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Amend SB 211 as follows:
(1) Add the following appropriately numbered SECTION to the bill and renumber the SECTIONS of the bill appropriately:
SECTION ___. Subchapter E, Chapter 351, Occupations Code, is
amended by adding Section 351.2045 to read as follows:
Sec. 351.2045. CONFIDENTIALITY OF INVESTIGATION FILES. (a)
The board's investigation files are confidential, privileged, and
not subject to discovery, subpoena, or any other means of legal
compulsion for release other than to the board or an employee or
agent of the board.
(b) The board shall share information in investigation
files, on request, with another state or federal regulatory agency
or with a local, state, or federal law enforcement agency
regardless of whether the investigation has been completed. The
board is not required to disclose under this subsection information
that is an attorney-client communication, an attorney work product,
or other information protected by a privilege recognized by the
Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(c) On the completion of the investigation and before a
hearing under Section 351.503, the board shall provide to the
license holder, subject to any other privilege or restriction set
forth by rule, statute, or legal precedent, access to all
information in the board's possession that the board intends to
offer into evidence in presenting its case in chief at the contested
case hearing on the complaint. The board is not required to
provide:
(1) a board investigative report or memorandum;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work
product, or other materials covered by a privilege recognized by
the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(d) Notwithstanding Subsection (a), the board may:
(1) disclose a complaint to the affected license
holder; and
(2) provide to a complainant the license holder's
response to the complaint, if providing the response is considered
by the board to be necessary to investigate the complaint.
(e) This section does not prohibit the board or another
party in a disciplinary action from offering into evidence in a
contested case under Chapter 2001, Government Code, a record,
document, or other information obtained or created during an
investigation.
(2) In SECTION 4 of the bill, following Subsection (c) of
that section (committee printing page 3, after line 21), insert the
following:
(d) Section 351.2045, Occupations Code, as added by this
Act, applies to a complaint or investigation pending on the
effective date of this Act or filed on or after that date.