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 * * * * *