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.