By:  Madla                                    S.B. No. 476

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain criminal background information obtained by the

 1-2     Texas Commission on Alcohol and Drug Abuse.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

 1-5     amended by adding Section 411.132 to read as follows:

 1-6           Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD

 1-7     INFORMATION:  TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE.  (a)  The

 1-8     Texas Commission on Alcohol and Drug Abuse is entitled to obtain

 1-9     from the department criminal history record information maintained

1-10     by the department that relates to a person who is:

1-11                 (1)  an applicant for a chemical dependency counselor's

1-12     license under Chapter 635, Acts of the 72nd Legislature, Regular

1-13     Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes); or

1-14                 (2)  the holder of a license under that Act.

1-15           (b)  In addition to information obtained from the Federal

1-16     Bureau of Investigation under Section 411.087, the Texas Commission

1-17     on Alcohol and Drug Abuse is entitled to obtain information

1-18     relating to the wanted persons status of an individual listed in

1-19     Subsection (a).

1-20           (c)  Criminal history record information obtained by the

1-21     Texas Commission on Alcohol and Drug Abuse under Subsection (a) may

1-22     not be released or disclosed to any person except on court order,

1-23     with the consent of the person who is the subject of the criminal

 2-1     history record information, or as provided by Subsection (d).

 2-2           (d)  The Texas Commission on Alcohol and Drug Abuse may

 2-3     provide the applicant or licensee with a copy of the person's

 2-4     criminal history record information obtained from the Department of

 2-5     Public Safety, Federal Bureau of Investigation identification

 2-6     division, or another law enforcement agency.

 2-7           SECTION 2.  Chapter 635, Acts of the 72nd Legislature,

 2-8     Regular Session, 1991 (Article 4512o, Vernon's Texas Civil

 2-9     Statutes), is amended by adding Section 17A to read as follows:

2-10           Sec. 17A.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  The

2-11     commission may obtain criminal history record information as

2-12     provided by Section 411.132, Government Code, and consider that

2-13     information in determining an individual's licensure status under

2-14     this Act.

2-15           (b)  The commission may charge a person on whom criminal

2-16     history record information is sought a fee in an amount set by the

2-17     commission as reasonably necessary to cover the costs of

2-18     implementing this section.  Revenue from these fees:

2-19                 (1)  may only be appropriated to the commission for the

2-20     purpose of carrying out this section; and

2-21                 (2)  notwithstanding Section 19 of this Act, is not

2-22     credited to the licensed chemical dependency counselors fund.

2-23           SECTION 3.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended,

 3-3     and that this Act take effect and be in force from and after its

 3-4     passage, and it is so enacted.