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.