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.