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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority and duties of the office of inspector |
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general for the Health and Human Services Commission; authorizing |
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the recovery of fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 59.006(a), Finance Code, is amended to |
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read as follows: |
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(a) This section provides the exclusive method for |
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compelled discovery of a record of a financial institution relating |
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to one or more customers but does not create a right of privacy in a |
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record. This section does not apply to and does not require or |
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authorize a financial institution to give a customer notice of: |
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(1) a demand or inquiry from a state or federal |
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government agency authorized by law to conduct an examination of |
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the financial institution; |
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(2) a record request from a state or federal |
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government agency or instrumentality under statutory or |
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administrative authority that provides for, or is accompanied by, a |
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specific mechanism for discovery and protection of a customer |
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record of a financial institution, including a record request from |
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a federal agency subject to the Right to Financial Privacy Act of |
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1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the |
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Internal Revenue Service under Section 1205, Internal Revenue Code |
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of 1986; |
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(3) a record request from or report to a government |
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agency arising out of the investigation or prosecution of a |
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criminal offense or the investigation of alleged abuse, neglect, or |
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exploitation of a [an elderly or disabled] person who is elderly or |
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has a disability in accordance with Chapter 48, Human Resources |
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Code; |
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(4) a record request in connection with a garnishment |
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proceeding in which the financial institution is garnishee and the |
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customer is debtor; |
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(5) a record request by a duly appointed receiver for |
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the customer; |
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(6) an investigative demand or inquiry from a state |
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legislative investigating committee; |
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(7) an investigative demand or inquiry from the |
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attorney general of this state as authorized by law other than the |
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procedural law governing discovery in civil cases; |
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(7-a) an administrative subpoena, investigative |
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demand, or inquiry from the Health and Human Services Commission's |
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office of inspector general as authorized by law other than the |
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procedural law governing discovery in civil cases; or |
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(8) the voluntary use or disclosure of a record by a |
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financial institution subject to other applicable state or federal |
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law. |
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SECTION 2. Section 531.102, Government Code, is amended by |
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adding Subsections (i-1) and (i-2) to read as follows: |
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(i-1) In conducting an audit, investigation, or integrity |
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review under this section, the office may, in accordance with |
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Sections 531.1021 and 531.1022, as applicable: |
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(1) require a person to file on a prescribed form a |
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statement in writing, under oath or affirmation, as to all the facts |
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and circumstances concerning an alleged unlawful act and other |
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information considered necessary by the office; |
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(2) examine under oath a person in connection with an |
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alleged unlawful act; and |
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(3) require a person to produce documentary material |
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relevant to an alleged unlawful act and permit inspection and |
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copying of the material. |
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(i-2) The office may use documentary material derived from |
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information obtained under Subsection (i-1), or copies of that |
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material, as the office determines necessary in the enforcement of |
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state law relating to the provision of health and human services, |
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including presentation in an administrative proceeding or before a |
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court. |
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SECTION 3. The heading to Section 531.1021, Government |
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Code, is amended to read as follows: |
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Sec. 531.1021. ADMINISTRATIVE SUBPOENAS. |
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SECTION 4. Sections 531.1021(a), (b), (c), and (g), |
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Government Code, are amended to read as follows: |
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(a) The office of inspector general may issue an |
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administrative [request that the commissioner or the
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commissioner's designee approve the issuance by the office of a] |
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subpoena in connection with an audit, investigation, or integrity |
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review conducted by the office. The [If the request is approved,
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the] office may issue a subpoena to compel the attendance of a |
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relevant witness or the production, for inspection or copying, of |
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relevant evidence that is in this state. |
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(b) A subpoena may be served personally, [or] by certified |
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mail, or as provided in a written agreement between the office and |
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the person to be served. |
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(c) If a person fails to comply with a subpoena, the office |
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may impose an administrative sanction or, acting through the |
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attorney general, may file suit to enforce the subpoena in a |
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district court in this state. |
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(g) All information and materials subpoenaed or compiled by |
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the office in connection with an audit, [or] investigation, or |
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integrity review that relate to any person receiving state or |
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federal funds under a health and human services program, or by the |
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office of the attorney general in connection with a Medicaid fraud |
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investigation, are confidential and not subject to disclosure under |
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Chapter 552, and not subject to disclosure, discovery, subpoena, or |
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other means of legal compulsion for their release to anyone other |
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than the office or the attorney general or their employees or agents |
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involved in the audit, [or] investigation, or integrity review |
