Bill Text: TX SB284 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to disciplinary proceedings applicable to a licensed forensic analyst.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB284 Detail]
Download: Texas-2019-SB284-Enrolled.html
S.B. No. 284 |
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relating to disciplinary proceedings applicable to a licensed | ||
forensic analyst. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 4-c, Article 38.01, Code of Criminal | ||
Procedure, is amended by amending Subsection (c) and adding | ||
Subsections (d) and (e) to read as follows: | ||
(c) The commission shall give written notice by certified | ||
mail of a determination described by Subsection (a) to a license | ||
holder who is the subject of the determination. The notice must: | ||
(1) include a brief summary of the alleged misconduct | ||
or violation; | ||
(2) state the disciplinary action taken by the | ||
commission; and | ||
(3) inform the license holder of the license holder's | ||
right to a hearing before the Judicial Branch Certification | ||
Commission on the occurrence of the misconduct or violation, the | ||
imposition of disciplinary action, or both. | ||
(d) Not later than the 20th day after the date the license | ||
holder receives the notice under Subsection (c), the license holder | ||
may request a hearing by submitting a written request to the | ||
Judicial Branch Certification Commission. If the license holder | ||
fails to timely submit a request, the commission's disciplinary | ||
action becomes final and is not subject to review by the Judicial | ||
Branch Certification Commission. | ||
(e) If the license holder requests a hearing, the Judicial | ||
Branch Certification Commission shall conduct a hearing to | ||
determine whether there is substantial evidence to support the | ||
determination under Subsection (a) that the license holder | ||
committed professional misconduct or violated this article or a | ||
commission rule or order under this article. If the Judicial Branch | ||
Certification Commission upholds the determination, the Judicial | ||
Branch Certification Commission shall determine the type of | ||
disciplinary action to be taken. The Judicial Branch Certification | ||
Commission shall conduct the hearing in accordance with the | ||
procedures provided by Subchapter B, Chapter 153, Government Code, | ||
as applicable, and the rules of the Judicial Branch Certification | ||
Commission. [ |
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SECTION 2. The change in law made by this Act applies only | ||
to a disciplinary action taken on or after the effective date of | ||
this Act. A disciplinary action taken before the effective date of | ||
this Act is governed by the law in effect on the date the action was | ||
taken, and the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 284 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 284 passed the House on | ||
May 22, 2019, by the following vote: Yeas 139, Nays 5, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |