By Haggerty H.B. No. 2578
77R6924 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the subpoena and investigative authority of the Texas
1-3 Lottery Commission for the regulation of bingo.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 2001, Occupations Code, is amended by
1-6 adding Subchapter O to read as follows:
1-7 SUBCHAPTER O. SUBPOENAS AND RELATED PROCEDURES
1-8 Sec. 2001.701. SUBPOENA. (a) In an investigation of any
1-9 matter under this chapter, the commission may issue a subpoena to
1-10 compel the attendance and testimony of a relevant witness or the
1-11 production of relevant evidence located in this state for
1-12 inspection or copying by the commission.
1-13 (b) A subpoena may be served personally or by certified
1-14 mail.
1-15 (c) A subpoena may require a person to appear as a witness
1-16 or to produce evidence at the commission's offices in Austin or at
1-17 another place designated by the commission.
1-18 (d) The commission may issue a subpoena that requires an
1-19 immediate production of evidence only if:
1-20 (1) the subpoena states that the records are necessary
1-21 and must be produced immediately due to exigent and extraordinary
1-22 circumstances; and
1-23 (2) the subpoena is signed and issued by a member of
1-24 the commission and an agent of the commission.
2-1 (e) The commission shall adopt rules to avoid imposing an
2-2 undue burden or expense on persons to whom subpoenas are issued.
2-3 (f) The commission by rule may delegate the authority
2-4 granted under Subsection (a) to an agent of the commission.
2-5 (g) The fee charged by a sheriff or constable for serving a
2-6 commission subpoena may not exceed the fee for serving similar
2-7 subpoenas.
2-8 Sec. 2001.702. FAILURE TO COMPLY WITH SUBPOENA. (a) If a
2-9 person fails to comply with a subpoena issued by the commission,
2-10 the commission, acting through the attorney general, may file suit
2-11 against the person to enforce the subpoena in a district court in
2-12 Travis County.
2-13 (b) On finding that good cause exists for issuing the
2-14 subpoena, the court shall order the person to comply with the
2-15 subpoena and pay reasonable attorney's fees. The court may punish
2-16 a person who fails to obey the court order for contempt of court.
2-17 Sec. 2001.703. REIMBURSEMENT FOR SUBPOENA COMPLIANCE. A
2-18 person required by a subpoena to attend a proceeding before the
2-19 commission or its agent is entitled to:
2-20 (1) reimbursement for mileage in the same amount for
2-21 each mile as the mileage travel allowance for a state employee for
2-22 the person's travel to or from the place where the person's
2-23 attendance is required, if the place is more than 25 miles from the
2-24 person's place of residence; and
2-25 (2) a fee for each day or part of a day the person is
2-26 required to be present as a witness that is equal to the greater
2-27 of:
3-1 (A) $10; or
3-2 (B) the general per diem travel allowance for a
3-3 state employee traveling in this state.
3-4 Sec. 2001.704. OUT-OF-STATE EVIDENCE. (a) A person in
3-5 possession or control of evidence located outside this state on
3-6 request of the commission may make the evidence available for
3-7 examination at the place where the evidence is located. The
3-8 commission may designate a representative, including an official of
3-9 the state in which the evidence is located, to examine the evidence
3-10 for the commission.
3-11 (b) The commission on request of an official of another
3-12 state or of the United States may examine evidence located in this
3-13 state for that official in circumstances similar to those described
3-14 by Subsection (a).
3-15 Sec. 2001.705. ACCESS TO EVIDENCE. (a) Evidence acquired
3-16 under a commission subpoena is not a public record for the period
3-17 the commission or its agent determines is reasonably necessary to:
3-18 (1) complete an investigation;
3-19 (2) protect the person being investigated from
3-20 unwarranted injury; or
3-21 (3) serve the public interest.
3-22 (b) The evidence is not subject to a subpoena, other than a
3-23 grand jury subpoena, until:
3-24 (1) the evidence is released by the commission for
3-25 public inspection; or
3-26 (2) after notice and a hearing, a district court
3-27 determines that complying with the subpoena would not jeopardize
4-1 the public interest and any investigation by the commission.
4-2 (c) Except for good cause, a district court order under
4-3 Subsection (b)(2) does not apply to:
4-4 (1) any communication received by the commission from
4-5 a law enforcement agency or another regulatory agency; or
4-6 (2) any internal commission communication made in
4-7 connection with a matter that the commission has the authority to
4-8 consider.
4-9 Sec. 2001.706. PRIVILEGED AND CONFIDENTIAL INFORMATION. (a)
4-10 Any information or evidence produced under a commission subpoena
4-11 that is otherwise privileged or confidential by law remains
4-12 privileged or confidential until admitted into evidence in an
4-13 administrative hearing or a court.
4-14 (b) The commission may issue a protective order relating to
4-15 the confidentiality or privilege of information or evidence
4-16 described by Subsection (a) to restrict the use or distribution of
4-17 the information or evidence:
4-18 (1) by any person; or
4-19 (2) in a proceeding other than a proceeding before the
4-20 commission.
4-21 Sec. 2001.707. COOPERATION WITH LAW ENFORCEMENT. On request,
4-22 the commission may furnish evidence obtained under a commission
4-23 subpoena to:
4-24 (1) a law enforcement agency of this state, another
4-25 state, or the United States; or
4-26 (2) a prosecuting attorney of a municipality, county,
4-27 or judicial district of this state, another state, or the United
5-1 States.
5-2 Sec. 2001.708. SUBPOENAS ISSUED TO FINANCIAL INSTITUTIONS. A
5-3 subpoena issued to a financial institution as part of a criminal
5-4 investigation is not subject to Section 30.007, Civil Practice and
5-5 Remedies Code.
5-6 Sec. 2001.709. EFFECT ON CONTESTED CASE. Sections 2001.701,
5-7 2001.704, 2001.705, 2001.707, and 2001.708 do not affect the
5-8 conduct of a contested case under Chapter 2001, Government Code.
5-9 SECTION 2. This Act takes effect October 1, 2001.