By Pitts                                                H.B. No. 68
         77R784 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the procedure applicable to a complaint against a
 1-3     personnel service or career counselor.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 6A(b) and (c), Chapter 263, Acts of the
 1-6     66th Legislature, Regular Session, 1979 (Article 5221a-7, Vernon's
 1-7     Texas Civil Statutes), are amended to read as follows:
 1-8           (b)  A person [by sworn affidavit] may file a complaint
 1-9     alleging a violation of Section 3(a)(1) of this Act with the
1-10     commissioner.  The commissioner shall investigate the alleged
1-11     violation on receipt of the complaint.  On receipt of a complaint,
1-12     the commissioner may inspect any records relevant to the complaint
1-13     and may subpoena those records and any necessary witnesses.
1-14           (c)  If, as a result of an investigation, the commissioner
1-15     determines that a violation may have occurred, the commissioner
1-16     shall hold a hearing in the manner provided for a contested case
1-17     under Chapter 2001, Government Code [the Administrative Procedure
1-18     and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
1-19     Statutes).  The hearing must be held not later than the 45th day
1-20     after the date on which the complaint is filed with the
1-21     commissioner.  The commissioner shall render a decision on the
1-22     alleged violation not later than the eighth day after the date on
1-23     which the hearing ends].
1-24           SECTION 2. Sections 11(b) and (c), Chapter 222, Acts of the
 2-1     70th Legislature, Regular Session, 1987 (Article 5221a-8, Vernon's
 2-2     Texas Civil Statutes), are amended to read as follows:
 2-3           (b)  A person [by sworn affidavit] may file a complaint
 2-4     alleging a violation of this Act with the commissioner.  The
 2-5     commissioner shall investigate the alleged violation on receipt of
 2-6     the complaint.  On receipt of a complaint, the commissioner may
 2-7     inspect any records relevant to the complaint and may subpoena
 2-8     those records and any necessary witnesses.
 2-9           (c)  If, as a result of an investigation, the commissioner
2-10     determines that a violation may have occurred, the commissioner
2-11     shall hold a hearing in the manner provided for a contested case
2-12     under Chapter 2001, Government Code [the Administrative Procedure
2-13     and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
2-14     Statutes).  The hearing must be held not later than the 45th day
2-15     after the date on which the complaint is filed with the
2-16     commissioner.  The commissioner shall render a decision on the
2-17     alleged violation not later than the eighth day after the date on
2-18     which the hearing ends].
2-19           SECTION 3. This Act takes effect September 1, 2001, and
2-20     applies only to a complaint filed on or after that date.