HBA-DMH S.B. 1212 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1212
By: Zaffirini
Public Health
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, an applicant who fails the chemical dependency
counselor's examination may retake the entire examination no more than
three times.  Some other professional examinations allow applicants to
retake only the sections that they failed.  Senate Bill 1212 authorizes an
applicant who fails any part of the chemical dependency counselor's
examination to retake the part of the examination the applicant failed,
rather than retake the entire examination.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1212 amends the Occupations Code to authorize an applicant who
fails any part of the chemical dependency counselor's examination to retake
the part of the examination the applicant failed, rather than retake the
entire examination, on payment of the required examination fee.  The bill
provides that an applicant must pass each part of the examination within
four attempts.  An applicant who has failed any part of the examination
four times must provide evidence to the Texas Commission on Alcohol and
Drug Abuse (TCADA) that the applicant has successfully completed at least
25 hours of remedial college course work or its equivalent as determined by
TCADA.  The bill authorizes an applicant who satisfies such a requirement
to take the part of the examination the applicant failed three additional
times.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.