H.B. No. 2917

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