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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain complaints to and |
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investigations by the Texas Department of Licensing and Regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 51, Occupations Code, is |
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amended by adding Section 51.2525 to read as follows: |
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Sec. 51.2525. CONFIDENTIALITY OF COMPLAINTS AND |
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INVESTIGATIONS. (a) Notwithstanding any other law, except as |
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provided by Subsection (b) or (c), a complaint against a person |
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filed with the department or an investigation of a person conducted |
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by the department and all information and material compiled by the |
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department related to the complaint or investigation is: |
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(1) confidential and not subject to disclosure under |
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Chapter 552, Government Code; and |
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(2) not subject to disclosure, discovery, subpoena, or |
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other means of legal compulsion for release to anyone. |
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(b) Information regarding the complaint or the |
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investigation described by Subsection (a) may be disclosed to: |
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(1) the department or a department employee or agent |
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involved in a disciplinary or other administrative proceeding; |
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(2) a party to the disciplinary or other |
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administrative proceeding or the party's designated agent; |
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(3) a licensing or disciplinary board in another |
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jurisdiction; |
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(4) a law enforcement agency; or |
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(5) a person engaged in bona fide research, if all |
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information identifying a specific person has been deleted. |
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(c) The filing of formal proceedings against a person by the |
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department, the nature of those proceedings, disciplinary |
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proceedings of the department, and final disciplinary actions, |
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including warnings and reprimands, by the department are not |
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confidential and are subject to disclosure in accordance with |
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Chapter 552, Government Code. |
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SECTION 2. Section 51.2525, Occupations Code, as added by |
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this Act, applies only to a complaint filed or an investigation |
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commenced on or after the effective date of this Act. A complaint |
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filed or an investigation commenced before that date is governed by |
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the law in effect on the date the complaint was filed or the |
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investigation was commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |