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.