By:  Carona                                           S.B. No. 1024
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to investigations under and enforcement of the law
 1-3     regulating the practice of podiatry.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 202.204, Occupations Code, is amended by
 1-6     amending Subsection (a) and adding Subsection (e) to read as
 1-7     follows:
 1-8           (a)  The board shall adopt rules concerning the investigation
 1-9     of a complaint filed with the board.  The rules adopted under this
1-10     subsection must:
1-11                 (1)  distinguish between categories of complaints;
1-12                 (2)  ensure that complaints are not dismissed without
1-13     appropriate consideration;
1-14                 (3)  require that the board be advised of a complaint
1-15     that is dismissed and that a letter be sent to the person who filed
1-16     the complaint explaining the action taken on the dismissed
1-17     complaint;
1-18                 (4)  ensure that the person who filed the complaint has
1-19     an opportunity to explain the allegations made in the complaint;
1-20     and
1-21                 (5)  prescribe guidelines concerning the categories of
1-22     complaints that require the use of an [a private] investigator and
1-23     the procedures for the board to obtain the services of an
1-24     investigator, including a private investigator.
1-25           (e)  An investigator whose service is obtained by the board
 2-1     in an investigation under this section is immune from suit and
 2-2     liability for:
 2-3                 (1)  holding an informal conference to determine the
 2-4     facts of the complaint;
 2-5                 (2)  testifying at a hearing regarding the
 2-6     investigation;
 2-7                 (3)  issuing an opinion on or making a report about:
 2-8                       (A)  a person who files a complaint under this
 2-9     chapter or requests the services of the board;
2-10                       (B)  a podiatrist; or
2-11                       (C)  a podiatric patient; and
2-12                 (4)  investigating a complaint filed with the board.
2-13           SECTION 2.  Subchapter K, Chapter 202, Occupations Code, is
2-14     amended by adding Section 202.5015 to read as follows:
2-15           Sec. 202.5015.  CERTAIN CONDUCT CONSTITUTING CHAPTER
2-16     VIOLATION.  A license holder who engages in conduct described by
2-17     Section 202.253 violates this chapter.
2-18           SECTION 3.  This Act takes effect September 1, 2001.