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        |  | AN ACT | 
      
        |  | 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.  [ Disciplinary proceedings of the commission are  | 
      
        |  | governed by Chapter 2001, Government Code.  A hearing under this  | 
      
        |  | section shall be conducted by an administrative law judge of the  | 
      
        |  | State Office of Administrative Hearings.] | 
      
        |  | 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. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 284 passed the Senate on | 
      
        |  | April 11, 2019, by the following vote:  Yeas 31, Nays 0. | 
      
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        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
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        |  | 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. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |