By Davis of Harris H.B. No. 2948 77R6009 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the disclosure of certain information in connection 1-3 with a disciplinary proceeding by the Texas State Board of Social 1-4 Worker Examiners. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter E, Chapter 505, Occupations Code, is 1-7 amended by adding Section 505.2545 to conform to Section 1, Chapter 1-8 1444, Acts of the 76th Legislature, Regular Session, 1999, and by 1-9 amending that section to read as follows: 1-10 Sec. 505.2545. SUBPOENAS. (a) In an investigation of a 1-11 complaint filed with the department and referred to the board, the 1-12 board may request that the commissioner of public health or the 1-13 commissioner's designee approve the issuance of a subpoena. If the 1-14 request is approved, the board may issue a subpoena to compel the 1-15 attendance of a relevant witness or the production, for inspection 1-16 or copying, of relevant evidence that is in this state. 1-17 (b) A subpoena may be served personally or by certified 1-18 mail. 1-19 (c) If a person fails to comply with a subpoena, the board, 1-20 acting through the attorney general, may file suit to enforce the 1-21 subpoena in a district court in Travis County or in the county in 1-22 which a hearing conducted by the board may be held. 1-23 (d) On finding that good cause exists for issuing the 1-24 subpoena, the court shall order the person to comply with the 2-1 subpoena. The court may punish a person who fails to obey the 2-2 court order. 2-3 (e) The board may delegate the authority granted under 2-4 Subsection (a) to the executive director or the secretary-treasurer 2-5 of the board. 2-6 (f) The board shall pay a reasonable fee for photocopies 2-7 subpoenaed under this section in an amount not to exceed the amount 2-8 the board may charge for copies of its records. 2-9 (g) The reimbursement of the expenses of a witness whose 2-10 attendance is compelled under this section is governed by Section 2-11 2001.103, Government Code. 2-12 (h) All information and materials subpoenaed or compiled by 2-13 the board in connection with a complaint and investigation are 2-14 confidential and not subject to disclosure under Chapter 552, 2-15 Government Code, and not subject to disclosure, discovery, 2-16 subpoena, or other means of legal compulsion for their release to 2-17 anyone other than the board or its employees or agents involved in 2-18 discipline of the holder of a license or order of recognition, 2-19 except that this information may be disclosed to: 2-20 (1) persons involved with the board in a disciplinary 2-21 action against the holder of a license or order of recognition; 2-22 (2) professional social work licensing or disciplinary 2-23 boards in other jurisdictions; 2-24 (3) peer assistance programs approved by the board 2-25 under Chapter 467, Health and Safety Code; 2-26 (4) law enforcement agencies; and 2-27 (5) persons engaged in bona fide research, if all 3-1 information identifying a specific individual has been deleted. 3-2 (i) The filing of formal charges against a holder of a 3-3 license or order of recognition, the nature of those charges, 3-4 disciplinary proceedings of the board, the findings of the board, 3-5 and final disciplinary actions, including warnings and reprimands, 3-6 by the board are not confidential and are subject to disclosure in 3-7 accordance with Chapter 552, Government Code. 3-8 SECTION 2. To the extent of any conflict, this Act prevails 3-9 over another Act of the 77th Legislature, Regular Session, 2001, 3-10 relating to nonsubstantive additions to and corrections in enacted 3-11 codes. 3-12 SECTION 3. The change in law made by this Act applies to a 3-13 disciplinary proceeding by the Texas State Board of Social Worker 3-14 Examiners pending on or commenced on or after the effective date of 3-15 this Act. 3-16 SECTION 4. This Act takes effect immediately if it receives 3-17 a vote of two-thirds of all the members elected to each house, as 3-18 provided by Section 39, Article III, Texas Constitution. If this 3-19 Act does not receive the vote necessary for immediate effect, this 3-20 Act takes effect September 1, 2001.