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A BILL TO BE ENTITLED
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AN ACT
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relating to disciplinary proceedings applicable to a licensed |
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forensic analyst. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4-c, Article 38.01, Code of Criminal |
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Procedure, is amended by amending Subsection (c) and adding |
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Subsections (d) and (e) to read as follows: |
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(c) The commission shall give written notice by certified |
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mail of a determination described by Subsection (a) to a license |
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holder who is the subject of the determination. The notice must: |
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(1) include a brief summary of the alleged misconduct |
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or violation; |
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(2) state the disciplinary action taken by the |
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commission; and |
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(3) inform the license holder of the license holder's |
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right to a hearing before the Judicial Branch Certification |
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Commission on the occurrence of the misconduct or violation, the |
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imposition of disciplinary action, or both. |
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(d) Not later than the 20th day after the date the license |
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holder receives the notice under Subsection (c), the license holder |
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may request a hearing by submitting a written request to the |
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Judicial Branch Certification Commission. If the license holder |
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fails to timely submit a request, the commission's disciplinary |
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action becomes final and is not subject to review by the Judicial |
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Branch Certification Commission. |
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(e) If the license holder requests a hearing, the Judicial |
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Branch Certification Commission shall conduct a hearing to |
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determine whether there is substantial evidence to support the |
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determination under Subsection (a) that the license holder |
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committed professional misconduct or violated this article or a |
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commission rule or order under this article. If the Judicial Branch |
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Certification Commission upholds the determination, the Judicial |
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Branch Certification Commission shall determine the type of |
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disciplinary action to be taken. The Judicial Branch Certification |
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Commission shall conduct the hearing in accordance with the |
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procedures provided by Subchapter B, Chapter 153, Government Code, |
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as applicable, and the rules of the Judicial Branch Certification |
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Commission. [Disciplinary proceedings of the commission are
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governed by Chapter 2001, Government Code.
A hearing under this
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section shall be conducted by an administrative law judge of the
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State Office of Administrative Hearings.] |
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SECTION 2. The change in law made by this Act applies only |
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to a disciplinary action taken on or after the effective date of |
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this Act. A disciplinary action taken before the effective date of |
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this Act is governed by the law in effect on the date the action was |
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taken, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |