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 * * * * *