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A BILL TO BE ENTITLED
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AN ACT
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relating to public access to certain information and materials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The following sections of the Occupations |
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Code are repealed: |
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(1) Section 110.256; |
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(2) Sections 401.2535(h) and (i); |
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(3) Sections 402.154(h) and (i); |
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(4) Sections 451.110(h) and (i); |
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(5) Sections 502.2045(h) and (i); |
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(6) Sections 503.2545(h) and (i); |
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(7) Sections 505.2545(h) and (i); |
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(8) Sections 602.1525(h) and (i); |
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(9) Sections 603.2041(h) and (i); |
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(10) Sections 605.2021(h) and (i); and |
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(11) Sections 701.2041(h) and (i). |
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(b) Sections 241.051(e) and 577.013(e), Health and Safety |
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Code, are repealed. |
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SECTION 2. Section 241.051(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) Information [All information and materials] obtained or |
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compiled by the department in connection with a complaint or [and] |
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investigation that is [concerning a hospital are] confidential by |
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law remains confidential and is [and] not subject to disclosure |
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under Chapter 552 [Section 552.001 et seq.], Government Code[, and
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not subject to disclosure, discovery, subpoena, or other means of
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legal compulsion for their release to anyone other than the
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department or its employees or agents involved in the enforcement
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action except that this information may be disclosed to:
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[(1)
persons involved with the department in the
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enforcement action against the hospital;
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[(2)
the hospital that is the subject of the
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enforcement action, or the hospital's authorized representative;
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[(3)
appropriate state or federal agencies that are
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authorized to inspect, survey, or investigate hospital services;
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[(4) law enforcement agencies; and
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[(5)
persons engaged in bona fide research, if all
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individual-identifying and hospital-identifying information has
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been deleted]. |
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SECTION 3. Section 577.013(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) Information [All information and materials] obtained or |
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compiled by the department in connection with a complaint or [and] |
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investigation that is [concerning a mental hospital licensed under
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this chapter are] confidential by law remains confidential and is |
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[and] not subject to disclosure under Chapter 552, Government |
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Code[, discovery, subpoena, or other means of legal compulsion for
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their release to anyone other than the department or its employees
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or agents involved in the enforcement action except that this
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information may be disclosed to:
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[(1)
persons involved with the department in the
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enforcement action against the licensed mental hospital;
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[(2)
the licensed mental hospital that is the subject
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of the enforcement action, or the licensed mental hospital's
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authorized representative;
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[(3)
appropriate state or federal agencies that are
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authorized to inspect, survey, or investigate licensed mental
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hospital services;
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[(4) law enforcement agencies; and
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[(5)
persons engaged in bona fide research, if all
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individual-identifying information and information identifying the
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licensed mental hospital has been deleted]. |
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SECTION 4. This Act takes effect September 1, 2009. |