SRC-MKV H.B. 2407 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2407
By: Gray (Moncrief)
Health & Human Services
5/11/2001
Engrossed


DIGEST AND PURPOSE 

The 76th Legislature gave certain licensing boards within the Texas
Department of Health (TDH) subpoena power to aid in the investigation of
complaints against licensees. A provision was included that guaranteed the
confidentiality of materials compiled by the board in relation to the
complaint with certain stipulated exceptions. Prior to that legislation,
TDH would release a complaint history on any of its licensees. Because the
legislation did not include this history within the information subject to
open records, the attorney general ruled against the continued release of
the complaint histories. H.B. 2407 repeals provisions guaranteeing the
confidentiality of complaint-related information.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Provides that the following provisions are repealed:

  (1)  Sections 50.0225(h) and (i), Human Resources Code;

(2)  Sections 11B(h) and (i), Licensed Marriage and Family Therapist Act
(Article 4512c-1, Vernon's Texas Civil Statutes); 

(3)  Sections 5B(h) and (i), Chapter 498, Acts of the 62nd Legislature,
Regular Session, 1971 (Article 4512d, Vernon's Texas Civil Statutes); 

(4)  Sections 16D(h) and (i), Licensed Professional Counselor Act (Article
4512g, Vernon's Texas Civil Statutes); 

(5)  Sections 16C(h) and (i), Licensed Dietitian Act (Article 4512h,
Vernon's Texas Civil Statutes); 

(6)  Sections 24A(h) and (i), Chapter 381, Acts of the 68th Legislature,
Regular Session, 1983 (Article 4512j, Vernon's Texas Civil Statutes); 

(7)  Sections 11B(h) and (i), Texas Medical Physics Practice Act (Article
4512n, Vernon's Texas Civil Statutes); 

(8)  Sections 19A(h) and (i), Licensed Perfusionists Act (Article 4529e,
Revised Statutes); 

(9)  Sections 1.12C(h) and (i), Chapter 366, Acts of the 61st Legislature,
Regular Session, 1969 (Article 4566-1.12C, Vernon's Texas Civil Statutes);
and 

 (10)  Sections 6A(h) and (i), Orthotics and Prosthetics Act (Article 8920,
Revised Statutes). 

SECTION 2. Provides that the following sections of the Occupations Code, as
added by the Act of the 77th Legislature, Regular Session, 2001, relating
to nonsubstantive additions to and corrections in enacted codes, are
repealed: 

  (1)  Sections 401.2535(h) and (i);

  (2)  Sections 402.154(h) and (i);

  (3)  Sections 451.110(h) and (i);

  (4)  Sections 502.2045(h) and (i);

  (5)  Sections 503.2545(h) and (i);

  (6)  Sections 505.2545(h) and (i);

  (7)  Sections 602.1525(h) and (i);

  (8)  Sections 603.2041(h) and (i);

  (9)  Sections 605.2021(h) and (i); and

  (10)  Sections 701.2041(h) and (i).

SECTION 3. Provides that the following provisions are repealed:

(1)  Sections 8C(h) and (i), Chapter 462, Acts of the 68th Legislature,
Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil Statutes);
and 

  (2)  Sections 241.051(d) and (e) and 577.013(d) and (e), Health and
Safety Code. 

SECTION 4.  Amends Section 241.051, Health and Safety Code, by adding
Subsection (f) to provide that information obtained or compiled by the
department in connection with a complaint or investigation that is
confidential by law remains confidential and is not subject to disclosure
under Chapter 552, Government Code. 
 
SECTION 5.  Amends Section 577.013, Health and Safety Code, by adding
Subsection (f) to provide that information obtained or compiled by the
department in connection with a complaint or investigation that is
confidential by law remains confidential and is not subject to disclosure
under Chapter 552, Government Code. 
 
SECTION 6. (a)  Provides that SECTION 1 of this Act takes effect only if
the Act of the 77th Legislature, Regular Session, 2001, relating to
nonsubstantive additions to and corrections in enacted codes, does not take
effect. 

(b)  Provides that SECTION 2 of this Act takes effect only if the Act of
the 77th Legislature, Regular Session, 2001, relating to nonsubstantive
additions to and corrections in enacted codes, takes effect. 
 
SECTION 7. Effective date: September 1, 2001.