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AN ACT
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relating to authorizing the Department of State Health Services to |
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obtain criminal history record information for certain applicants |
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for employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.110, Government Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsection (f) to |
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read as follows: |
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(a) The Department of State Health Services is entitled to |
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obtain from the department criminal history record information |
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maintained by the department that relates to: |
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(1) a person who is: |
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(A) an applicant for a license or certificate |
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under the Emergency Medical Services Act (Chapter 773, Health and |
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Safety Code); |
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(B) an owner or manager of an applicant for an |
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emergency medical services provider license under that Act; or |
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(C) the holder of a license or certificate under |
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that Act; |
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(2) an applicant for a license or a license holder |
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under Subchapter N, Chapter 431, Health and Safety Code; [or] |
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(3) an applicant for a license, the owner or manager of |
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an applicant for a massage establishment license, or a license |
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holder under Chapter 455, Occupations Code; |
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(4) an applicant for employment at or current employee |
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of: |
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(A) the Texas Center for Infectious Disease; or |
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(B) the South Texas Health Care System; or |
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(5) an applicant for employment at, current employee |
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of, or person who contracts or may contract to provide goods or |
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services with: |
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(A) the vital statistics unit of the Department |
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of State Health Services; or |
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(B) the Council on Sex Offender Treatment or |
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other division or component of the Department of State Health |
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Services that monitors sexually violent predators as described by |
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Section 841.003(a), Health and Safety Code. |
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(c) After an entity is licensed or certified, the Department |
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of State Health Services shall destroy the criminal history record |
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information that relates to that entity. The Department of State |
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Health Services shall destroy the criminal history record |
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information that relates to: |
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(1) an applicant for employment after that applicant |
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is employed or, for an applicant who is not employed, after the |
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check of the criminal history record information on that applicant |
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is completed; or |
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(2) an employee or contractor after the check of the |
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criminal history record information on that employee or contractor |
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is completed. |
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(d) The Department of State Health Services shall destroy |
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criminal history record information that relates to an applicant |
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who [that] is not certified or employed, as applicable. |
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(f) The Department of State Health Services may not consider |
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offenses for which points are assessed under Section 708.052, |
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Transportation Code, to determine whether to hire or retain an |
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employee or to contract with a person on whom criminal history |
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record information is obtained under this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2917 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2917 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2917 on May 31, 2009, by the following vote: Yeas 137, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2917 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2917 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |