1-1 By: Harris S.B. No. 621 1-2 (In the Senate - Filed February 16, 1995; February 20, 1995, 1-3 read first time and referred to Committee on State Affairs; 1-4 April 7, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 9, Nays 0; April 7, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 621 By: Nelson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the requirement that certain licensing agencies share 1-11 certain background information with regard to license applicants 1-12 and license holders. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Title 132A, Revised Statutes, is amended by 1-15 adding Article 9105 to read as follows: 1-16 Art. 9105. LICENSING CLEARINGHOUSE 1-17 Sec. 1. DEFINITIONS. In this article: 1-18 (1) "Commissioner" means the commissioner of licensing 1-19 and regulation. 1-20 (2) "Department" means the Texas Department of 1-21 Licensing and Regulation. 1-22 (3) "License" means a license, certificate, 1-23 registration, permit, or other authorization, required by law or 1-24 state agency rule, that a person must obtain to practice or engage 1-25 in a particular business or occupation. 1-26 (4) "Licensing agency" means a department, commission, 1-27 board, office, or other agency of the state, created by the 1-28 constitution or a statute of this state, that issues an 1-29 occupational license to or otherwise regulates a person who 1-30 practices or engages in a particular business or occupation, 1-31 including an occupation related to the provision of health care. 1-32 Sec. 2. LICENSE HOLDER BACKGROUND CLEARINGHOUSE. (a) The 1-33 Texas Department of Licensing and Regulation shall operate and 1-34 maintain a clearinghouse for the gathering and dissemination of 1-35 information about license holders and applicants for a license in 1-36 this state. 1-37 (b) The clearinghouse created under this section shall be 1-38 established by the commissioner in the manner determined by the 1-39 commissioner to be the most practical and convenient means of 1-40 accomplishing the department's duties under this article. 1-41 (c) The commissioner shall adopt rules for the establishment 1-42 and operation of the clearinghouse, including rules that identify 1-43 the agencies that are required to provide information to and are 1-44 eligible to receive information from the clearinghouse. The 1-45 commissioner shall designate not more than 10 licensing agencies to 1-46 participate in the clearinghouse under this article. 1-47 (d) The costs of creating and operating the clearinghouse 1-48 under this article shall be shared among the licensing agencies 1-49 that receive information from the clearinghouse. Each 1-50 participating licensing agency designated by the commissioner shall 1-51 enter into an interagency contract with the department regarding 1-52 the payment of those costs. 1-53 Sec. 3. INFORMATION REQUIRED IN CLEARINGHOUSE. (a) A 1-54 licensing agency designated by the commissioner shall send to the 1-55 clearinghouse the information described by Subsection (b) 1-56 concerning persons who hold and apply for a license issued by the 1-57 licensing agency. 1-58 (b) The information to be sent shall include: 1-59 (1) the name of an applicant who is refused a license 1-60 by the licensing agency and the reason for the refusal; 1-61 (2) the name of a license holder whose license is 1-62 revoked or suspended by a licensing agency and the reason for the 1-63 revocation or suspension; 1-64 (3) the name of a license holder who is subject to 1-65 disciplinary action by a licensing agency and the reason for the 1-66 action; and 1-67 (4) any other information necessary for the purposes 1-68 of this article required by rules adopted by the commissioner. 2-1 Sec. 4. REPORT TO LEGISLATURE. (a) On or before January 1, 2-2 1997, the commissioner shall report to the legislature on the 2-3 operation of the clearinghouse under this article. 2-4 (b) The report required under this section must include: 2-5 (1) statistics regarding the costs of operating the 2-6 clearinghouse and the types and amount of information contained in 2-7 the clearinghouse; 2-8 (2) an evaluation of the operation of the 2-9 clearinghouse from the department and each licensing agency that 2-10 participates in the clearinghouse; and 2-11 (3) recommendations regarding the continuation of the 2-12 clearinghouse, including the merits of expanding the number of 2-13 licensing agencies that participate in the clearinghouse. 2-14 (c) This section expires December 31, 1997. 2-15 SECTION 2. This Act takes effect September 1, 1995. 2-16 SECTION 3. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended. 2-21 * * * * *