HBA-TBM H.B. 2948 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2948 By: Davis, John Human Services 3/15/2001 Introduced BACKGROUND AND PURPOSE Under current law, if formal charges are filed against a holder of a social worker license the findings of the Texas State Board of Social Worker Examiners (board) are not available to the public. House Bill 2948 authorizes the issuance of a subpoena for investigations of complaints and makes formal charges filed by the board subject to disclosure under public information laws. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2948 amends the Occupations Code to provide that in an investigation of a complaint regarding a social worker filed with the Texas Department of Health and referred to the Texas State Board of Social Worker Examiners (board) the board is authorized with the approval of the commissioner of public health (commissioner) or the commissioner's designee to issue a subpoena to compel the attendance of a relevant witness or the production of relevant evidence that is in this state. The bill sets forth provisions regarding service of a subpoena and enforcement if the recipient fails to comply. The bill sets forth provisions regarding the delegation of authority, the payment of fees for copying of relevant evidence, and the reimbursement by the board of the expenses of a witness whose attendance is compelled. The bill provides that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under public information laws, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license or order of recognition, with certain exceptions set forth in the bill. The bill provides that the filing of formal charges against a holder of a social worker license or order of recognition, the nature of those charges, disciplinary proceedings of the board, the findings of the board, and final disciplinary actions by the board are not confidential and are subject to disclosure in accordance with public information laws. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.