g) The reimbursement of the expenses of a witness whose
6-20 attendance is compelled under this section is governed by Section
6-21 2001.103, Government Code.
6-22 SECTION 5. The Licensed Professional Counselor Act (Article
6-23 4512g, Vernon's Texas Civil Statutes) is amended by amending
6-24 Sections 16D and 16E and by adding Section 16F to read as follows:
6-25 Sec. 16D. SUBPOENAS. (a) In an investigation of a
6-26 complaint filed with the board, the board may issue a subpoena to
6-27 compel the attendance of a relevant witness or the production, for
7-1 inspection or copying, of relevant evidence that is in this state.
7-2 (b) A subpoena may be served personally or by certified
7-3 mail.
7-4 (c) If a person fails to comply with a subpoena, the board,
7-5 acting through the attorney general, may file suit to enforce the
7-6 subpoena in a district court in Travis County or in the county in
7-7 which a hearing conducted by the board may be held.
7-8 (d) On finding that good cause exists for issuing the
7-9 subpoena, the court shall order the person to comply with the
7-10 subpoena. The court may punish a person who fails to obey the
7-11 court order.
7-12 (e) The board may delegate the authority granted under
7-13 Subsection (a) to the executive secretary of the board.
7-14 (f) The board shall pay a reasonable fee for photocopies
7-15 subpoenaed under this section in an amount not to exceed the amount
7-16 the board may charge for copies of its records.
7-17 (g) The reimbursement of the expenses of a witness whose
7-18 attendance is compelled under this section is governed by Section
7-19 2001.103, Government Code.
7-20 Sec. 16E. INFORMAL PROCEEDINGS. (a) The board by rule
7-21 shall adopt procedures governing:
7-22 (1) informal disposition of a contested case under
7-23 Section 2001.056, Government Code [13(e), Administrative Procedure
7-24 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
7-25 Statutes), and its subsequent amendments]; and
7-26 (2) informal proceedings held in compliance with
7-27 Section 2001.054, Government Code [18(c), Administrative Procedure
8-1 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
8-2 Statutes), and its subsequent amendments].
8-3 (b) Rules adopted under this section must provide the
8-4 complainant and the licensee an opportunity to be heard and must
8-5 require the presence of a representative of the department's legal
8-6 staff or the attorney general's office to advise the board or
8-7 board's employees.
8-8 Sec. 16F. [16E.] MONITORING OF LICENSEES. The board by rule
8-9 shall develop a system for monitoring licensees' compliance with
8-10 the requirements of this Act. Rules adopted under this section
8-11 shall include procedures for monitoring a licensee who is ordered
8-12 by the board to perform certain acts to ascertain that the licensee
8-13 performs the required acts and to identify and monitor licensees
8-14 who represent a risk to the public.
8-15 SECTION 6. The Licensed Dietitian Act (Article 4512h,
8-16 Vernon's Texas Civil Statutes) is amended by amending Sections 16C
8-17 and 16D and by adding Section 16E to read as follows:
8-18 Sec. 16C. SUBPOENAS. (a) In an investigation of a
8-19 complaint filed with the board, the board may issue a subpoena to
8-20 compel the attendance of a relevant witness or the production, for
8-21 inspection or copying, of relevant evidence that is in this state.
8-22 (b) A subpoena may be served personally or by certified
8-23 mail.
8-24 (c) If a person fails to comply with a subpoena, the board,
8-25 acting through the attorney general, may file suit to enforce the
8-26 subpoena in a district court in Travis County or in the county in
8-27 which a hearing conducted by the board may be held.
9-1 (d) On finding that good cause exists for issuing the
9-2 subpoena, the court shall order the person to comply with the
9-3 subpoena. The court may punish a person who fails to obey the
9-4 court order.
9-5 (e) The board may delegate the authority granted under
9-6 Subsection (a) to the executive secretary of the board.
