By Allen H.B. No. 350
74R2191 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disqualification of certain offenders from
1-3 eligibility for licensing as a chemical dependency counselor.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16, Chapter 635, Acts of the 72nd
1-6 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 16. License refusal; disciplinary actions. (a) The
1-9 commission may refuse to issue or renew a license, place on
1-10 probation a license holder whose license has been suspended,
1-11 reprimand a license holder, or revoke or suspend a license issued
1-12 under this Act for:
1-13 (1) violating or assisting another to violate this Act
1-14 or a rule of the commission adopted under this Act;
1-15 (2) circumventing or attempting to circumvent this Act
1-16 or a rule of the commission adopted under this Act;
1-17 (3) participating, directly or indirectly, in a plan
1-18 the purpose of which is the evasion of this Act or a rule of the
1-19 commission adopted under this Act;
1-20 (4) engaging in false, misleading, or deceptive
1-21 conduct as defined by Section 17.46, Business & Commerce Code;
1-22 (5) engaging in conduct that discredits or tends to
1-23 discredit the profession of chemical dependency counseling;
1-24 (6) revealing or causing to be revealed, directly or
2-1 indirectly, a confidential communication made to the licensed
2-2 chemical dependency counselor by a client or recipient of services,
2-3 except as required by law;
2-4 (7) having a license to practice chemical dependency
2-5 counseling in another jurisdiction refused, suspended, or revoked
2-6 for a reason that the commission finds would constitute a violation
2-7 of this Act or a commission rule established under this Act;
2-8 (8) refusing to perform an act or service for which
2-9 the person is licensed to perform under this Act on the basis of
2-10 the client's or recipient's age, sex, race, religion, national
2-11 origin, color, or political affiliation; or
2-12 (9) committing an act <in violation of Section 21.14,
2-13 Penal Code, or> for which liability exists under Chapter 81, Civil
2-14 Practice and Remedies Code.
2-15 (b) The commission may not issue a license or renew a
2-16 license issued to a person who has been convicted of an offense or
2-17 adjudicated for delinquent conduct that included conduct that
2-18 violated:
2-19 (1) Chapter 21, Penal Code;
2-20 (2) Chapter 22, Penal Code;
2-21 (3) Section 25.02, Penal Code;
2-22 (4) Section 42.07, Penal Code; or
2-23 (5) Chapter 43, Penal Code.
2-24 (c) The commission shall revoke a license issued under this
2-25 Act to a person convicted of an offense listed under Subsection (b)
2-26 of this section.
2-27 SECTION 2. (a) This Act takes effect September 1, 1995.
3-1 (b) Section 16, Chapter 635, Acts of the 72nd Legislature,
3-2 Regular Session, 1991 (Article 4512o, Vernon's Texas Civil
3-3 Statutes), as amended by this Act, applies to a person whose
3-4 application for a license is pending on or after the effective date
3-5 of this Act or who holds a license on or after the effective date
3-6 of this Act.
3-7 SECTION 3. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.