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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Department of Licensing and Regulation |
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complaint review process. |
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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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adding Subsections (e), (f), and (g) to read as follows: |
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(e) The department may contract with a qualified individual |
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to assist with the complaint review process. |
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(f) Except for any action by a qualified individual |
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involving fraud, conspiracy, or malice, a qualified individual with |
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whom the department contracts to provide complaint review services |
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is immune from liability and may not be subject to a suit for |
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damages for any act arising from the performance of their 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 filed with the |
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department and offering an expert opinion or technical guidance |
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about possible violations; |
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(3) testifying at a hearing regarding a complaint; and |
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(4) making an evaluation, report, or recommendation |
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regarding a complaint. |
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(g) The department may accept, but is not obligated 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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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. |