9-7 (f) The board shall pay a reasonable fee for photocopies
9-8 subpoenaed under this section in an amount not to exceed the amount
9-9 the board may charge for copies of its records.
9-10 (g) The reimbursement of the expenses of a witness whose
9-11 attendance is compelled under this section is governed by Section
9-12 2001.103, Government Code.
9-13 Sec. 16D. INFORMAL PROCEEDINGS. (a) The board by rule
9-14 shall adopt procedures governing:
9-15 (1) informal disposition of a contested case under
9-16 Section 2001.056, Government Code [13(e), Administrative Procedure
9-17 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
9-18 Statutes), and its subsequent amendments]; and
9-19 (2) informal proceedings held in compliance with
9-20 Section 2001.054, Government Code [18(c), Administrative Procedure
9-21 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
9-22 Statutes), and its subsequent amendments].
9-23 (b) Rules adopted under this section must provide the
9-24 complainant and the licensee an opportunity to be heard and must
9-25 require the presence of a representative of the office of the
9-26 attorney general or the board's legal counsel to advise the board
9-27 or board's employees.
10-1 Sec. 16E. [16D.] MONITORING OF LICENSEE. The board by rule
10-2 shall develop a system for monitoring a licensee's compliance with
10-3 the requirements of this Act. Rules adopted under this section
10-4 shall include procedures for monitoring a licensee who is ordered
10-5 by the board to perform certain acts to ascertain that the licensee
10-6 performs the required acts and to identify and monitor licensees
10-7 who represent a risk to the public.
10-8 SECTION 7. Section 5(b), Chapter 381, Acts of the 68th
10-9 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
10-10 Civil Statutes), is amended to read as follows:
10-11 (b) With the assistance of the department, the board shall
10-12 administer, coordinate, and enforce the provisions of this Act;
10-13 evaluate the qualifications of applicants; provide for the
10-14 examination of applicants; and, in connection with a hearing under
10-15 Section 19 of this Act, issue subpoenas, examine witnesses, and
10-16 administer oaths under the laws of the State of Texas.
10-17 SECTION 8. Chapter 381, Acts of the 68th Legislature,
10-18 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
10-19 Statutes), is amended by adding Section 24A to read as follows:
10-20 Sec. 24A. SUBPOENAS. (a) In an investigation of a
10-21 complaint filed with the board, the board may issue a subpoena to
10-22 compel the attendance of a relevant witness or the production, for
10-23 inspection or copying, of relevant evidence that is in this state.
10-24 (b) A subpoena may be served personally or by certified
10-25 mail.
10-26 (c) If a person fails to comply with a subpoena, the board,
10-27 acting through the attorney general, may file suit to enforce the
11-1 subpoena in a district court in Travis County or in the county in
11-2 which a hearing conducted by the board may be held.
11-3 (d) On finding that good cause exists for issuing the
11-4 subpoena, the court shall order the person to comply with the
11-5 subpoena. The court may punish a person who fails to obey the
11-6 court order.
11-7 (e) The board may delegate the authority granted under
11-8 Subsection (a) to the secretary-treasurer of the board.
11-9 (f) The board shall pay a reasonable fee for photocopies
11-10 subpoenaed under this section in an amount not to exceed the amount
11-11 the board may charge for copies of its records.
11-12 (g) The reimbursement of the expenses of a witness whose
11-13 attendance is compelled under this section is governed by Section
11-14 2001.103, Government Code.
11-15 SECTION 9. The Texas Medical Physics Practice Act (Article
11-16 4512n, Vernon's Texas Civil Statutes) is amended by adding Sections
11-17 11A and 11B to read as follows:
11-18 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
11-19 on each written complaint filed with the board. The file must
11-20 include:
11-21 (1) the name of the person who filed the complaint;
11-22 (2) the date the complaint is received by the board;
11-23 (3) the subject matter of the complaint;
11-24 (4) the name of each person contacted in relation to
11-25 the complaint;
11-26 (5) a summary of the results of the review or
11-27 investigation of the complaint; and
12-1 (6) an explanation of the reason the file was closed,
12-2 if the board closed the file without taking action other than to
12-3 investigate the complaint.
