HBA-CMT H.B. 2188 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2188
By: Yarbrough
Licensing & Administrative Procedures
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, when a complaint is filed against a license holder, that
complaint remains part of the license holder's permanent record.  In some
cases, complaints are discovered after investigation to be unfounded and
without merit.  House Bill 2188 requires a state agency to expunge
complaints from the agency's records if after investigation it is
determined that the license holder did not violate any law or rule adopted
by the agency. 

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 2188 amends the Occupations Code to require a state agency to
expunge a complaint against a license holder from the records of the agency
if, after an investigation of the complaint against the license holder, the
agency determines that the license holder did not violate the law
administered by the agency or a rule adopted by the agency.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September1, 2001.