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.