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 * * * * *