12-4 (b) The board shall provide to the person filing the
12-5 complaint a copy of the board's policies and procedures relating to
12-6 complaint investigation and resolution.
12-7 (c) The board, at least quarterly until final disposition of
12-8 the complaint, shall notify the person filing the complaint and
12-9 each person who is a subject of the complaint of the status of the
12-10 complaint unless the notice would jeopardize an undercover
12-11 investigation.
12-12 Sec. 11B. SUBPOENAS. (a) In an investigation of a
12-13 complaint filed with the board, the board may issue a subpoena to
12-14 compel the attendance of a relevant witness or the production, for
12-15 inspection or copying, of relevant evidence that is in this state.
12-16 (b) A subpoena may be served personally or by certified
12-17 mail.
12-18 (c) If a person fails to comply with a subpoena, the board,
12-19 acting through the attorney general, may file suit to enforce the
12-20 subpoena in a district court in Travis County or in the county in
12-21 which a hearing conducted by the board may be held.
12-22 (d) On finding that good cause exists for issuing the
12-23 subpoena, the court shall order the person to comply with the
12-24 subpoena. The court may punish a person who fails to obey the
12-25 court order.
12-26 (e) The board may delegate the authority granted under
12-27 Subsection (a) to the executive secretary of the board.
13-1 (f) The board shall pay a reasonable fee for photocopies
13-2 subpoenaed under this section in an amount not to exceed the amount
13-3 the board may charge for copies of its records.
13-4 (g) The reimbursement of the expenses of a witness whose
13-5 attendance is compelled under this section is governed by Section
13-6 2001.103, Government Code.
13-7 SECTION 10. The Licensed Perfusionists Act (Article 4529e,
13-8 Revised Statutes) is amended by adding Section 19A to read as
13-9 follows:
13-10 Sec. 19A. SUBPOENAS. (a) In an investigation of a
13-11 complaint filed with the board, the board may issue a subpoena to
13-12 compel the attendance of a relevant witness or the production, for
13-13 inspection or copying, of relevant evidence that is in this state.
13-14 (b) A subpoena may be served personally or by certified
13-15 mail.
13-16 (c) If a person fails to comply with a subpoena, the board,
13-17 acting through the attorney general, may file suit to enforce the
13-18 subpoena in a district court in Travis County or in the county in
13-19 which a hearing conducted by the board may be held.
13-20 (d) On finding that good cause exists for issuing the
13-21 subpoena, the court shall order the person to comply with the
13-22 subpoena. The court may punish a person who fails to obey the
13-23 court order.
13-24 (e) The board may delegate the authority granted under
13-25 Subsection (a) to the executive secretary of the board.
13-26 (f) The board shall pay a reasonable fee for photocopies
13-27 subpoenaed under this section in an amount not to exceed the amount
14-1 the board may charge for copies of its records.
14-2 (g) The reimbursement of the expenses of a witness whose
14-3 attendance is compelled under this section is governed by Section
14-4 2001.103, Government Code.
14-5 SECTION 11. Section 1.04(c), Chapter 366, Acts of the 61st
14-6 Legislature, Regular Session, 1969 (Article 4566-1.01 et seq.,
14-7 Vernon's Texas Civil Statutes), is amended to read as follows:
14-8 (c) With the assistance of the department, the committee
14-9 shall:
14-10 (1) administer, coordinate, and enforce the provisions
14-11 of this Act;
14-12 (2) evaluate the qualifications of applicants;
14-13 (3) examine applicants; and
14-14 (4) in connection with a hearing under Section 1.11 of
14-15 this Act, issue subpoenas, examine witnesses, and administer oaths
14-16 under the laws of this state.
