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: (Passed) 2019-05-29 - Effective immediately [HB2452 Detail]
Download: Texas-2019-HB2452-Enrolled.html
| H.B. No. 2452 | ||
|
|
||
| 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 | ||
