1-1  By:  Allen (Senate Sponsor - Madla)                   H.B. No. 1726
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 16, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 23, 1995, reported favorably by the
    1-5  following vote:  Yeas 5, Nays 0; May 23, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to certain criminal background information obtained by the
    1-9  Texas Commission on Alcohol and Drug Abuse.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subchapter F, Chapter 411, Government Code, is
   1-12  amended by adding Section 411.130 to read as follows:
   1-13        Sec. 411.130.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
   1-14  TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE.  (a)  The Texas
   1-15  Commission on Alcohol and Drug Abuse is entitled to obtain from the
   1-16  department criminal history record information maintained by the
   1-17  department that relates to a person who is:
   1-18              (1)  an applicant for a chemical dependency counselor's
   1-19  license under Chapter 635, Acts of the 72nd Legislature, Regular
   1-20  Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
   1-21              (2)  the holder of a license under that Act; or
   1-22              (3)  the chief executive officer, a principal
   1-23  subordinate of the chief executive officer, or a member of the
   1-24  board of directors of a business entity licensed or funded by the
   1-25  commission to provide treatment for substance abuse.
   1-26        (b)  In addition to information obtained from the Federal
   1-27  Bureau of Investigation under Section 411.087, the Texas Commission
   1-28  on Alcohol and Drug Abuse is entitled to obtain information
   1-29  relating to the wanted persons status of an individual listed in
   1-30  Subsection (a).
   1-31        SECTION 2.  Chapter 635, Acts of the 72nd Legislature,
   1-32  Regular Session, 1991 (Article 4512o, Vernon's Texas Civil
   1-33  Statutes), is amended by adding Section 17A to read as follows:
   1-34        Sec. 17A.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  The
   1-35  commission may obtain criminal history record information as
   1-36  provided by Section 411.130, Government Code, and consider that
   1-37  information in determining an individual's licensure status under
   1-38  this Act.
   1-39        (b)  The commission may charge a person on whom criminal
   1-40  history record information is sought a fee in an amount set by the
   1-41  commission as reasonably necessary to cover the costs of
   1-42  implementing this section.  Revenue from these fees:
   1-43              (1)  may only be appropriated to the commission for the
   1-44  purpose of carrying out this section; and
   1-45              (2)  notwithstanding Section 19, is not credited to the
   1-46  licensed chemical dependency counselors fund.
   1-47        SECTION 3.  The importance of this legislation and the
   1-48  crowded condition of the calendars in both houses create an
   1-49  emergency and an imperative public necessity that the
   1-50  constitutional rule requiring bills to be read on three several
   1-51  days in each house be suspended, and this rule is hereby suspended,
   1-52  and that this Act take effect and be in force from and after its
   1-53  passage, and it is so enacted.
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