Bill Text: TX HB2452 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to complaints filed with the Texas Department of Licensing and Regulation.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Enrolled) 2019-05-17 - Sent to the Governor [HB2452 Detail]

Download: Texas-2019-HB2452-Enrolled.html
 
 
  H.B. No. 2452
 
 
 
 
AN ACT
  relating to complaints filed with the Texas Department of Licensing
  and Regulation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.252, Occupations Code, is amended by
  amending Subsection (b) and adding Subsections (b-1) and (e) to
  read as follows:
         (b)  The department shall maintain a file on each written
  complaint filed with the department. The file must include:
               (1)  except for a complaint described by Subsection
  (b-1), the name of the person who filed the complaint;
               (2)  the date the complaint is received by the
  department;
               (3)  the subject matter of the complaint;
               (4)  the name of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  an explanation of the reason the file was closed,
  if the department closed the file without taking action other than
  to investigate the complaint.
         (b-1)  The department may accept, but is not required to
  investigate, a complaint that lacks sufficient information to
  identify the source or the name of the person who filed the
  complaint.
         (e)  The department may contract with a qualified individual
  to assist the department with reviewing or investigating complaints
  filed with the department. Except for an act of the individual
  involving fraud, conspiracy, or malice, an individual with whom the
  department contracts under this subsection is immune from liability
  and may not be subject to a suit for damages for any act arising from
  the performance of the individual's duties in:
               (1)  participating in an informal conference to
  determine the facts of a complaint;
               (2)  evaluating evidence in a complaint and offering an
  expert opinion or technical guidance on an alleged violation of:
                     (A)  a law establishing a regulatory program
  administered by the department; or
                     (B)  a rule adopted or order issued by the
  executive director or commission;
               (3)  testifying at a hearing regarding a complaint; or
               (4)  making an evaluation, report, or recommendation
  regarding a complaint.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2452 was passed by the House on April
  24, 2019, by the following vote:  Yeas 141, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2452 was passed by the Senate on May
  15, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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