HBA-DMD, MPM H.B. 923 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 923
By: Coleman
Human Services
9/15/1999
Enrolled



BACKGROUND AND PURPOSE 

The Licensed Professional Counselor Act was passed by the 75th Legislature
in response to the increasing demand to establish equivalence between
mental health disciplines.  This Act increased the number of required
supervised hours for licensure of a professional counselor.  Prior to the
76th Legislature, the Act contained conflicting language regarding
reciprocity for out-of-state licensed counselors moving to Texas.  H.B. 923
does not require licensed counselors moving to Texas from another state who
have already passed their state's licensing exam to take the Texas State
Board of Examiners of Professional Counselors (TSBEPC) licensing exam.  It
also changes the job title of the executive secretary of the TSBEPC to
executive director. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5(f), Article 4512g, V.T.C.S. (Licensed
Professional Counselor Act), to require the executive director (director)
of the Texas State Board of Examiners of Professional Counselors (board),
rather than the executive secretary of the board, to notify the governor
and attorney general that a potential ground for removal exists, if the
director is aware of a potential ground for removal. 

SECTION 2.  Amends Section 8(a), Article 4512g, V.T.C.S. (Licensed
Professional Counselor Act), to make conforming changes. 

SECTION 3.  Amends Section 10(a), Article 4512g, V.T.C.S. (Licensed
Professional Counselor Act), to define a qualified applicant as a person
who has successfully completed a graduate degree at a regionally accredited
institution of higher education and a planned graduate program of 48
semester hours, rather than setting forth an option of a planned graduate
program of 48 semester hours or the substantial equivalent.  Makes a
conforming change. 

SECTION 4.  Amends Section 14(i), Article 4512g, V.T.C.S. (Licensed
Professional Counselor Act), to delete text stating that for the year in
which an initial license is issued, license fees payable on the date of
issuance shall be prorated on a monthly basis.   

SECTION 5. Amends Section 16C(c), Article 4512g, V.T.C.S. (Licensed
Professional Counselor Act), to make a conforming change. 

SECTION 6.  Amends Section 18(c), Article 4512g, V.T.C.S. (Licensed
Professional Counselor Act), to delete the requirement that the board issue
a license under this Act to the holder of a provisional license if the
provisional licensee passes the examination required by Section 12
(Examination) of this Act.  Redesignates Subsection (c)(3) to Subsection
(c)(2). 

SECTION 7.  Effective date:  September 1, 1999.
Makes application of this Act prospective.  Provides that the amendment of
Section 18(c), Article 4512g, V.T.C.S. (Licensed Professional Counselor
Act), is intended to  clarify the law in effect before the Act's effective
date. 

SECTION 8.  Emergency clause.