HBA-MPM C.S.H.B. 1851 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1851
By: Jones, Jesse
Public Health
4/11/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Chemical dependency counselors are prohibited from practicing in Texas,
unless the person is licensed by the Texas Commission on Alcohol and Drug
Abuse (TCADA) as a chemical dependency counselor. Applicants for a license
must pass an examination prepared and administered by TCADA.  Current law
prohibits an applicant who fails the examination from taking the
examination more than three times. C.S.H.B. 1851 removes this provision,
effectively allowing a person to take the examination more than three
times. 

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 1 (Section 504.157, Occupations Code) of this bill. 

ANALYSIS

C.S.H.B. 1851 amends the Occupations Code by removing the provision
prohibiting an applicant for a license as a chemical dependency counselor
from taking the license examination more than three times.  The bill
requires the Texas Commission on Alcohol and Drug Abuse by rule to
establish criteria under which an applicant may take a subsequent
examination.  The bill provides that the change in law applies to a person
whose first attempt to pass an examination occurs before, on, or after the
effective date of this Act. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1851 differs from the original by requiring the Texas Commission
on Alcohol and Drug Abuse to establish by rule criteria under which an
applicant may take a subsequent license examination.