By Harris                                              S.B. No. 621
       74R2015 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the requirement that licensing agencies share certain
    1-3  background information with regard to license applicants and
    1-4  license holders.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 132A, Revised Statutes, is amended by
    1-7  adding Article 9105 to read as follows:
    1-8        Art. 9105.  LICENSING CLEARINGHOUSE
    1-9        Sec. 1.  DEFINITIONS.  In this article:
   1-10              (1)  "Commissioner" means the commissioner of licensing
   1-11  and regulation.
   1-12              (2)  "Department" means the Texas Department of
   1-13  Licensing and Regulation.
   1-14              (3)  "License" means a license, certificate,
   1-15  registration, permit, or other authorization, required by law or
   1-16  state agency rule, that a person must obtain to practice or engage
   1-17  in a particular business or occupation.
   1-18              (4)  "Licensing agency" means a department, commission,
   1-19  board, office, or other agency of the state, created by the
   1-20  constitution or a statute of this state, that issues an
   1-21  occupational license to or otherwise regulates a person who
   1-22  practices or engages in a particular business or occupation,
   1-23  including an occupation related to the provision of health care.
   1-24        Sec. 2.  LICENSE HOLDER BACKGROUND CLEARINGHOUSE.  (a)  The
    2-1  Texas Department of Licensing and Regulation shall operate and
    2-2  maintain a clearinghouse for the gathering and dissemination of
    2-3  information about license holders and applicants for a license in
    2-4  this state.
    2-5        (b)  The clearinghouse created under this section shall be
    2-6  established by the commissioner of licensing and regulation in the
    2-7  manner determined by the commissioner to be the most practical and
    2-8  convenient means of accomplishing the department's duties under
    2-9  this article.
   2-10        (c)  The commissioner shall adopt rules for the establishment
   2-11  and operation of the clearinghouse, including rules that identify
   2-12  the agencies that are required to provide information to and
   2-13  eligible to receive information from the clearinghouse.
   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 shall enter into an interagency
   2-18  contract with the commission regarding the payment of those costs.
   2-19        Sec. 3.  INFORMATION REQUIRED IN CLEARINGHOUSE.  (a)  A
   2-20  licensing agency, including a licensing agency that elects not to
   2-21  otherwise participate, shall send to the clearinghouse the
   2-22  information described by Subsection (b) concerning persons who hold
   2-23  and apply for a license issued by the licensing agency.
   2-24        (b)  The information to be sent shall include:
   2-25              (1)  the name of an applicant who is refused a license
   2-26  by the licensing agency and the reason for the refusal;
   2-27              (2)  the name of a license holder whose license is
    3-1  revoked or suspended by a licensing agency and the reason for the
    3-2  revocation or suspension;
    3-3              (3)  the name of a license holder who is subject to
    3-4  disciplinary action by a licensing agency and the reason for the
    3-5  action; and
    3-6              (4)  any other information required by rules adopted by
    3-7  the commissioner.
    3-8        SECTION 2.  This Act takes effect September 1, 1995.
    3-9        SECTION 3.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.