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.