By Allen H.B. No. 2383 77R7144 JMM-F 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 emergency suspension of a license as 1-4 a licensed chemical dependency counselor. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 504, Occupations Code, is 1-7 amended by adding Section 504.1525 to read as follows: 1-8 Sec. 504.1525. CERTAIN GROUNDS FOR LICENSE REFUSAL. (a) The 1-9 commission may not issue a license under this chapter to an 1-10 applicant who has been: 1-11 (1) convicted or placed on community supervision in 1-12 any jurisdiction for an offense equal to a Class B misdemeanor 1-13 during the five years preceding the date of application; 1-14 (2) convicted or placed on community supervision in 1-15 any jurisdiction for an offense equal to or greater than a Class A 1-16 misdemeanor; or 1-17 (3) found to be incapacitated by a court on the basis 1-18 of a mental defect or disease. 1-19 (b) Subsection (a) does not apply to an applicant who has, 1-20 with respect to Subsection (a)(1) or (2), received a full pardon 1-21 based on the person's wrongful conviction or, with respect to 1-22 Subsection (a)(3), been found by a court to no longer be 1-23 incapacitated. 1-24 SECTION 2. Section 504.155, Occupations Code, is amended by 2-1 adding Subsections (c) and (d) to read as follows: 2-2 (c) The commission may obtain criminal history record 2-3 information relating to an applicant for a license under this 2-4 chapter from the Department of Public Safety and the Federal Bureau 2-5 of Investigation. The commission may deny an application for a 2-6 license if the applicant fails to provide two complete sets of 2-7 fingerprints on a form prescribed by the commission. 2-8 (d) The issuance of a license by the commission is 2-9 conditioned on the receipt by the commission of the applicant's 2-10 criminal history record information. 2-11 SECTION 3. Subchapter E, Chapter 504, Occupations Code, is 2-12 amended by adding Section 504.2025 to read as follows: 2-13 Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW LICENSE. 2-14 The commission shall refuse to renew a license under this chapter 2-15 on receipt of information from the Department of Public Safety or 2-16 another law enforcement agency that the person has been convicted, 2-17 placed on community supervision, or found to be incapacitated as 2-18 described by Section 504.1525. 2-19 SECTION 4. Subchapter F, Chapter 504, Occupations Code, is 2-20 amended by adding Section 504.2525 to read as follows: 2-21 Sec. 504.2525. EMERGENCY LICENSE SUSPENSION. (a) The 2-22 commission shall temporarily suspend the license of a license 2-23 holder if the commission receives written notice from the 2-24 Department of Public Safety or another law enforcement agency that 2-25 the license holder has been charged, indicted, placed on deferred 2-26 adjudication, community supervision, or probation, or convicted of 2-27 an offense described by Section 504.1525. 3-1 (b) A license may be suspended under this section without 3-2 notice or hearing if: 3-3 (1) action is taken to initiate proceedings for a 3-4 hearing before the State Office of Administrative Hearings 3-5 simultaneously with the temporary suspension; and 3-6 (2) a hearing is held as soon as practicable under 3-7 this chapter and Chapter 2001, Government Code. 3-8 (c) The State Office of Administrative Hearings shall hold a 3-9 preliminary hearing not later than the 14th day after the date of 3-10 the temporary suspension to determine whether: 3-11 (1) the grounds for which the license was suspended 3-12 under Subsection (a) are true; 3-13 (2) the charges or indictment have been dismissed; and 3-14 (3) with respect to a conviction, the license holder 3-15 has been granted a full pardon for the offense based on a wrongful 3-16 conviction. 3-17 (d) A final hearing on whether to revoke the license because 3-18 of a conviction or placement on community supervision described by 3-19 Section 504.1525 shall be held not later than the 61st day after 3-20 the date of the temporary suspension. 3-21 SECTION 5. Subchapter F, Chapter 504, Occupations Code, is 3-22 amended by adding Section 504.255 to read as follows: 3-23 Sec. 504.255. APPEAL OF CERTAIN LICENSE DENIALS, REFUSALS TO 3-24 RENEW, AND SUSPENSIONS. (a) A person whose license application is 3-25 denied under Section 504.1525, whose license renewal is refused 3-26 under Section 504.2025, or whose license is suspended under Section 3-27 504.2525 may appeal the denial, refusal to renew, or suspension on 4-1 the grounds that: 4-2 (1) the sole basis for the commission's determination 4-3 is a conviction or placement on community supervision for an 4-4 offense described by Section 504.1525; and 4-5 (2) the 20th anniversary of the date of the conviction 4-6 or placement has occurred. 4-7 (b) A proceeding under this section is governed by Chapter 4-8 2001, Government Code. 4-9 (c) After a hearing under this section, the commission may 4-10 determine that the person is entitled to a license under this 4-11 chapter. 4-12 SECTION 6. This Act takes effect September 1, 2001, and 4-13 applies to conduct that occurs before, on, or after that date.