81R18832 SJM-F
 
  By: McReynolds H.B. No. 2917
 
 
 
A BILL TO BE ENTITLED
 
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.  Sections 411.110(a), (c), and (d), Government
  Code, are amended 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.
         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.