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By: Patrick, et al. (Senate Sponsor - Carona) |
H.B. No. 2876 |
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(In the Senate - Received from the House May 4, 2009; |
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May 6, 2009, read first time and referred to Committee on |
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Jurisprudence; May 15, 2009, reported favorably by the following |
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vote: Yeas 7, Nays 0; May 15, 2009, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of an administrative law judge to order |
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the release of certain information relating to a child abuse and |
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neglect investigation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.201, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) On a motion of one of the parties in a contested case |
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before an administrative law judge relating to the license or |
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certification of a professional, as defined by Section 261.101(b), |
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or an educator, as defined by Section 5.001, Education Code, the |
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administrative law judge may order the disclosure of information |
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that is confidential under this section that relates to the matter |
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before the administrative law judge after a hearing for which |
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notice is provided as required by Subsection (b)(2) and making the |
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review and determination required by Subsection (b)(3). Before the |
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department may release information under this subsection, the |
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department must edit the information to protect the confidentiality |
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of the identity of any person who makes a report of abuse or |
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neglect. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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* * * * * |