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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain health care professionals |
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submit criminal history record information to the licensing entity |
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that issues or renews a license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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amended by adding Chapter 113 to read as follows: |
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CHAPTER 113. CRIMINAL BACKGROUND CHECK |
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Sec. 113.001. DEFINITIONS. In this chapter: |
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(1) "License" includes a certificate, registration, |
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title, permit, or other authorization issued under this title. |
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(2) "Licensing entity" means a department, |
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commission, board, office, authority, or other agency of the state |
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that regulates activities and persons under this title. |
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Sec. 113.002. APPLICABILITY. This chapter applies only to |
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a licensing entity that does not have a more restrictive procedure |
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to perform a criminal background check on an individual licensed by |
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the entity. |
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Sec. 113.003. CRIMINAL HISTORY. (a) A licensing entity |
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shall require an individual applying for or renewing a license to |
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submit: |
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(1) a verified affidavit stating that the individual |
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has not been formally charged with any violation of law, excluding: |
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(A) a case that has been dismissed for a reason |
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other than a technical defect in the charging instrument; |
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(B) a case in which the applicant has been found |
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not guilty; |
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(C) a minor traffic violation; and |
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(D) an offense for which the individual received |
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a pardon; or |
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(2) a copy of the individual's criminal history record |
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information acquired from the Department of Public Safety under |
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Section 411.083, Government Code. |
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(b) An affidavit or criminal history record information |
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submitted to a licensing entity under this section is confidential |
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information for the use of the entity and may not be disseminated by |
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the entity. |
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Sec. 113.004. RULES. (a) A licensing entity shall adopt |
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rules to administer this chapter. |
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(b) Rules adopted by a licensing entity under this chapter |
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must: |
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(1) establish a rational standard under which the |
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licensing entity may deny the application for issuance of a license |
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or refuse to renew a license based on an affidavit or criminal |
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history record information submitted to the entity under this |
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chapter; and |
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(2) provide a process for an individual to appeal the |
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licensing entity's denial of a license application or refusal to |
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renew a license. |
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SECTION 2. Not later than January 1, 2008, a licensing |
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entity, as defined by Section 113.001, Occupations Code, as added |
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by this Act, shall adopt rules as required by Section 113.004, |
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Occupations Code, as added by this Act. |
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SECTION 3. This Act applies only to an application for a |
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license, certificate, registration, title, permit, or other |
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authorization filed, or the renewal of a license, certificate, |
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registration, title, permit, or other authorization that expires, |
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on or after April 1, 2008. An application for a license, |
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certificate, registration, title, permit, or other authorization |
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filed before April 1, 2008, or a license, certificate, |
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registration, title, permit, or other authorization that expires |
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before April 1, 2008, is governed by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |