BILL ANALYSIS



C.S.H.B. 1726
By: Allen
04-24-95
Committee Report (Substituted)


BACKGROUND

Texas Commission on Alcohol and Drug Abuse currently is not allowed
access to the criminal history record of an applicant for a
chemical dependency counselor's license or the holder of a chemical
dependency counselor's license.  Because of this, there are
convicted felons that are chemical dependency counselors.

PURPOSE

H. B. 1726 proposes to amend the Government Code by adding sections
which allow TCADA access to the criminal history records of
applicants and holders of a chemical dependency counselor's
license. It would also allow access to a business which employs
licensed chemical dependency counselors.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. SUB CHAPTER F. Chapter 411, Government Code, is amended
by adding sections
411.130 as follows:
     Section 411.30 (a) TCADA is entitled to the criminal history
record from the department that relates to a person who is: (l) an
applicant for a chemical dependency counselor's license; or (2) the
holder of a license; or (3) the CEO, a principal subordinate of the
CEO, or a member of the board of directors of a business entity
licensed or funded by the commission to provide treatment.
     (b) The commission is also entitled to information concerning
the wanted persons status of an applicant for holder of a license.
     
SECTION 2. Chapter 635, Acts of the 72nd Legislature, Regular
Session, 1991 is amended by adding Section 17A as follows:
     Sec. 17A. (a)  The commission may obtain criminal history
record information and use that information in determining the
individual's licensure status.
     (b) The commission may charge a fee to cover the costs of
implementing this section. The revenue from the fees may only be
appropriated for the purpose of carrying out the section and is
credited to the licensed dependency counselors fund.

SECTION 3.  Emergency Clause

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill created sections 411.130 and 411.131.  The
substitute only creates section 411.130 as a necessary part of
implementing this legislation. Sec. 411.131 in the original allowed
the governing body of a business entity who employed licensed
chemical dependency counselors to obtain criminal history record
information.

The substitute amends Chapter 635, Acts of the 72nd Legislature, by
adding section 17A, which allows TCADA to: (1) obtain criminal
history record information to help determine an individuals
licensure status, and (2) charge a fee for the criminal history
record information.  

SUMMARY OF COMMITTEE ACTION

H.B. 1726 was considered by the committee in a public hearing on
March 28, 1995.  The following person testified on the bill:
J.C. Swain, representing TCADA.
H.B. 1726 was considered by the committee in a public hearing on
April 4, 1995.  
The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.
The following person testified on the bill:
J.C. Swain, representing TCADA.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 2 nays, 2 pnv, and 0 absent.