SRC-MSY S.B. 1299 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1299
By: Madla
Health & Human Services
3/28/2003
As Filed


DIGEST AND PURPOSE 

In 1999, the 76th Texas Legislature granted professional independent or
semi-independent licensing and regulatory boards authority to subpoena
witnesses or documents in order to gather information to substantiate or
disapprove alleged violations.  However, the Texas State Board of
Examiners of Psychologists (TSBEP) was not granted such authority under
that legislation.  As proposed, S.B. 1299 allows the executive director or
presiding officer of TSBEP to issue and serve a subpoena and sets out the
guidelines for any such action. 

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 Chapter 501E, Occupations Code, by adding Section
501.207, as follows: 

Sec.  501.207.  SUBPOENAS.  (a)  Authorizes the executive director or
presiding officer of the Texas State Board of Examiners of Psychologists
(TSBEP) to issue a subpoena in an investigation of a complaint filed with
TSBEP 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, 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 a reasonable fee for photocopies subpoenaed
under this section 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
(Expenses of Witness or Deponent), Government Code. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  upon passage or September 1, 2003.