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AN ACT
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relating to procedures for filing complaints with, and providing |
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notice of certain violations to, the Texas Board of Professional |
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Geoscientists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1002.201, Occupations Code, is amended |
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to read as follows: |
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Sec. 1002.201. PUBLIC INTEREST INFORMATION. (a) The board |
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shall: |
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(1) prepare information of public interest |
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describing: |
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(A) the regulatory functions of the board; and |
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(B) the board's procedures by which complaints |
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are filed with and resolved by the board; and |
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(2) make the information available to the public and |
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appropriate state agencies. |
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(b) The board shall maintain on the board's Internet |
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website: |
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(1) information regarding the procedure for filing a |
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complaint with the board; and |
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(2) a means by which a person may electronically file a |
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complaint with the board. |
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SECTION 2. Section 1002.202, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d-1) to read as |
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follows: |
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(b) A complaint from a member of the public must be: |
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(1) in writing; |
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(2) sworn to by the person making the complaint; and |
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(3) filed with the secretary-treasurer or |
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electronically through the board's Internet website. |
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(d-1) The board shall accept a complaint regardless of |
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whether the complaint is notarized. |
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SECTION 3. Subchapter E, Chapter 1002, Occupations Code, is |
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amended by adding Sections 1002.206 and 1002.207 to read as |
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follows: |
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Sec. 1002.206. COMPLAINT EDUCATION. (a) In this section, |
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"state agency" has the meaning assigned by Section 57.001. |
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(b) The board shall work with each state agency that uses |
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the services of a person licensed under this chapter and other |
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appropriate state agencies as determined by the board, including a |
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state agency with which the board has entered into a memorandum of |
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understanding that addresses the coordination of activities or |
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complaints, to educate the agency's employees regarding the |
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procedures by which complaints are filed with and resolved by the |
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board. |
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Sec. 1002.207. DUTY OF STATE AGENCY TO REPORT POTENTIAL |
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VIOLATION. (a) In this section, "state agency" has the meaning |
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assigned by Section 57.001. |
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(b) A state agency that becomes aware of a potential |
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violation of this chapter or a rule adopted under this chapter shall |
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forward any information relating to the potential violation and any |
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subsequently obtained information to the board. |
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(c) Information forwarded by a state agency under this |
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section that is privileged or confidential remains privileged or |
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confidential following receipt by the board. The privilege or |
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confidentiality extends to any board communication concerning the |
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information forwarded, regardless of the form, manner, or content |
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of the communication. |
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(d) The forwarding of privileged or confidential |
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information by a state agency does not waive a privilege in or |
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create an exception to the confidentiality of the information. |
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(e) A state agency's provision of information or failure to |
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provide information under this section does not give rise to a cause |
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of action against the agency. |
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SECTION 4. Not later than December 1, 2013, the Texas Board |
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of Professional Geoscientists shall adopt rules necessary to |
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implement Sections 1002.201 and 1002.202, Occupations Code, as |
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amended by this Act, and Sections 1002.206 and 1002.207, |
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Occupations Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 138 passed the Senate on |
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March 13, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 138 passed the House on |
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May 17, 2013, by the following vote: Yeas 134, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |