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.