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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 crime |
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laboratory or license holder investigated by the Texas Forensic |
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Science Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 4-c(a), (c), (d), and (e), Article |
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38.01, Code of Criminal Procedure, are amended to read as follows: |
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(a) On a determination by the commission that a license |
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holder or crime laboratory has committed professional negligence or |
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professional misconduct under this article, violated the code of |
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professional responsibility under this article, or otherwise |
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violated this article or a rule or order of the commission under |
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this article, the commission may, as applicable: |
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(1) revoke or suspend the person's license or crime |
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laboratory's accreditation; |
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(2) refuse to renew the person's license or crime |
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laboratory's accreditation; or |
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(3) reprimand the license holder or crime laboratory. |
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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 the |
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applicable [a] license holder or crime laboratory [who is the |
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subject of the determination]. The notice must: |
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(1) include a brief summary of the alleged negligence, |
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misconduct, 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 or crime laboratory of |
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the license holder's or crime laboratory's right to a hearing before |
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the Judicial Branch Certification Commission on the occurrence of |
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the negligence, misconduct, or violation, the imposition of a |
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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 or crime laboratory receives the notice under Subsection |
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(c), the license holder or crime laboratory may accept the |
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disciplinary action or request a hearing by submitting a written |
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request to the Judicial Branch Certification Commission to contest |
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the findings of fact or conclusions of law, the occurrence of the |
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negligence, misconduct, or violation, or the imposition of a |
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disciplinary action, as applicable. If the license holder or crime |
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laboratory fails to timely submit a request, the commission's |
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disciplinary action becomes final and is not subject to review by |
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the Judicial Branch Certification Commission. |
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(e) If the license holder or crime laboratory requests a |
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hearing, the Judicial Branch Certification Commission shall |
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conduct a hearing to determine whether there is substantial |
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evidence to support the determination under Subsection (a) that the |
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negligence, misconduct, or violation occurred [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 |
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Branch Certification Commission upholds the determination, the |
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Judicial Branch Certification Commission shall determine the type |
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of disciplinary action to be taken. The Judicial Branch |
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Certification Commission shall conduct the hearing, and any appeal |
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of that commission's decision, in accordance with the procedures |
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provided by Subchapter B, Chapter 153, Government Code, as |
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applicable, and the rules of the Judicial Branch Certification |
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Commission. |
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SECTION 2. This Act takes effect September 1, 2023. |