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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot project for complaints filed with certain state |
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boards or agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 154, Occupations Code, is |
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amended by adding Section 154.059 to read as follows: |
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Sec. 154.059. DISMISSAL OF CERTAIN COMPLAINTS. (a) |
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Notwithstanding any other law, the board shall dismiss, with |
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prejudice for want of prosecution, a complaint filed with the board |
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against a license holder if: |
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(1) the complaint is pending with the board and has not |
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been referred to the State Office of Administrative Hearings; |
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(2) the license holder files a motion to dismiss the |
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complaint with the board; and |
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(3) the complaint was filed with the board more than 12 |
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months before the date the motion to dismiss the complaint was |
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filed. |
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(b) Not later than December 31, 2016, the board shall submit |
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a report to the governor, lieutenant governor, and speaker of the |
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house of representatives that contains: |
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(1) the number and types of complaints dismissed under |
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this section; and |
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(2) the amount of time each complaint was pending with |
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the board before the complaint was dismissed. |
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(c) This subsection and Subsection (a) expire August 31, |
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2016. |
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(d) This subsection and Subsection (b) expire January 1, |
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2017. |
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SECTION 2. Subchapter F, Chapter 1001, Occupations Code, is |
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amended by adding Section 1001.256 to read as follows: |
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Sec. 1001.256. DISMISSAL OF CERTAIN COMPLAINTS. (a) |
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Notwithstanding any other law, the board shall dismiss, with |
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prejudice for want of prosecution, a complaint filed with the board |
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against a license holder if: |
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(1) the complaint is pending with the board and has not |
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|
been referred to the State Office of Administrative Hearings; |
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(2) the license holder files a motion to dismiss the |
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|
complaint with the board; and |
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(3) the complaint was filed with the board more than 12 |
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months before the date the motion to dismiss the complaint was |
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|
filed. |
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(b) Not later than December 31, 2016, the board shall submit |
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|
a report to the governor, lieutenant governor, and speaker of the |
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|
house of representatives that contains: |
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|
(1) the number and types of complaints dismissed under |
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|
this section; and |
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|
(2) the amount of time each complaint was pending with |
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|
the board before the complaint was dismissed. |
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|
(c) This subsection and Subsection (a) expire August 31, |
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2016. |
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(d) This subsection and Subsection (b) expire January 1, |
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2017. |
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SECTION 3. The changes in law made by this Act apply to a |
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complaint filed with a state agency that is pending on the effective |
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date of this Act. |
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SECTION 4. 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, 2015. |