BILL ANALYSIS C.S.S.B. 621 By: Harris State Affairs 4-10-95 Committee Report (Substituted) BACKGROUND Under current law, a person's application for a state license may be denied by one licensing agency but approved by another agency. PURPOSE As proposed, C.S.S.B. 621 requires licensing agencies to share certain background information regarding license applicants and license holders. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Commissioner of Licensing and Regulation under SECTION 1 (Sec. 2(c), Art. 9105, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 132A, V.T.C.S., by adding Article 9105, as follows: Art. 9105. LICENSING CLEARINGHOUSE Sec. 1. DEFINITIONS. Defines "commissioner," "department," "license," and "licensing agency." Sec. 2. LICENSE HOLDER BACKGROUND CLEARINGHOUSE. (a) Requires the Texas Department of Licensing and Regulation (department) to operate and maintain a clearinghouse for the gathering and dissemination of information about license holders and applicants for a license in this state. (b) Requires the clearinghouse created under this section to be established by the commissioner of licensing and regulation (commissioner) in the manner determined by the commissioner to be the most practical and convenient means of accomplishing the department's duties under this article. (c) Requires the commissioner to adopt rules for the establishment and operation of the clearinghouse, including rules that identify the agencies that are required to provide information to and are eligible to receive information from the clearinghouse. Requires the commissioner to designate no more than 10 licensing agencies to participate in the clearinghouse. (d) Requires the costs of creating and operating the clearinghouse to be shared among the licensing agencies that receive information from the clearinghouse. Requires each participating agency designated by the commissioner to enter into an interagency contract with the commission regarding the payment of those costs. Sec. 3. INFORMATION REQUIRED IN CLEARINGHOUSE. (a) Requires a licensing agency designated by the commissioner to send to the clearinghouse certain information concerning persons who hold and apply for a license issued by the licensing agency. (b) Requires the information to be sent to include the name of an applicant who is refused a license and reason for the refusal, the name of the license holder whose license is revoked or suspended and the reason for revocation or suspension, the name of a license holder who is subject to disciplinary action, and any other information necessary for the purposes of this article required by rules adopted by the commissioner. Sec. 4. REPORT TO LEGISLATURE. (a) Requires the commissioner to report to the legislature on the operation of the clearinghouse on or before January 1, 1997. (b) Requires the report to include certain statistics, an evaluation, and recommendations relating to the clearinghouse. (c) Provides that this section expires December 31, 1997. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.