BILL ANALYSIS


                                                        H.B. 1726
                                                By: Allen (Madla)
                                        Health and Human Services
                                                          5-24-95
                              Senate Committee Report (Unamended)
BACKGROUND

Under current law, the Texas Commission on Alcohol and Drug Abuse
is not authorized to gain access to the criminal history record of
an applicant for or the holder of a chemical dependency counselor's
license.  As a result, there are convicted felons who are chemical
dependency counselors.

PURPOSE

As proposed, H.B. 1726 entitles the Texas Commission on Alcohol and
Drug Abuse to have access to the criminal history records of
applicants for and holders of a chemical dependency counselor's
license.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 411F, Government Code, by adding Section
411.130, as follows:

     Sec. 411.130.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
     TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE.  (a) Entitles the
     Texas Commission on Alcohol and Drug Abuse (commission) to
     obtain from the Department of Public Safety criminal history
     record information maintained by the department that relates
     to an applicant for a chemical dependency counselor's license
     under Article 4512o, V.T.C.S.; the holder of a license under
     that Act; or the chief executive officer, principal
     subordinate, or a member of the board of directors of a
     business entity licensed or funded by the commission to
     provide treatment for substance abuse.
     
     (b) Entitles the commission to obtain information relating
       to the wanted persons status of an individual listed in
       Subsection (a).
       
       SECTION 2.   Amends Article 4512o, V.T.C.S., by adding Section 17A,
as follows:

     Sec. 17A.  CRIMINAL HISTORY RECORD INFORMATION.  (a)
     Authorizes the commission to obtain criminal history record
     information as provided by Section 411.130, Government Code,
     and consider that information in determining an individual's
     licensure status under this Act.
     
     (b) Authorizes the commission to charge a person on whom
       criminal history record information is sought a fee in an
       amount set by the commission as reasonably necessary to
       cover the costs of implementing this section.  Provides that
       revenue from these fees may only be appropriated to the
       commission for the purpose of carrying out this section, and
       is not credited to the licensed chemical dependency
       counselors fund.
       
       SECTION 3.   Emergency clause.
           Effective date: upon passage.