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.