1-1     By:  Carona                                           S.B. No. 1024
 1-2           (In the Senate - Filed March 1, 2001; March 5, 2001, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     April 3, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 3, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1024                  By:  Duncan
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to investigations under and enforcement of the law
1-11     regulating the practice of podiatry.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 202.204, Occupations Code, is amended by
1-14     amending Subsection (a) and adding Subsection (e) to read as
1-15     follows:
1-16           (a)  The board shall adopt rules concerning the investigation
1-17     of a complaint filed with the board.  The rules adopted under this
1-18     subsection must:
1-19                 (1)  distinguish between categories of complaints;
1-20                 (2)  ensure that complaints are not dismissed without
1-21     appropriate consideration;
1-22                 (3)  require that the board be advised of a complaint
1-23     that is dismissed and that a letter be sent to the person who filed
1-24     the complaint explaining the action taken on the dismissed
1-25     complaint;
1-26                 (4)  ensure that the person who filed the complaint has
1-27     an opportunity to explain the allegations made in the complaint;
1-28     and
1-29                 (5)  prescribe guidelines concerning the categories of
1-30     complaints that require the use of an [a private] investigator and
1-31     the procedures for the board to obtain the services of an
1-32     investigator, including a private investigator.
1-33           (e)  An investigator whose service is obtained by the board
1-34     in an investigation under this section is immune from suit and
1-35     liability for:
1-36                 (1)  holding an informal conference to determine the
1-37     facts of the complaint;
1-38                 (2)  testifying at a hearing regarding the
1-39     investigation;
1-40                 (3)  issuing an opinion on or making a report about:
1-41                       (A)  a person who files a complaint under this
1-42     chapter or requests the services of the board;
1-43                       (B)  a podiatrist; or
1-44                       (C)  a podiatric patient; and
1-45                 (4)  investigating a complaint filed with the board.
1-46           SECTION 2.  Subchapter K, Chapter 202, Occupations Code, is
1-47     amended by adding Section 202.5015 to read as follows:
1-48           Sec. 202.5015.  CERTAIN CONDUCT CONSTITUTING CHAPTER
1-49     VIOLATION.  A license holder who engages in conduct described by
1-50     Section 202.253 violates this chapter.
1-51           SECTION 3.  This Act takes effect September 1, 2001.
1-52                                  * * * * *