SB 408 by Senator Carona (R) and HB 1331 by Representative Stephenson (R) are identical bills which were the legislative inititive of the Texas Department of Licensing and Regulation (TDLR).
HB 1331.
These bills pushed by TDLR would deny virtually all Texans and the press the right to get copies of complaints filed with the Texas Department of Licensing and Regulation (TDLR) and any subsequent investigations using the Public Information Act, disclosure, discovery, subpoena, or other means of legal compulsion.
TDLR provided Senator Carona the background information which he used to justify the bill. Public information requests revealed that TDLR did not have a single document to back up any of their claims.
TDLR is an umbrella agency that regulates 29 industry groups and has over 660,000 licensees. Every Texan has dealings with one or more persons or businesses licensed by TDLR.
This bill would let TDLR avoid any realistic oversight, deny citizens and the press the right to transparent government and make TDLR virtually unaccountable to anyone.
SB 408 passed the Senate without a single comment or question. SB 408 was assigned to the House Licensing and Administrative Procedures committee as was the identical house version of the bill HB 1331.
At the public hearing for HB 1331, on April 2nd, the committee was given information that showed that there was not a single document to support the claims used by the authors of HB1331 and identical bill SB 408 to justify those bills.
The Licensing and Administrative Procedures Committee voted SB408 out of committee on May 14th and recommended it for the Local and Consent Calendar even after they knew that the claims used to justify the bill were not valid.
If the Local and Consent Calendar committee puts the bill on the Local and Consent Calendar it will pass the House automatically with no debate and no amendments.
The substance of SB 408 and HB 1331 was the legislative initiative of TDLR, TDLR prepared the background information, used by Senator Carona for the SB 408 bill analysis, TDLR confirmed the accuracy of that background information to Senator Carona's staff. TDLR does not have a single document to verify the claims in the background information.
SB 408 Author: Carona
Committee:
Caption: Relating to the confidentiality of certain complaints to and investigations by the Texas Department of Licensing and Regulation.
SB 408 was voted out of committee and put on the Local Calendar. SB 408 passed through the Senate without a single comment or question.
HB 1331 Author: Stephenson
Committee: Licensing & Administrative Procedures Member Contact Information
Caption: Relating to the confidentiality of certain complaints to and investigations by the Texas Department of Licensing and Regulation.
Link to video of HB 1331 Public Hearing April 2, 2013
Click on the link above, click to play the video archive, then move the time slider at the bottom to 00:47:00
