By:  Harris                                            S.B. No. 621
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the requirement that certain licensing agencies share
    1-2  certain background information with regard to license applicants
    1-3  and license holders.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 132A, Revised Statutes, is amended by
    1-6  adding Article 9105 to read as follows:
    1-7        Art. 9105.  LICENSING CLEARINGHOUSE
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Commissioner" means the commissioner of licensing
   1-10  and regulation.
   1-11              (2)  "Department" means the Texas Department of
   1-12  Licensing and Regulation.
   1-13              (3)  "License" means a license, certificate,
   1-14  registration, permit, or other authorization, required by law or
   1-15  state agency rule, that a person must obtain to practice or engage
   1-16  in a particular business or occupation.
   1-17              (4)  "Licensing agency" means a department, commission,
   1-18  board, office, or other agency of the state, created by the
   1-19  constitution or a statute of this state, that issues an
   1-20  occupational license to or otherwise regulates a person who
   1-21  practices or engages in a particular business or occupation,
   1-22  including an occupation related to the provision of health care.
   1-23        Sec. 2.  LICENSE HOLDER BACKGROUND CLEARINGHOUSE.  (a)  The
   1-24  Texas Department of Licensing and Regulation shall operate and
    2-1  maintain a clearinghouse for the gathering and dissemination of
    2-2  information about license holders and applicants for a license in
    2-3  this state.
    2-4        (b)  The clearinghouse created under this section shall be
    2-5  established by the commissioner in the manner determined by the
    2-6  commissioner to be the most practical and convenient means of
    2-7  accomplishing the department's duties under this article.
    2-8        (c)  The commissioner shall adopt rules for the establishment
    2-9  and operation of the clearinghouse, including rules that identify
   2-10  the agencies that are required to provide information to and are
   2-11  eligible to receive information from the clearinghouse.  The
   2-12  commissioner shall designate not more than 10 licensing agencies to
   2-13  participate in the clearinghouse under this article.
   2-14        (d)  The costs of creating and operating the clearinghouse
   2-15  under this article shall be shared among the licensing agencies
   2-16  that receive information from the clearinghouse.  Each
   2-17  participating licensing agency designated by the commissioner shall
   2-18  enter into an interagency contract with the department regarding
   2-19  the payment of those costs.
   2-20        Sec. 3.  INFORMATION REQUIRED IN CLEARINGHOUSE.  (a)  A
   2-21  licensing agency designated by the commissioner shall send to the
   2-22  clearinghouse the information described by Subsection (b)
   2-23  concerning persons who hold and apply for a license issued by the
   2-24  licensing agency.
   2-25        (b)  The information to be sent shall include:
   2-26              (1)  the name of an applicant who is refused a license
   2-27  by the licensing agency and the reason for the refusal;
    3-1              (2)  the name of a license holder whose license is
    3-2  revoked or suspended by a licensing agency and the reason for the
    3-3  revocation or suspension;
    3-4              (3)  the name of a license holder who is subject to
    3-5  disciplinary action by a licensing agency and the reason for the
    3-6  action; and
    3-7              (4)  any other information necessary for the purposes
    3-8  of this article required by rules adopted by the commissioner.
    3-9        Sec. 4.  REPORT TO LEGISLATURE.  (a)  On or before January 1,
   3-10  1997, the commissioner shall report to the legislature on the
   3-11  operation of the clearinghouse under this article.
   3-12        (b)  The report required under this section must include:
   3-13              (1)  statistics regarding the costs of operating the
   3-14  clearinghouse and the types and amount of information contained in
   3-15  the clearinghouse;
   3-16              (2)  an evaluation of the operation of the
   3-17  clearinghouse from the department and each licensing agency that
   3-18  participates in the clearinghouse; and
   3-19              (3)  recommendations regarding the continuation of the
   3-20  clearinghouse, including the merits of expanding the number of
   3-21  licensing agencies that participate in the clearinghouse.
   3-22        (c)  This section expires December 31, 1997.
   3-23        SECTION 2.  This Act takes effect September 1, 1995.
   3-24        SECTION 3.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
   3-26  emergency and an imperative public necessity that the
   3-27  constitutional rule requiring bills to be read on three several
    4-1  days in each house be suspended, and this rule is hereby suspended.