1-1     By:  Allen (Senate Sponsor - Madla)                   H.B. No. 2383
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain grounds for the denial of an application for,
 1-9     the refusal to renew, and the suspension of a license as a licensed
1-10     chemical dependency counselor and for the restriction of a
1-11     counselor intern.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Section 504.002(b), Occupations Code, is amended
1-14     to read as follows:
1-15           (b)  This chapter does not apply to an activity or service of
1-16     a person who:
1-17                 (1)  is employed as a counselor by a federal
1-18     institution and is providing chemical dependency counseling within
1-19     the scope of the person's employment;
1-20                 (2)  except as provided by Section 504.057, is a
1-21     student, intern, or trainee pursuing a supervised course of study
1-22     in counseling at a regionally accredited institution of higher
1-23     education or training institution, if the person:
1-24                       (A)  is designated as a "counselor intern"; and
1-25                       (B)  is engaging in the activity or providing the
1-26     service as part of the course of study;
1-27                 (3)  is not a resident of this state, if the person:
1-28                       (A)  engages in the activity or provides the
1-29     service in this state for not more than 30 days during any year;
1-30     and
1-31                       (B)  is authorized to engage in the activity or
1-32     provide the service under the law of the state of the person's
1-33     residence;
1-34                 (4)  is a licensed physician, psychologist,
1-35     professional counselor, or social worker;
1-36                 (5)  is a religious leader of a congregation providing
1-37     pastoral chemical dependency counseling within the scope of the
1-38     person's duties;
1-39                 (6)  is working for or providing counseling with a
1-40     program exempt under Subchapter C, Chapter 464, Health and Safety
1-41     Code; or
1-42                 (7)  is a school counselor certified by the State Board
1-43     for Educator Certification.
1-44           SECTION 2. Subchapter B, Chapter 504, Occupations Code, is
1-45     amended by adding Section 504.057 to read as follows:
1-46           Sec. 504.057.  CRIMINAL HISTORY INFORMATION FOR COUNSELOR
1-47     INTERNS. (a)  The commission may obtain criminal history record
1-48     information relating to a person described by Section 504.002(b)(2)
1-49     from the Department of Public Safety and the Federal Bureau of
1-50     Investigation.
1-51           (b)  The commission may adopt rules as necessary to implement
1-52     the commission's authority under this section, including rules that
1-53     restrict the ability of a person described by Section 504.002(b)(2)
1-54     to engage in chemical dependency counseling if the person has been
1-55     convicted or placed on community supervision for an offense
1-56     described by Section 504.1525(a)(1) or (2).
1-57           SECTION 3. Subchapter D, Chapter 504, Occupations Code, is
1-58     amended by adding Section 504.1525 to read as follows:
1-59           Sec. 504.1525.  CERTAIN GROUNDS FOR LICENSE REFUSAL. (a)  The
1-60     commission may not issue a license under this chapter to an
1-61     applicant who has been:
1-62                 (1)  convicted or placed on community supervision
1-63     during the five years preceding the date of application in any
1-64     jurisdiction for an offense equal to a Class B misdemeanor
 2-1     specified by commission rule;
 2-2                 (2)  convicted or placed on community supervision in
 2-3     any jurisdiction for an offense equal to or greater than a Class A
 2-4     misdemeanor specified by commission rule; or
 2-5                 (3)  found to be incapacitated by a court on the basis
 2-6     of a mental defect or disease.
 2-7           (b)  Subsection (a) does not apply to an applicant who has,
 2-8     with respect to Subsection (a)(1) or (2), received a full pardon
 2-9     based on the person's wrongful conviction or, with respect to
2-10     Subsection (a)(3), been found by a court to no longer be
2-11     incapacitated.
2-12           SECTION 4. Section 504.155, Occupations Code, is amended by
2-13     adding Subsections (c) and (d) to read as follows:
2-14           (c)  The commission may obtain criminal history record
2-15     information relating to an applicant for a license under this
2-16     chapter from the Department of Public Safety and the Federal Bureau
2-17     of Investigation.  The commission may deny an application for a
2-18     license if the applicant fails to provide two complete sets of
2-19     fingerprints on a form prescribed by the commission.
2-20           (d)  The issuance of a license by the commission is
2-21     conditioned on the receipt by the commission of the applicant's
2-22     criminal history record information.
2-23           SECTION 5. Subchapter E, Chapter 504, Occupations Code, is
2-24     amended by adding Section 504.2025 to read as follows:
2-25           Sec. 504.2025.  CERTAIN GROUNDS FOR REFUSAL TO RENEW LICENSE.
2-26     The commission shall refuse to renew a license under this chapter
2-27     on receipt of information from the Department of Public Safety or
2-28     another law enforcement agency that the person has been convicted,
2-29     placed on community supervision, or found to be incapacitated as
2-30     described by Section 504.1525.
2-31           SECTION 6. Subchapter F, Chapter 504, Occupations Code, is
2-32     amended by adding Section 504.2525 to read as follows:
2-33           Sec. 504.2525.  SUMMARY LICENSE SUSPENSION. (a)  The
2-34     commission shall suspend the license of a license holder if the
2-35     commission receives written notice from the Department of Public
2-36     Safety or another law enforcement agency that the license holder
2-37     has been charged, indicted, placed on deferred adjudication,
2-38     community supervision, or probation, or convicted of an offense
2-39     described by Section 504.1525.
2-40           (b)  To initiate a proceeding to take action under Subsection
2-41     (a), the commission must serve notice on the license holder.  The
2-42     notice must:
2-43                 (1)  state the grounds for summary suspension; and
2-44                 (2)  be personally served on the license holder or sent
2-45     to the license holder by certified or registered mail, return
2-46     receipt requested, to the license holder's mailing address as it
2-47     appears in the commission's records.
2-48           (c)  The suspension is effective at the time notice is
2-49     served. The license holder is entitled to appeal the suspension as
2-50     provided by Section 504.255.
2-51           SECTION 7. Subchapter F, Chapter 504, Occupations Code, is
2-52     amended by adding Section 504.255 to read as follows:
2-53           Sec. 504.255.  APPEAL OF CERTAIN LICENSE DENIALS, REFUSALS TO
2-54     RENEW, AND SUSPENSIONS. (a)  A person whose license application is
2-55     denied under Section 504.1525, whose license renewal is refused
2-56     under Section 504.2025, or whose license is suspended under Section
2-57     504.2525 may appeal the denial, refusal to renew, or suspension on
2-58     the grounds that:
2-59                 (1)  the sole basis for the commission's determination
2-60     is a conviction or placement on community supervision for an
2-61     offense described by Section 504.1525; and
2-62                 (2)  the 20th anniversary of the date of the conviction
2-63     or placement has occurred.
2-64           (b)  A proceeding under this section is governed by Chapter
2-65     2001, Government Code.
2-66           (c)  After a hearing under this section, the commission may
2-67     determine that the person is entitled to a license under this
2-68     chapter.
2-69           SECTION 8. This Act takes effect September 1, 2001, and
 3-1     applies to conduct that occurs before, on, or after that date.
 3-2                                  * * * * *