77R9575 JMM-F By Allen H.B. No. 2383 Substitute the following for H.B. No. 2383: By Gray C.S.H.B. No. 2383 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain grounds for the denial of an application for, 1-3 the refusal to renew, and the suspension of a license as a licensed 1-4 chemical dependency counselor and for the restriction of a 1-5 counselor intern. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Section 504.002(b), Occupations Code, is amended 1-8 to read as follows: 1-9 (b) This chapter does not apply to an activity or service of 1-10 a person who: 1-11 (1) is employed as a counselor by a federal 1-12 institution and is providing chemical dependency counseling within 1-13 the scope of the person's employment; 1-14 (2) except as provided by Section 504.057, is a 1-15 student, intern, or trainee pursuing a supervised course of study 1-16 in counseling at a regionally accredited institution of higher 1-17 education or training institution, if the person: 1-18 (A) is designated as a "counselor intern"; and 1-19 (B) is engaging in the activity or providing the 1-20 service as part of the course of study; 1-21 (3) is not a resident of this state, if the person: 1-22 (A) engages in the activity or provides the 1-23 service in this state for not more than 30 days during any year; 1-24 and 2-1 (B) is authorized to engage in the activity or 2-2 provide the service under the law of the state of the person's 2-3 residence; 2-4 (4) is a licensed physician, psychologist, 2-5 professional counselor, or social worker; 2-6 (5) is a religious leader of a congregation providing 2-7 pastoral chemical dependency counseling within the scope of the 2-8 person's duties; 2-9 (6) is working for or providing counseling with a 2-10 program exempt under Subchapter C, Chapter 464, Health and Safety 2-11 Code; or 2-12 (7) is a school counselor certified by the State Board 2-13 for Educator Certification. 2-14 SECTION 2. Subchapter B, Chapter 504, Occupations Code, is 2-15 amended by adding Section 504.057 to read as follows: 2-16 Sec. 504.057. CRIMINAL HISTORY INFORMATION FOR COUNSELOR 2-17 INTERNS. (a) The commission may obtain criminal history record 2-18 information relating to a person described by Section 504.002(b)(2) 2-19 from the Department of Public Safety and the Federal Bureau of 2-20 Investigation. 2-21 (b) The commission may adopt rules as necessary to implement 2-22 the commission's authority under this section, including rules that 2-23 restrict the ability of a person described by Section 504.002(b)(2) 2-24 to engage in chemical dependency counseling if the person has been 2-25 convicted or placed on community supervision for an offense 2-26 described by Section 504.1525(a)(1) or (2). 2-27 SECTION 3. Subchapter D, Chapter 504, Occupations Code, is 3-1 amended by adding Section 504.1525 to read as follows: 3-2 Sec. 504.1525. CERTAIN GROUNDS FOR LICENSE REFUSAL. (a) The 3-3 commission may not issue a license under this chapter to an 3-4 applicant who has been: 3-5 (1) convicted or placed on community supervision 3-6 during the five years preceding the date of application in any 3-7 jurisdiction for an offense equal to a Class B misdemeanor 3-8 specified by commission rule; 3-9 (2) convicted or placed on community supervision in 3-10 any jurisdiction for an offense equal to or greater than a Class A 3-11 misdemeanor specified by commission rule; or 3-12 (3) found to be incapacitated by a court on the basis 3-13 of a mental defect or disease. 3-14 (b) Subsection (a) does not apply to an applicant who has, 3-15 with respect to Subsection (a)(1) or (2), received a full pardon 3-16 based on the person's wrongful conviction or, with respect to 3-17 Subsection (a)(3), been found by a court to no longer be 3-18 incapacitated. 3-19 SECTION 4. Section 504.155, Occupations Code, is amended by 3-20 adding Subsections (c) and (d) to read as follows: 3-21 (c) The commission may obtain criminal history record 3-22 information relating to an applicant for a license under this 3-23 chapter from the Department of Public Safety and the Federal Bureau 3-24 of Investigation. The commission may deny an application for a 3-25 license if the applicant fails to provide two complete sets of 3-26 fingerprints on a form prescribed by the commission. 3-27 (d) The issuance of a license by the commission is 4-1 conditioned on the receipt by the commission of the applicant's 4-2 criminal history record information. 4-3 SECTION 5. Subchapter E, Chapter 504, Occupations Code, is 4-4 amended by adding Section 504.2025 to read as follows: 4-5 Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW LICENSE. 4-6 The commission shall refuse to renew a license under this chapter 4-7 on receipt of information from the Department of Public Safety or 4-8 another law enforcement agency that the person has been convicted, 4-9 placed on community supervision, or found to be incapacitated as 4-10 described by Section 504.1525. 4-11 SECTION 6. Subchapter F, Chapter 504, Occupations Code, is 4-12 amended by adding Section 504.2525 to read as follows: 4-13 Sec. 504.2525. SUMMARY LICENSE SUSPENSION. (a) The 4-14 commission shall suspend the license of a license holder if the 4-15 commission receives written notice from the Department of Public 4-16 Safety or another law enforcement agency that the license holder 4-17 has been charged, indicted, placed on deferred adjudication, 4-18 community supervision, or probation, or convicted of an offense 4-19 described by Section 504.1525. 4-20 (b) To initiate a proceeding to take action under Subsection 4-21 (a), the commission must serve notice on the license holder. The 4-22 notice must: 4-23 (1) state the grounds for summary suspension; and 4-24 (2) be personally served on the license holder or sent 4-25 to the license holder by certified or registered mail, return 4-26 receipt requested, to the license holder's mailing address as it 4-27 appears in the commission's records. 5-1 (c) The suspension is effective at the time notice is 5-2 served. The license holder is entitled to appeal the suspension as 5-3 provided by Section 504.255. 5-4 SECTION 7. Subchapter F, Chapter 504, Occupations Code, is 5-5 amended by adding Section 504.255 to read as follows: 5-6 Sec. 504.255. APPEAL OF CERTAIN LICENSE DENIALS, REFUSALS TO 5-7 RENEW, AND SUSPENSIONS. (a) A person whose license application is 5-8 denied under Section 504.1525, whose license renewal is refused 5-9 under Section 504.2025, or whose license is suspended under Section 5-10 504.2525 may appeal the denial, refusal to renew, or suspension on 5-11 the grounds that: 5-12 (1) the sole basis for the commission's determination 5-13 is a conviction or placement on community supervision for an 5-14 offense described by Section 504.1525; and 5-15 (2) the 20th anniversary of the date of the conviction 5-16 or placement has occurred. 5-17 (b) A proceeding under this section is governed by Chapter 5-18 2001, Government Code. 5-19 (c) After a hearing under this section, the commission may 5-20 determine that the person is entitled to a license under this 5-21 chapter. 5-22 SECTION 8. This Act takes effect September 1, 2001, and 5-23 applies to conduct that occurs before, on, or after that date.