14-17 SECTION 12. Chapter 366, Acts of the 61st Legislature,
14-18 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
14-19 Civil Statutes), is amended by adding Section 1.12C to read as
14-20 follows:
14-21 Sec. 1.12C. SUBPOENAS. (a) In an investigation of a
14-22 complaint filed with the committee, the committee may issue a
14-23 subpoena to compel the attendance of a relevant witness or the
14-24 production, for inspection or copying, of relevant evidence that is
14-25 in this state.
14-26 (b) A subpoena may be served personally or by certified
14-27 mail.
15-1 (c) If a person fails to comply with a subpoena, the
15-2 committee, acting through the attorney general, may file suit to
15-3 enforce the subpoena in a district court in Travis County or in the
15-4 county in which a hearing conducted by the committee may be held.
15-5 (d) On finding that good cause exists for issuing the
15-6 subpoena, the court shall order the person to comply with the
15-7 subpoena. The court may punish a person who fails to obey the
15-8 court order.
15-9 (e) The committee may delegate the authority granted under
15-10 Subsection (a) to the president or the vice-president of the
15-11 committee.
15-12 (f) The committee shall pay a reasonable fee for photocopies
15-13 subpoenaed under this section in an amount not to exceed the amount
15-14 the committee may charge for copies of its records.
15-15 (g) The reimbursement of the expenses of a witness whose
15-16 attendance is compelled under this section is governed by Section
15-17 2001.103, Government Code.
15-18 SECTION 13. Section 5(d), Orthotics and Prosthetics Act
15-19 (Article 8920, Revised Statutes), is amended to read as follows:
15-20 (d) The board may:
15-21 (1) investigate complaints;
15-22 (2) issue, suspend, deny, and revoke licenses;
15-23 (3) reprimand license holders and place license
15-24 holders on probation;
15-25 (4) in connection with a hearing under Section 33 of
15-26 this Act, issue subpoenas; and
15-27 (5) hold hearings.
16-1 SECTION 14. The Orthotics and Prosthetics Act (Article 8920,
16-2 Revised Statutes) is amended by adding Section 6A to read as
16-3 follows:
16-4 Sec. 6A. SUBPOENAS. (a) In an investigation of a complaint
16-5 filed with the board, the board may issue a subpoena to compel the
16-6 attendance of a relevant witness or the production, for inspection
16-7 or copying, of relevant evidence that is in this state.
16-8 (b) A subpoena may be served personally or by certified
16-9 mail.
16-10 (c) If a person fails to comply with a subpoena, the board,
16-11 acting through the attorney general, may file suit to enforce the
16-12 subpoena in a district court in Travis County or in the county in
16-13 which a hearing conducted by the board may be held.
16-14 (d) On finding that good cause exists for issuing the
16-15 subpoena, the court shall order the person to comply with the
16-16 subpoena. The court may punish a person who fails to obey the
16-17 court order.
16-18 (e) The board may delegate the authority granted under
16-19 Subsection (a) to the executive director of the board.
16-20 (f) The board shall pay a reasonable fee for photocopies
16-21 subpoenaed under this section in an amount not to exceed the amount
16-22 the board may charge for copies of its records.
16-23 (g) The reimbursement of the expenses of a witness whose
16-24 attendance is compelled under this section is governed by Section
16-25 2001.103, Government Code.
16-26 SECTION 15. The change in law made by this Act applies only
16-27 to a complaint filed on or after the effective date of the Act. A
17-1 complaint filed before the effective date of this Act is governed
17-2 by the law in effect on the date the complaint was filed, and the
17-3 former law is continued in effect for that purpose.
17-4 SECTION 16. The importance of this legislation and the
17-5 crowded condition of the calendars in both houses create an
17-6 emergency and an imperative public necessity that the
17-7 constitutional rule requiring bills to be read on three several
17-8 days in each house be suspended, and this rule is hereby suspended,
17-9 and that this Act take effect and be in force from and after its
17-10 passage, and it is so enacted.