By Reyna of Bexar H.B. No. 1593
77R5348 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the subpoena authority of the Texas State Board of
1-3 Examiners of Psychologists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 501, Occupations Code, is
1-6 amended by adding Section 501.207 to read as follows:
1-7 Sec. 501.207. SUBPOENAS. (a) In an investigation of a
1-8 complaint filed with the board, the executive director or presiding
1-9 officer of the board may issue a subpoena to compel the attendance
1-10 of a relevant witness or the production, for inspection or copying,
1-11 of relevant evidence that is in this state.
1-12 (b) A subpoena may be served personally or by certified
1-13 mail.
1-14 (c) If a person fails to comply with a subpoena, the board,
1-15 acting through the attorney general, may file suit to enforce the
1-16 subpoena in a district court in Travis County or in the county in
1-17 which a hearing conducted by the board may be held.
1-18 (d) On finding that good cause exists for issuing the
1-19 subpoena, the court shall order the person to comply with the
1-20 subpoena. The court may punish a person who fails to obey the
1-21 court order.
1-22 (e) The board shall pay for photocopies subpoenaed under
1-23 this section a reasonable fee in an amount not to exceed the amount
1-24 the board may charge for copies of its records.
2-1 (f) The reimbursement of the expenses of a witness whose
2-2 attendance is compelled under this section is governed by Section
2-3 2001.103, Government Code.
2-4 (g) All information and materials subpoenaed or compiled by
2-5 the board in connection with a complaint and investigation are
2-6 confidential and not subject to disclosure under Chapter 552,
2-7 Government Code, and not subject to disclosure, discovery,
2-8 subpoena, or other means of legal compulsion for their release to
2-9 anyone other than the board or its employees or agents involved in
2-10 discipline of the holder of a license, except that this information
2-11 may be disclosed to:
2-12 (1) persons involved with the board in a disciplinary
2-13 action against the holder of a license;
2-14 (2) licensing or disciplinary boards in other
2-15 jurisdictions;
2-16 (3) peer assistance programs approved by the board
2-17 under Chapter 467, Health and Safety Code; and
2-18 (4) law enforcement agencies.
2-19 SECTION 2. Section 501.207, Occupations Code, as added by
2-20 this Act, applies only to a complaint filed on or after the
2-21 effective date of this Act. A complaint filed before the effective
2-22 date of this Act is governed by the law in effect on the day before
2-23 the effective date of this Act, and that law is continued in effect
2-24 for that purpose.
2-25 SECTION 3. This Act takes effect immediately if it receives
2-26 a vote of two-thirds of all the members elected to each house, as
2-27 provided by Section 39, Article III, Texas Constitution. If this
3-1 Act does not receive the vote necessary for immediate effect, this
3-2 Act takes effect September 1, 2001.
3-3 COMMITTEE AMENDMENT NO. 1
3-4 Amend House Bill No. 1593 by deleting subsection (g) and
3-5 replacing with the following appropriately numbered section:
3-6 SECTION ____. Section 501.207, Occupations Code, is amended
3-7 by adding Subsection (g) to read as follows:
3-8 (g) All information and materials subpoenaed or compiled by
3-9 the Board in connection with a complaint's investigation under this
3-10 subsection may only be disclosed by the Board pursuant to Section
3-11 501.205 of this Chapter.
3-12 Uresti