Bill Text: TX HB3442 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to complaints filed with the State Board of Veterinary Medical Examiners.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2021-06-08 - Effective on 9/1/21 [HB3442 Detail]

Download: Texas-2021-HB3442-Engrossed.html

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87R18374 JCG-F
By: Anderson, Guillen, Stucky, Buckley, H.B. No. 3442
Rogers, et al.

A BILL TO BE ENTITLED
AN ACT
relating to complaints filed with the State Board of Veterinary
Medical Examiners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.207, Occupations Code, is amended by
amending Subsections (b) and (c) and adding Subsections (b-1),
(b-2), and (b-3) to read as follows:
(b) Except as provided by Subsections (b-1) and (b-2), each
[Each] complaint, investigation file and record, and other
investigation report and all other investigative information in the
possession of or received or gathered by the board or the board's
employees or agents relating to a license holder, an application
for license, or a criminal investigation or proceeding is
privileged and confidential and is not subject to discovery,
subpoena, or other means of legal compulsion for release to anyone
other than the board or the board's employees or agents involved in
discipline of a license holder.
(b-1) The board shall provide a copy of each complaint to
the license holder who is the subject of the complaint not later
than the 14th day before the date any response is due, unless
providing a copy of the complaint would jeopardize an
investigation. The board may not require the license holder to
request a copy of the complaint.
(b-2) The board shall provide to the complainant a copy of
any response to the complaint the license holder provides not later
than the 14th day after the date the board receives the response,
unless providing the copy would jeopardize an investigation or the
act alleged in the complaint is not under the board's jurisdiction.
If the board provides a copy of a response to a complainant, the
board shall include with the copy notice of the complainant's
opportunity to rebut the license holder's response.
(b-3) The board is not required to provide a copy of the
complaint under Subsection (b-1) or a license holder's response
under Subsection (b-2) for a complaint initiated by the board.
(c) Except as provided by Subsection (b-1), the [The] board
shall protect the identity of a complainant to the extent possible.
SECTION 2. Section 801.207, Occupations Code, as amended by
this Act, applies only to a complaint filed with the State Board of
Veterinary Medical Examiners on or after the effective date of this
Act. A complaint filed with the board before the effective date of
this Act is governed by the law in effect on the date the complaint
was filed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2021.