H.B. No. 660
AN ACT
relating to access to criminal history record information by
certain licensing and regulatory agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.122, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) Except as provided by Subsection (c)(2), an agency of
this state listed in Subsection (d) or a political subdivision of
this state covered by Chapter 53, Occupations Code, that licenses
or regulates members of a particular trade, occupation, business,
vocation, or profession is entitled to obtain from the department
criminal history record information maintained by the department
that relates to a person who [is]:
(1) is an applicant for a license from the agency; [or]
(2) is the holder of a license from the agency; or
(3) requests a determination of eligibility for a
license from the agency.
(c) This section does not apply to an agency that is:
(1) specifically authorized by this subchapter to
obtain criminal history record information from the department; or
(2) covered by Section 53.002, Occupations Code, to
the extent provided by that section.
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) State Board of Barber Examiners;
(4) Texas Board of Chiropractic Examiners;
(5) Texas Cosmetology Commission;
(6) State Board of Dental Examiners;
(7) Texas Board of Professional Engineers;
(8) Texas Funeral Service Commission;
(9) Texas Board of Professional Geoscientists;
(10) Texas Department of Health, except as provided by
Section 411.110, and agencies attached to the department,
including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Board of Examiners of
Perfusionists;
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(11) Texas Board of Professional Land Surveying;
(12) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(13) Texas Commission on Environmental Quality;
(14) Texas Board of Occupational Therapy Examiners;
(15) Texas Optometry Board;
(16) Texas State Board of Pharmacy;
(17) Texas Board of Physical Therapy Examiners;
(18) Texas State Board of Plumbing Examiners;
(19) Texas State Board of Podiatric Medical Examiners;
(20) Polygraph Examiners Board;
(21) Texas State Board of Examiners of Psychologists;
(22) Texas Real Estate Commission;
(23) Board of Tax Professional Examiners;
(24) Texas Department of Transportation;
(25) State Board of Veterinary Medical Examiners;
(26) Board of Vocational Nurse Examiners;
(27) Texas Department of Housing and Community
Affairs;
(28) secretary of state;
(29) state fire marshal;
(30) Texas Education Agency; and
(31) Department of Agriculture.
SECTION 2. Section 411.122(b), Government Code, is
repealed.
SECTION 3. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 660 was passed by the House on April
3, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 660 on May 7, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 660 was passed by the Senate, with
amendments, on May 5, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor