By Allen                                              H.B. No. 1726
       74R6882 PB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain criminal background checks regarding applicants
    1-3  for and holders of chemical dependency counselor licenses.
    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 Sections 411.130 and 411.131 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); or
   1-15              (2)  the holder of a license under that Act.
   1-16        (b)  In addition to information obtained from the Federal
   1-17  Bureau of Investigation under Section 411.087, the Texas Commission
   1-18  on Alcohol and Drug Abuse is entitled to obtain information
   1-19  relating to the wanted persons status of a license applicant or
   1-20  license holder.
   1-21        Sec. 411.131.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
   1-22  PERSONS WHO EMPLOY CHEMICAL DEPENDENCY COUNSELORS.  (a)  The
   1-23  governing body of a business entity that employs licensed chemical
   1-24  dependency counselors is entitled to obtain from the department
    2-1  criminal history record information maintained by the department
    2-2  that relates to a person who is:
    2-3              (1)  an applicant for a position of employment as a
    2-4  chemical dependency counselor licensed under Chapter 635, Acts of
    2-5  the 72nd Legislature, Regular Session, 1991 (Article 4512o,
    2-6  Vernon's Texas Civil Statutes); or
    2-7              (2)  an employee who holds a license issued under that
    2-8  Act.
    2-9        (b)  In addition to information obtained from the Federal
   2-10  Bureau of Investigation under Section 411.087, the governing body
   2-11  of the business entity is entitled to obtain information relating
   2-12  to the wanted persons status of an individual described by
   2-13  Subsection (a)(1) or (2).
   2-14        SECTION 2.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended,
   2-19  and that this Act take effect and be in force from and after its
   2-20  passage, and it is so enacted.