LEGISLATIVE BUDGET BOARD
Austin, Texas
 
OPEN GOVERNMENT IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
February 27, 2013

TO:
Honorable John Carona, Chair, Senate Committee On Business & Commerce
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB408 by Carona (Relating to the confidentiality of certain complaints to and investigations by the Texas Department of Licensing and Regulation.), Committee Report 1st House, Substituted

As a result of this bill, there will be a restriction upon the access to government information.

Under the provisions of the bill, information regarding complaints compiled under Subchapter E, Occupations Code, would be confidential and not subject to disclosure, discovery, subpoena, or other means of legal compulsion.

This information would be required to be accessible upon request to a law enforcement officer, a member of the legislature, or a legislative agency. TDLR would also be permitted to disclose the information to TDLR personnel involved in disciplinary or administrative proceedings, a party to those proceedings, a licensing or disciplinary board, or a person involved in research if the identifying information on the individual has been removed. The filing of formal proceedings, the nature of these proceedings, and disciplinary proceedings and actions would still be subject to disclosure.



Source Agencies:
LBB Staff:
UP, RB, SD, KKR