SRC-VRA H.B. 2132 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2132
78R10992 JMM-FBy: Zedler (Madla)
Administration
5/8/2003
Engrossed


DIGEST AND PURPOSE 

The 76th Texas Legislature enacted legislation to give professional
independent or semiindependent licensing and regulatory boards the
authority to subpoena witnesses or documents. H.B. 2132 authorizes the
executive director or presiding officer of the Texas State Board of
Examiners of Psychologists to issue and serve a subpoena in an
investigation.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 501, Occupations Code, by adding
Section 501.207, as follows: 
 
Sec. 501.207.  SUBPOENAS.  (a)  Authorizes, in an investigation of a
complaint filed with the Texas State Board of Examiners of Psychologists
(TSBEP), the executive director or presiding officer of TSBEP to issue a
subpoena to compel the attendance of a relevant witness or the production,
for inspection or copying, of relevant evidence that is in this state. 
 
  (b)  Authorizes a subpoena to be served personally or by certified mail.
 
(c)  Authorizes TSBEP, acting through the attorney general, if a person
fails to comply with a subpoena, to file suit to enforce the subpoena in a
district court in Travis County or in the county in which a hearing
conducted by TSBEP may be held. 
 
(d)  Requires the court, on finding that good cause exists for issuing the
subpoena, to order the person to comply with the subpoena.  Authorizes the
court to punish a person who fails to obey the court order. 
 
(e)  Requires TSBEP to pay for photocopies subpoenaed under this section a
reasonable fee in an amount not to exceed the amount TSBEP may charge for
copies of its records. 
 
(f)  Provides that the reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code. 
 
(g)  Authorizes information and materials subpoenaed or compiled by TSBEP
in connection with the investigation of a complaint to be disclosed only
as provided by Section 501.205. 
 
SECTION 2.  Makes application of Section 501.207, Occupations Code, as
added by this Act, prospective. 
 
SECTION 3.   Effective date:  upon passage or September 1, 2003.