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conducted by the office or the attorney general, except that this |
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information may be disclosed to the state auditor's office, law |
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enforcement agencies, health and human services agencies, other |
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agencies with regulatory authority over health and human services |
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providers, and other entities as permitted by other law. |
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SECTION 5. Subchapter C, Chapter 531, Government Code, is |
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amended by adding Sections 531.1022, 531.1023, and 531.1024 to read |
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as follows: |
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Sec. 531.1022. CIVIL INVESTIGATIVE DEMANDS. (a) The |
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office of inspector general may, in connection with an audit, |
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investigation, or integrity review conducted by the office, execute |
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in writing and serve on a person a civil investigative demand |
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requiring the person to produce relevant documentary material as |
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provided by this section. |
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(b) An investigative demand must: |
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(1) state the rule or statute under which the alleged |
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unlawful act is being investigated and the general subject matter |
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of the investigation; |
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(2) describe the class or classes of documentary |
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material to be produced with reasonable specificity to fairly |
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indicate the documentary material demanded; |
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(3) prescribe a return date within which the |
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documentary material is to be produced; and |
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(4) identify an authorized employee of the office of |
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inspector general to whom the documentary material is to be |
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provided. |
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(c) Service of an investigative demand may be made by: |
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(1) delivering an executed copy of the demand to the |
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person to be served or to a partner, an officer, or an agent |
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authorized by appointment or law to receive service of process on |
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behalf of that person; |
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(2) delivering an executed copy of the demand to the |
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principal place of business in this state of the person to be |
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served; or |
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(3) mailing by registered or certified mail an |
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executed copy of the demand addressed to the person to be served at |
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the person's principal place of business in this state or, if the |
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person has no place of business in this state, to a person's |
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principal office or place of business. |
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(d) The office of inspector general shall prescribe terms |
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and conditions relating to the production of documentary material |
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under this section. |
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(e) The person on whom the investigative demand is served |
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under this section shall provide the requested documentary material |
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or copies of documentary material at no cost to the office. |
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(f) Any documentary material produced under this section or |
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copies of that material may be used in enforcing state law relating |
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to the provision of health and human services, including |
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presentation in an administrative proceeding or before a court. |
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(g) A person may file a petition in a district court of |
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Travis County or a district court in a county in which the person |
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has a place of business, stating good cause, to extend the return |
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date for the investigative demand or to modify or set aside the |
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demand. |
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(h) Except as provided by a court order, a person on whom an |
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investigative demand has been served under this section shall |
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comply with the terms of the demand. |
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(i) A person who has committed an unlawful act relating to |
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the provision of health and human services in this state has |
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submitted to the jurisdiction of this state, and personal service |
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of an investigative demand under this section may be made on the |
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person outside of this state. |
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(j) This section does not limit the authority of the office |
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of inspector general to conduct investigations or to access a |
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person's documentary materials or other information under another |
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state or federal law or the Texas Rules of Civil Procedure. |
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(k) If a person fails to comply with an investigative |
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demand, or if copying and reproduction of the documentary material |
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demanded cannot be satisfactorily accomplished and the person |
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refuses to surrender the documentary material without filing a |
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petition in accordance with Subsection (g), the office of inspector |
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general may impose an administrative sanction or file in a district |
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court of Travis County a petition for an order to enforce the |
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demand. |
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(l) If a petition is filed under Subsection (k), the court |
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may determine the matter presented and may enter an order to |
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implement this section. |
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(m) Failure to comply with a final order entered under |
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Subsection (l) is punishable by contempt. |
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(n) A final order issued by a district court under |
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Subsection (l) is subject to appeal to the supreme court. |
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Sec. 531.1023. RECOVERY OF FEES, EXPENSES, AND COSTS. The |
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office of inspector general may recover fees, expenses, and costs |
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that are related to the office's responsibilities under Section |
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531.102(a) and are: |
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(1) reasonably incurred in obtaining administrative |
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remedies, imposing administrative sanctions, or conducting |
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investigations, including court costs, reasonable attorney's fees, |
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witness fees, and deposition fees; or |
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(2) otherwise specified by the legislature in the |
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General Appropriations Act. |
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Sec. 531.1024. EXPERT IMMUNITY. An expert who assists the |
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office of inspector general is immune from suit and judgment and may |
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not be subjected to a suit for damages for any investigation, |
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report, recommendation, statement, evaluation, finding, or other |
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action taken without fraud or malice in the course of assisting the |
