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AN ACT
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relating to complaints filed with the Texas Department of Licensing |
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and Regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.252, Occupations Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1) and (e) to |
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read as follows: |
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(b) The department shall maintain a file on each written |
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complaint filed with the department. The file must include: |
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(1) except for a complaint described by Subsection |
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(b-1), the name of the person who filed the complaint; |
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(2) the date the complaint is received by the |
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department; |
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(3) the subject matter of the complaint; |
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(4) the name of each person contacted in relation to |
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the complaint; |
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(5) a summary of the results of the review or |
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investigation of the complaint; and |
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(6) an explanation of the reason the file was closed, |
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if the department closed the file without taking action other than |
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to investigate the complaint. |
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(b-1) The department may accept, but is not required to |
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investigate, a complaint that lacks sufficient information to |
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identify the source or the name of the person who filed the |
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complaint. |
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(e) The department may contract with a qualified individual |
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to assist the department with reviewing or investigating complaints |
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filed with the department. Except for an act of the individual |
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involving fraud, conspiracy, or malice, an individual with whom the |
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department contracts under this subsection is immune from liability |
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and may not be subject to a suit for damages for any act arising from |
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the performance of the individual's duties in: |
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(1) participating in an informal conference to |
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determine the facts of a complaint; |
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(2) evaluating evidence in a complaint and offering an |
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expert opinion or technical guidance on an alleged violation of: |
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(A) a law establishing a regulatory program |
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administered by the department; or |
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(B) a rule adopted or order issued by the |
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executive director or commission; |
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(3) testifying at a hearing regarding a complaint; or |
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(4) making an evaluation, report, or recommendation |
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regarding a complaint. |
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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, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2452 was passed by the House on April |
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24, 2019, by the following vote: Yeas 141, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2452 was passed by the Senate on May |
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15, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |