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.