74R9858 SRC-F
          By Allen                                              H.B. No. 1726
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain criminal background information obtained by the
    1-3  Texas Commission on Alcohol and Drug Abuse.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter F, Chapter 411, Government Code, is
    1-6  amended by adding Section 411.130 to read as follows:
    1-7        Sec. 411.130.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
    1-8  TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE.  (a)  The Texas
    1-9  Commission on Alcohol and Drug Abuse is entitled to obtain from the
   1-10  department criminal history record information maintained by the
   1-11  department that relates to a person who is:
   1-12              (1)  an applicant for a chemical dependency counselor's
   1-13  license under Chapter 635, Acts of the 72nd Legislature, Regular
   1-14  Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
   1-15              (2)  the holder of a license under that Act; or
   1-16              (3)  the chief executive officer, a principal
   1-17  subordinate of the chief executive officer, or a member of the
   1-18  board of directors of a business entity licensed or funded by the
   1-19  commission to provide treatment for substance abuse.
   1-20        (b)  In addition to information obtained from the Federal
   1-21  Bureau of Investigation under Section 411.087, the Texas Commission
   1-22  on Alcohol and Drug Abuse is entitled to obtain information
   1-23  relating to the wanted persons status of an individual listed in
   1-24  Subsection (a).
    2-1        SECTION 2.  Chapter 635, Acts of the 72nd Legislature,
    2-2  Regular Session, 1991 (Article 4512o, Vernon's Texas Civil
    2-3  Statutes), is amended by adding Section 17A to read as follows:
    2-4        Sec. 17A.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  The
    2-5  commission may obtain criminal history record information as
    2-6  provided by Section 411.130, Government Code, and consider that
    2-7  information in determining an individual's licensure status under
    2-8  this Act.
    2-9        (b)  The commission may charge a person on whom criminal
   2-10  history record information is sought a fee in an amount set by the
   2-11  commission as reasonably necessary to cover the costs of
   2-12  implementing this section.  Revenue from these fees:
   2-13              (1)  may only be appropriated to the commission for the
   2-14  purpose of carrying out this section; and
   2-15              (2)  notwithstanding Section 19, is not credited to the
   2-16  licensed chemical dependency counselors fund.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.