BILL ANALYSIS

 

 

Senate Research Center

H.B. 125

86R1981 JCG-D

By: Martinez (Men�ndez)

 

Business & Commerce

 

4/25/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Concerns have been raised regarding the possible risks posed to certain professional mental health practitioners because the practitioner�s home address may be included in the online registries, rosters, or databases of the practitioner�s licensing agency. H.B. 125 seeks to address this issue by prohibiting the inclusion of the home address of certain license holders in the applicable registry, roster, or database unless the license holder requests such inclusion.

 

H.B. 125 amends current law relating to the online publication of home addresses of certain occupational license holders.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter B, Chapter 403, Occupations Code, by adding Section 403.053, as follows:

 

Sec. 403.053. PUBLISHING LICENSE HOLDER HOME ADDRESS PROHIBITED. (a) Prohibits the Texas Department of Licensing and Regulation (TDLR) from including the home address of a person licensed under this chapter (Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists) in a roster, registry, or other database TDLR publishes on TDLR's Internet website unless the person requests that the person's home address appear in the roster, registry, or other database on the website. Requires a request under this subsection to be made in the manner prescribed by TDLR.

 

(b) Provides that the home address of a person licensed under this chapter that is included in a roster, registry, or other database TDLR maintains is public information and is not excepted from required disclosure under Chapter 552 (Public Information), Government Code.

 

SECTION 2. Amends Section 503.207, Occupations Code, by adding Subsections (c) and (d), as follows:

 

(c) Prohibits the Texas State Board of Examiners of Professional Counselors (board) from including the home address of a person licensed under this chapter (Licensed Professional Counselors) in a registry the board publishes on the board's Internet website unless the person requests that the person's home address appear in the registry on the website. Requires a request under this subsection to be made in the manner prescribed by the board.

 

(d) Provides that the home address of a person licensed under this chapter that is included in the registry the board prepares under this section (License Holder Registry) is public information and is not excepted from required disclosure under Chapter 552, Government Code.

 

SECTION 3. Amends Section 504.055, Occupations Code, by adding Subsections (e) and (f), as follows:

 

(e) Prohibits the Department of State Health Services (DSHS) from including the home address of a person licensed by DSHS in a roster DSHS publishes on DSHS's Internet website unless the person requests that the person's home address appear in the roster on the website. Requires a request under this subsection to be made in the manner prescribed by DSHS.

 

(f) Provides that the home address of a person licensed under this chapter (Chemical Dependency Counselors) that is included in a roster DSHS prepares under this section (Official Roster) is public information and is not excepted from required disclosure under Chapter 552, Government Code.

 

SECTION 4. Amends Section 505.205, Occupations Code, by adding Subsections (d) and (e), as follows:

 

(d) Prohibits the Texas State Board of Social Worker Examiners (TSBSWE) from including the home address of a person licensed under this chapter (Social Workers) in a roster TSBSWE publishes on TSBSWE's Internet website unless the person requests that the person's home address appear in the roster on the website. Requires a request under this subsection to be made in the manner prescribed by TSBSWE.

 

(e) Provides that the home address of a person licensed under this chapter that is included in the roster TSBSWE prepares under this section (Roster of License Holders) is public information and is not excepted from required disclosure under Chapter 552, Government Code.

 

SECTION 5. Effective date: September 1, 2019.