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.