SRC-CDH S.B. 476 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 476
By: Madla
Health & Human Services
2-17-97
As Filed


DIGEST 

Currently, the Texas Commission on Alcohol and Drug Abuse conducts
statewide background searches on Licensed Chemical Dependency Counselors,
but does not have the authority to conduct national background searches.
As a result,  the commission must rely on the applicant to disclose any
criminal history relating to crimes committed outside of Texas.  This
legislation entitles the commission and the governing body of a business
entity employing licensed chemical dependency counselors to obtain from
the Department of Public Safety both state and national criminal history
record information relating to persons providing counseling services in
order to better protect the public interest and ensure that persons
providing chemical dependency counseling do not have criminal histories in
other states.    

PURPOSE

As proposed, S.B. 476 establishes certain criminal background checks
regarding applicants for and holders of chemical dependency counselor
licenses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 411F, Government Code, by adding Sections
411.1301 and 411.1302, as follows: 

Sec. 411.1301.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS
COMMISSION ON ALCOHOL AND DRUG ABUSE.  Sets forth the terms by which the
Texas Commission on Alcohol and Drug Abuse (commission) is entitled to
obtain criminal history record information maintained by the Department of
Public Safety of the State of Texas (department) relating to a person who
is an applicant for a chemical dependency counselor's license, or the
holder of a license.  Establishes that in addition to information obtained
from the Federal Bureau of Investigation under Section 411.087, the
commission is entitled to obtain information relating to the wanted
persons status of a license applicant or holder. 

Sec. 411.1302.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PERSONS WHO
EMPLOY CHEMICAL DEPENDENCY COUNSELORS.  Sets forth the terms by which the
governing body of a business entity that employs licensed chemical
dependency counselors is entitled to obtain criminal history record
information maintained by the department that relates to a person who is
an applicant for a position of employment as a licensed chemical
dependency counselor, or an employee who holds a license. Establishes that
in addition to information obtained from the Federal Bureau of
Investigation under Section 411.087, the governing body of the business
entity is entitled to obtain information relating to the wanted persons
status of an individual described by Subsection (a)(1) or (2). 

SECTION 2. Emergency clause.
  Effective date:  upon passage.