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


Senate Research CenterC.S.S.B. 476
By: Madla
Health & Human Services
2-17-97
Committee Report (Substituted)


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 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.   In
addition, S.B. 476 allows the commission to perform state and national
criminal background searches on chief executive officers, principal
subordinates, and members of the board of directors of licensed or funded
treatment programs in order to guarantee that the individuals
administering commission funds are reputable persons.  The commission may
also charge a reasonable fee to cover the costs of the search.   

PURPOSE

As proposed, C.S.S.B. 476 establishes certain criminal background
information obtained by the Texas Commission on Alcohol and Drug Abuse.   

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 Section
411.132, as follows: 

Sec. 411.132.  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; the holder
of a license; or the chief executive officer, a principal subordinate, or
a member of the board of directors of a business entity licensed or funded
by the commission to provide substance abuse treatment.  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 an individual listed
in Subsection (a). 

SECTION 2.  Amends Article 4512o, V.T.C.S., by adding Section 17A, as
follows: 

Sec. 17A.  CRIMINAL HISTORY RECORD INFORMATION.  Authorizes the commission
to obtain criminal history record information as provided by Section
411.132, Government Code, for consideration in determining an individual's
licensure status.  Sets forth the terms by which the commission is
authorized to charge a reasonable fee to cover the costs of the search;
and establishes the use of revenue from those fees. 


 SECTION 3. Emergency clause.
  Effective date:  upon passage.


SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, by adding Section 411.132, Government Code, to  include
chief executive officers, principal subordinates, and members of the board
of directors of licensed or funded treatment programs as persons on whom
criminal background searches can be conducted.  Deletes proposed Sections
411.1301 and 411.1302, Government Code. 

Amends SECTION 2, by adding Section 17A, Article 4512o, V.T.C.S., to
authorize the commission to obtain and consider criminal history record
information in determining an individual's licensure status.  Authorizes
the commission to charge persons on whom searches are conducted a
reasonable fee; and stipulates the use of revenue from those fees.