Bill Text: TX HB4089 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a pilot project for complaints filed with certain state boards or agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-24 - Referred to State Affairs [HB4089 Detail]
Download: Texas-2015-HB4089-Introduced.html
By: Fletcher | H.B. No. 4089 |
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relating to a pilot project for complaints filed with certain state | ||
boards or agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 154, Occupations Code, is | ||
amended by adding Section 154.059 to read as follows: | ||
Sec. 154.059. DISMISSAL OF CERTAIN COMPLAINTS. (a) | ||
Notwithstanding any other law, the board shall dismiss, with | ||
prejudice for want of prosecution, a complaint filed with the board | ||
against a license holder if: | ||
(1) the complaint is pending with the board and has not | ||
been referred to the State Office of Administrative Hearings; | ||
(2) the license holder files a motion to dismiss the | ||
complaint with the board; and | ||
(3) the complaint was filed with the board more than 12 | ||
months before the date the motion to dismiss the complaint was | ||
filed. | ||
(b) Not later than December 31, 2016, the board shall submit | ||
a report to the governor, lieutenant governor, and speaker of the | ||
house of representatives that contains: | ||
(1) the number and types of complaints dismissed under | ||
this section; and | ||
(2) the amount of time each complaint was pending with | ||
the board before the complaint was dismissed. | ||
(c) This subsection and Subsection (a) expire August 31, | ||
2016. | ||
(d) This subsection and Subsection (b) expire January 1, | ||
2017. | ||
SECTION 2. Subchapter F, Chapter 1001, Occupations Code, is | ||
amended by adding Section 1001.256 to read as follows: | ||
Sec. 1001.256. DISMISSAL OF CERTAIN COMPLAINTS. (a) | ||
Notwithstanding any other law, the board shall dismiss, with | ||
prejudice for want of prosecution, a complaint filed with the board | ||
against a license holder if: | ||
(1) the complaint is pending with the board and has not | ||
been referred to the State Office of Administrative Hearings; | ||
(2) the license holder files a motion to dismiss the | ||
complaint with the board; and | ||
(3) the complaint was filed with the board more than 12 | ||
months before the date the motion to dismiss the complaint was | ||
filed. | ||
(b) Not later than December 31, 2016, the board shall submit | ||
a report to the governor, lieutenant governor, and speaker of the | ||
house of representatives that contains: | ||
(1) the number and types of complaints dismissed under | ||
this section; and | ||
(2) the amount of time each complaint was pending with | ||
the board before the complaint was dismissed. | ||
(c) This subsection and Subsection (a) expire August 31, | ||
2016. | ||
(d) This subsection and Subsection (b) expire January 1, | ||
2017. | ||
SECTION 3. The changes in law made by this Act apply to a | ||
complaint filed with a state agency that is pending on the effective | ||
date of this Act. | ||
SECTION 4. 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, 2015. |