C.S.H.B. 2132 78(R) BILL ANALYSIS C.S.H.B. 2132 By: Zedler Public Health Committee Report (Substituted) BACKGROUND AND PURPOSE The 76th Legislature enacted legislation to give professional independent or semi-independent licensing and regulatory boards the authority to subpoena witnesses or documents. This authority allows such agencies to gather information from banks, health care providers, and hospitals to substantiate or disapprove alleged violations. This act 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 It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS The bill 2132 amends the Occupations Code to provide that, in an investigation of a complaint filed with the Texas State Board of Examiners of Psychologists (board), the board or the executive director of the board is authorized 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 Texas. If a person fails to comply with the subpoena, the bill authorizes the board, acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held. On finding that good cause exists for issuing the subpoena, the bill requires the court to order the person to comply with the subpoena. The bill authorizes the court to punish a person who fails to obey the court order. The bill requires the board to pay for subpoenaed photocopies a reasonable fee in an amount not to exceed the amount the board may charge for copies of its records. The reimbursement of the expenses of a witness whose attendance is compelled is governed by Section 2001.103, Government Code. All information and materials subpoenaed or compiled by the board in connection with the investigation of a complaint may be disclosed only as provided by Section 501.205, Occupations Code. The Act would apply to any investigation of complaint filed on or after September 1, 2003 or filed. EFFECTIVE DATE On passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2003. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute differs from the original in that it is more specific in referring back to the agency's confidentiality section (501.205), which allows for the release of investigative material in limited situations. Additionally, subpoena power is given to the executive director or presiding officer of the board instead of the board and the act does not effect any pending complaints.