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office with an audit, investigation, or integrity review. The |
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attorney general shall represent the expert in any suit resulting |
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from a service provided by the expert in good faith to the office of |
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inspector general. |
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SECTION 6. Section 402.085(a), Labor Code, is amended to |
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read as follows: |
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(a) The division shall release information on a claim to: |
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(1) the Texas Department of Insurance for any |
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statutory or regulatory purpose, including a research purpose under |
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Chapter 405; |
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(2) a legislative committee for legislative purposes; |
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(3) a state or federal elected official requested in |
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writing to provide assistance by a constituent who qualifies to |
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obtain injury information under Section 402.084(b), if the request |
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for assistance is provided to the division; |
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(4) the attorney general or another entity that |
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provides child support services under Part D, Title IV, Social |
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Security Act (42 U.S.C. Section 651 et seq.), relating to: |
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(A) establishing, modifying, or enforcing a |
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child support or medical support obligation; or |
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(B) locating an absent parent; [or] |
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(5) the office of injured employee counsel for any |
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statutory or regulatory purpose that relates to a duty of that |
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office as provided by Section 404.111(a); or |
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(6) the Health and Human Services Commission's office |
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of inspector general under an administrative subpoena, |
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investigative demand, or other written request relating to an |
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audit, investigation, or integrity review conducted by the office. |
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SECTION 7. Section 22.27(b), Tax Code, is amended to read as |
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follows: |
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(b) Information made confidential by this section may be |
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disclosed: |
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(1) in a judicial or administrative proceeding |
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pursuant to a lawful subpoena; |
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(2) to the person who filed the statement or report or |
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the owner of property subject to the statement, report, or |
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information or to a representative of either authorized in writing |
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to receive the information; |
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(3) to the comptroller and the comptroller's employees |
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authorized by the comptroller in writing to receive the information |
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or to an assessor or a chief appraiser if requested in writing; |
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(4) in a judicial or administrative proceeding |
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relating to property taxation to which the person who filed the |
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statement or report or the owner of the property that is a subject |
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of the statement, report, or information is a party; |
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(5) for statistical purposes if in a form that does not |
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identify specific property or a specific property owner; |
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(6) if and to the extent the information is required to |
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be included in a public document or record that the appraisal office |
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is required to prepare or maintain; |
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(7) to a taxing unit or its legal representative that |
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is engaged in the collection of delinquent taxes on the property |
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that is the subject of the information; |
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(8) to an employee or agent of a taxing unit |
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responsible for auditing, monitoring, or reviewing the operations |
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of an appraisal district; [or] |
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(9) to an employee or agent of a school district that |
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is engaged in the preparation of a protest of the comptroller's |
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property value study in accordance with Section 403.303, Government |
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Code; or |
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(10) to the Health and Human Services Commission's |
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office of inspector general under an administrative subpoena, |
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investigative demand, or other written request relating to an |
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audit, investigation, or integrity review conducted by the office. |
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SECTION 8. Section 730.005, Transportation Code, is amended |
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to read as follows: |
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Sec. 730.005. REQUIRED DISCLOSURE. Personal information |
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obtained by an agency in connection with a motor vehicle record |
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shall be disclosed for use in connection with any matter of: |
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(1) motor vehicle or motor vehicle operator safety; |
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(2) motor vehicle theft; |
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(3) motor vehicle emissions; |
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(4) motor vehicle product alterations, recalls, or |
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advisories; |
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(5) performance monitoring of motor vehicles or motor |
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vehicle dealers by a motor vehicle manufacturer; |
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(6) removal of nonowner records from the original |
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owner records of a motor vehicle manufacturer to carry out the |
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purposes of: |
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(A) the Automobile Information Disclosure Act, |
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15 U.S.C. Section 1231 et seq.; |
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(B) 49 U.S.C. Chapters 301, 305, 323, 325, 327, |
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329, and 331; |
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(C) the Anti Car Theft Act of 1992, 18 U.S.C. |
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Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C. |
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Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all |
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as amended; |
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(D) the Clean Air Act, 42 U.S.C. Section 7401 et |
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seq., as amended; and |
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(E) any other statute or regulation enacted or |
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adopted under or in relation to a law included in Paragraphs |
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(A)-(D); |
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(7) child support enforcement under Chapter 231, |
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Family Code; [or] |
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(8) enforcement by the Texas Workforce Commission |
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under Title 4, Labor Code; or |
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(9) enforcement by the Health and Human Services |
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Commission's office of inspector general under Chapter 531, |
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Government Code. |
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SECTION 9. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 10. This Act takes effect September 1, 2013. |