By Allen                                         H.B. No. 491

      75R2280 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain criminal background checks regarding applicants

 1-3     for and holders of chemical dependency counselor licenses.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

 1-6     amended by adding Sections 411.1301 and 411.1302 to read as

 1-7     follows:

 1-8           Sec. 411.1301.  ACCESS TO CRIMINAL HISTORY RECORD

 1-9     INFORMATION:  TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE.  (a)  The

1-10     Texas Commission on Alcohol and Drug Abuse is entitled to obtain

1-11     from the department criminal history record information maintained

1-12     by the department that relates to a person who is:

1-13                 (1)  an applicant for a chemical dependency counselor's

1-14     license under Chapter 635, Acts of the 72nd Legislature, Regular

1-15     Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes); or

1-16                 (2)  the holder of a license under that Act.

1-17           (b)  In addition to information obtained from the Federal

1-18     Bureau of Investigation under Section 411.087, the Texas Commission

1-19     on Alcohol and Drug Abuse is entitled to obtain information

1-20     relating to the wanted persons status of a license applicant or

1-21     license holder.

1-22           Sec. 411.1302.  ACCESS TO CRIMINAL HISTORY RECORD

1-23     INFORMATION:  PERSONS WHO EMPLOY CHEMICAL DEPENDENCY COUNSELORS.

1-24     (a)  The governing body of a business entity that employs licensed

 2-1     chemical dependency counselors is entitled to obtain from the

 2-2     department criminal history record information maintained by the

 2-3     department that relates to a person who is:

 2-4                 (1)  an applicant for a position of employment as a

 2-5     chemical dependency counselor licensed under Chapter 635, Acts of

 2-6     the 72nd Legislature, Regular Session, 1991 (Article 4512o,

 2-7     Vernon's Texas Civil Statutes); or

 2-8                 (2)  an employee who holds a license issued under that

 2-9     Act.

2-10           (b)  In addition to information obtained from the Federal

2-11     Bureau of Investigation under Section 411.087, the governing body

2-12     of the business entity is entitled to obtain information relating

2-13     to the wanted persons status of an individual described by

2-14     Subsection (a)(1) or (2).

2-15           SECTION 2.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended,

2-20     and that this Act take effect and be in force from and after its

2-21     passage, and it is so enacted.