1-1           By:  Madla                                       S.B. No. 476

 1-2           (In the Senate - Filed February 6, 1997; February 11, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; February 24, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 10, Nays 0;

 1-6     February 24, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 476                    By:  Madla

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to certain criminal background information obtained by the

1-11     Texas Commission on Alcohol and Drug Abuse.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

1-14     amended by adding Section 411.132 to read as follows:

1-15           Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD

1-16     INFORMATION:  TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE.  (a)  The

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

1-18     from the department criminal history record information maintained

1-19     by the department that relates to a person who is:

1-20                 (1)  an applicant for a chemical dependency counselor's

1-21     license under Chapter 635, Acts of the 72nd Legislature, Regular

1-22     Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes); or

1-23                 (2)  the holder of a license under that Act.

1-24           (b)  In addition to information obtained from the Federal

1-25     Bureau of Investigation under Section 411.087, the Texas Commission

1-26     on Alcohol and Drug Abuse is entitled to obtain information

1-27     relating to the wanted persons status of an individual listed in

1-28     Subsection (a).

1-29           (c)  Criminal history record information obtained by the

1-30     Texas Commission on Alcohol and Drug Abuse under Subsection (a) may

1-31     not be released or disclosed to any person except on court order,

1-32     with the consent of the person who is the subject of the criminal

1-33     history record information, or as provided by Subsection (d).

1-34           (d)  The Texas Commission on Alcohol and Drug Abuse may

1-35     provide the applicant or licensee with a copy of the person's

1-36     criminal history record information obtained from the Department of

1-37     Public Safety, Federal Bureau of Investigation identification

1-38     division, or another law enforcement agency.

1-39           SECTION 2.  Chapter 635, Acts of the 72nd Legislature,

1-40     Regular Session, 1991 (Article 4512o, Vernon's Texas Civil

1-41     Statutes), is amended by adding Section 17A to read as follows:

1-42           Sec. 17A.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  The

1-43     commission may obtain criminal history record information as

1-44     provided by Section 411.132, Government Code, and consider that

1-45     information in determining an individual's licensure status under

1-46     this Act.

1-47           (b)  The commission may charge a person on whom criminal

1-48     history record information is sought a fee in an amount set by the

1-49     commission as reasonably necessary to cover the costs of

1-50     implementing this section.  Revenue from these fees:

1-51                 (1)  may only be appropriated to the commission for the

1-52     purpose of carrying out this section; and

1-53                 (2)  notwithstanding Section 19 of this Act, is not

1-54     credited to the licensed chemical dependency counselors fund.

1-55           SECTION 3.  The importance of this legislation and the

1-56     crowded condition of the calendars in both houses create an

1-57     emergency and an imperative public necessity that the

1-58     constitutional rule requiring bills to be read on three several

1-59     days in each house be suspended, and this rule is hereby suspended,

1-60     and that this Act take effect and be in force from and after its

1-61     passage, and it is so enacted.

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