78R7712 JMM-D
By: Zedler H.B. No. 2132
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas State Board of Examiners of
Psychologists to issue a subpoena to obtain certain information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 501, Occupations Code, is
amended by adding Section 501.2045 to read as follows:
Sec. 501.2045. SUBPOENAS. (a) In an investigation of a
complaint filed with the board, the board may 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) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the board,
acting through the attorney general, may 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.
(d) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court
order.
(e) The board may delegate the authority granted under
Subsection (a) to the executive director of the board.
(f) The board shall pay a reasonable fee for photocopies
subpoenaed under this section in an amount not to exceed the amount
the board may charge for copies of its records.
(g) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license, except that this information
may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) psychologist licensing or disciplinary boards in
other jurisdictions;
(3) peer assistance programs approved by the board
under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Chapter 552, Government
Code.
SECTION 2. This Act takes effect September 1, 2003, and
applies to the investigation of a complaint filed with the Texas
State Board of Examiners of Psychologists that is pending on that
date or filed on or after that date.