85R19414 JCG-F     By: Phillips, Fallon H.B. No. 2991       A BILL TO BE ENTITLED   AN ACT   relating to the confidentiality of files related to complaints to   and investigations by the Texas Commission on Law Enforcement.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1701.202(b), Occupations Code, is   amended to read as follows:          (b)  On request, a license holder may obtain information   regarding a complaint made against the license holder under this   chapter, including a complete copy of the complaint file, but not   including information that is an attorney-client communication, an   attorney work product, or other information protected by a   privilege recognized by the Texas Rules of Civil Procedure or the   Texas Rules of Evidence. On receipt of a request under this   subsection, the commission shall provide the requested information   in a timely manner to allow the license holder time to respond to   the complaint.          SECTION 2.  Subchapter E, Chapter 1701, Occupations Code, is   amended by adding Section 1701.2031 to read as follows:          Sec. 1701.2031.  CONFIDENTIALITY OF INVESTIGATION MATERIAL.   (a) Information or material, including an investigation file, is   confidential and not subject to disclosure under Chapter 552,   Government Code, if the information or material is prepared or   compiled by the commission in connection with a complaint or an   investigation of any person subject to the jurisdiction of the   commission.          (b)  Notwithstanding Subsection (a), information or material   prepared or compiled by the commission in connection with a   complaint or an investigation may be disclosed to:                (1)  the respondent of the complaint;                (2)  a person providing a service to the commission, an   expert or other witness, or an investigator, if the information is   necessary for preparation for, or a presentation in, a disciplinary   proceeding against a license holder, or a subsequent trial or   appeal taken from a disciplinary proceeding;                (3)  a law enforcement agency;                (4)  the State Office of Administrative Hearings;                (5)  the office of the state auditor; or                (6)  the commission, or a panel of the commission, for   use during any proceeding conducted by the State Office of   Administrative Hearings or in a subsequent trial or appeal of a   commission action or order.          (c)  The release of information under Subsection (b) does not   constitute a release or disclosure for purposes of Section 552.007,   Government Code.          (d)  The filing of formal charges by the commission against a   license holder, the nature of those charges, disciplinary   proceedings of the commission, and final disciplinary actions by   the commission, including warnings and reprimands, are not   confidential and are subject to disclosure in accordance with   Chapter 552, Government Code.          (e)  After the investigation of a complaint in which the   commission imposes a disciplinary action against a license holder   under Section 1701.501, the information and materials prepared or   compiled by the commission regarding the complaint and   investigation of the license holder are not confidential and are   subject to disclosure in accordance with Chapter 552, Government   Code, not including any information that reveals or could reveal   the identity of a complainant or witness involved in the complaint,   investigation, or action.          SECTION 3.  Section 1701.202, Occupations Code, as amended   by this Act, and Section 1701.2031, Occupations Code, as added by   this Act, apply only to a complaint filed or an investigation   commenced on or after the effective date of this Act. A complaint   filed or an investigation commenced before that date is governed by   the law in effect on the date the complaint was filed or the   investigation was commenced, and the former law is continued in   effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.