74R9858 SRC-F By Allen H.B. No. 1726 Substitute the following for H.B. No. 1726: By Allen C.S.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.