HBA-NRS C.S.H.B. 2383 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2383
By: Allen
Public Health
4/11/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes an applicant for a license to practice chemical
dependency counseling to be checked for prohibitive criminal history by the
Texas Commission on Alcohol and Drug Abuse (TCADA) before a license is
issued. State law does not provide for further criminal background checks
until the license is renewed two years later. TCADA investigates many
complaints involving abuse of and improper conduct toward patients, many of
whom are children and minors, in drug and alcohol abuse treatment centers.
C.S.H.B. 2383 establishes grounds by which TCADA can refuse to issue a
license to practice chemical dependency counseling and authorizes TCADA to
obtain criminal history record information relating to an applicant.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Commission on Alcohol and
Drug Abuse in SECTION 2 (Section 504.057, Occupations Code) and SECTION 3
(Section 504.1525, Occupations Code) of this bill. 

ANALYSIS

C.S.H.B. 2383 amends the Occupations Code to authorize the Texas Commission
on Alcohol and Drug Abuse (TCADA) to obtain criminal history record
information relating to a counselor intern from the Department of Public
Safety (DPS) and the Federal Bureau of Investigation (FBI). The bill
authorizes TCADA to adopt rules to implement TCADA's authority in obtaining
criminal history record information on counselor interns, including rules
that restrict the ability of a counselor intern to engage in chemical
dependency counseling if the person has been convicted or placed on
community supervision for an offense equal to or greater than a Class B
misdemeanor as specified by TCADA rule.  

The bill prohibits TCADA from issuing a license to practice chemical
dependency counseling (license) to an applicant who has been convicted or
placed on community supervision for an offense equal to a Class B
misdemeanor specified by TCADA rule during the five years before the date
of the application, convicted or placed on community supervision for an
offense equal to or greater than a Class A misdemeanor specified by TCADA
rule, or found to be incapacitated by a court on the basis of a mental
defect or disease. This prohibition does not apply to an applicant who has
received a full pardon based on the person's wrongful conviction or been
found by a court to no longer be incapacitated.  

The bill requires TCADA to refuse to renew a license on receipt of
information from DPS or another law enforcement agency that the person has
been convicted, placed on community supervision, or  found to be
incapacitated. The bill requires TCADA to suspend a license if TCADA
receives written notice from DPS or another law enforcement agency that the
license holder has been charged, indicted, or placed on deferred
adjudication, community supervision, or probation, or convicted of an
offense.  The bill provides that for TCADA to initiate a proceeding to
suspend a license upon written notice from DPS or another law enforcement
agency, TCADA must serve notice on the license holder. The bill provides
that the suspension is effective at the time notice is served and that the
license holder is entitled to appeal the suspension. 

 C.S.H.B. 2383 authorizes a person whose license application is denied,
whose license renewal is refused, or whose license is suspended to appeal
the denial, refusal to renew, or suspension on the grounds that the 20th
anniversary of the date of the conviction or placement on community
supervision for an offense that was the sole basis for the commission's
determination has occurred. After a hearing, the bill authorizes TCADA to
determine that the person is entitled to a license. Proceedings for hearing
and appeals are governed by the Administrative Procedure Act.  

The bill authorizes TCADA to obtain criminal history record information
relating to an applicant from the DPS and the FBI. The bill further
authorizes TCADA to deny an application for a license if an applicant fails
to provide two sets of fingerprints. The bill provides that the issuance of
a license is conditioned on TCADA's receipt of the applicant's criminal
history record information.  

EFFECTIVE DATE

September 1, 2001, and applies to conduct that occurs before, on, or after
the effective date. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2383 modifies the original bill by including counselor interns
among the applicants whom the Texas Commission on Alcohol and Drug Abuse
(TCADA) can obtain criminal history record information. The substitute also
includes the rules necessary to implement TCADA's authority to restrict the
ability of a counselor intern to engage in chemical dependency counseling
if the counselor intern has  committed or is under community supervision
for a particular offense. The substitute removes the provision authorizing
TCADA to suspend a license without notice or hearing under certain
conditions. The substitute provides that a suspension of a license is
effective at the time notice is served and entitles a license holder to
appeal the suspension. The substitute specifies that the Class A or Class B
misdemeanors that prevent a person from receiving a license to practice
chemical dependency counseling are specified by TCADA rule.