By Yarbrough                                          H.B. No. 2188
         77R6725 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expungement of certain complaints against a license
 1-3     holder from the records of a state agency.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Title 2, Occupations Code, is amended by adding
 1-6     Chapter 57 to read as follows:
 1-7         CHAPTER 57.  EXPUNGEMENT OF CERTAIN COMPLAINTS FROM AGENCY
 1-8                                   RECORDS
 1-9           Sec. 57.001.  DEFINITIONS. In this chapter:
1-10                 (1)  "License holder" means a person who holds a
1-11     license, as that term is defined by Section 55.001.
1-12                 (2)  "State agency" has the meaning assigned by Section
1-13     55.001.
1-14           Sec. 57.002.  EXPUNGEMENT OF COMPLAINT REQUIRED. If, after an
1-15     investigation of a complaint against a license holder, a state
1-16     agency determines that the license holder did not violate the law
1-17     administered by the agency or a rule adopted by the agency, the
1-18     agency shall expunge the complaint from the records of the agency.
1-19           SECTION 2. The change in law made by this Act applies to a
1-20     complaint without regard to whether the complaint was filed before,
1-21     on, or after the effective date of this Act.
1-22           SECTION 3.  This Act takes effect immediately if it receives
1-23     a vote of two-thirds of all the members elected to each house, as
1-24     provided by Section 39, Article III, Texas Constitution.  If this
 2-1     Act does not receive the vote necessary for immediate effect, this
 2-2     Act takes effect September 1, 2001.