By: Zedler, et al. (Senate Sponsor - Madla) H.B. No. 2132
(In the Senate - Received from the House April 28, 2003;
May 1, 2003, read first time and referred to Committee on Health
and Human Services; May 6, 2003, rereferred to Committee on
Administration; May 13, 2003, reported favorably by the following
vote: Yeas 7, Nays 0; May 13, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the subpoena authority of the Texas State Board of
Examiners of Psychologists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 501, Occupations Code, is
amended by adding Section 501.207 to read as follows:
Sec. 501.207. SUBPOENAS. (a) In an investigation of a
complaint filed with the board, the executive director or presiding
officer of 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 shall pay for photocopies subpoenaed under
this section a reasonable fee in an amount not to exceed the amount
the board may charge for copies of its records.
(f) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(g) 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.
SECTION 2. Section 501.207, Occupations Code, as added by
this Act, applies only to a complaint filed on or after the
effective date of this Act. A complaint filed before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
* * * * *