By:  Madla                                                        S.B. No. 1299
	(In the Senate - Filed March 12, 2003; March 19, 2003, read 
first time and referred to Committee on Health and Human Services; 
April 22, 2003, reported favorably by the following vote:  Yeas 7, 
Nays 0; April 22, 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.
	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.



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