LSL S.B. 476 75(R)    BILL ANALYSIS


PUBLIC HEALTH
S.B. 476
By: Madla (Allen)
3-12-97
Committee Report (Unamended)


BACKGROUND 

Although, the Texas Commission on Alcohol and Drug Abuse (TCADA) currently
conducts statewide background searches on licensed chemical dependency
counselors, it does not have authority to conduct national background
searches. As a result, TCADA must rely on the applicant to disclose any
criminal history relating to crimes committed outside of Texas.   

To better protect the public interest and ensure that persons providing
chemical dependency counseling do not have criminal histories in other
states, this legislation entitles TCADA to obtain both state and national
criminal history record information relating to persons providing
counseling services from the Department of Public Safety of Texas (DPS).
The charging of  a reasonable fee to cover the costs of the search and
prohibition of disclosure of criminal history record information by the
TCADA are also addressed. 

PURPOSE

S.B. 476 allows TCADA to access certain criminal background information
obtained by the DPS.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter F, Chapter 411, Government Code, by adding
Section 411.132, as follows: 

Subsection (a)  sets forth the terms by which TCADA is entitled to obtain
criminal history record information maintained by DPS relating to a person
who is an applicant for a chemical dependency counselor's license or the
holder of a license.   

Subsection (b)  establishes that in addition to information obtained from
the Federal Bureau of Investigation under Section 411.087, TCADA is
entitled to obtain information relating to the wanted persons status of an
individual listed in Subsection (a).  

Subsection (c)  prohibits criminal history record information obtained
under Subsection (a) from being released or disclosed to any person,
except on court order, with consent of the person who is the subject of
the record information, or as provided by subsection (d). 

Subsection (d)  allows TCADA to provide the applicant or licensee with a
copy of the person's criminal history record information obtained from
specified sources. 

SECTION 2.  Amends Chapter 635, Acts of the 72nd Legislature, Regular
Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes), by adding
Section 17A entitled "CRIMINAL HISTORY RECORD INFORMATION," as follows: 

Subsection (a) allows TCADA to obtain criminal history record information
as provided by  Section 411.132, Government Code, and to consider that
information in determining licensure status of an individual.  

Subsection (b)  allows TCADA to charge the person, on whom the criminal
history record information is sought, a reasonable fee to cover costs.
Establishes that revenue from those fees may only be appropriated to TCADA
for the purpose of carrying out this section; and such revenue is not to
be credited to the licensed chemical dependency counselors fund. 

SECTION 3. Emergency clause. Establishes the effective date to be upon
passage.