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A BILL TO BE ENTITLED
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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. Sections 411.110(a), (c), and (d), Government |
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Code, are amended to 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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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. |