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.