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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility and requirements for the issuance and |
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renewal of a license in massage therapy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 455.1525, Occupations Code, is amended |
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to read as follows: |
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Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The |
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department shall require that an applicant for a license submit a |
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complete and legible set of fingerprints, on a form prescribed by |
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the department, to the department or to the Department of Public |
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Safety for the purpose of obtaining criminal history record |
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information from the Department of Public Safety and the Federal |
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Bureau of Investigation [On receipt of an application for a license
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under this chapter, the department shall conduct a criminal
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background check on the applicant]. |
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(b) The department may not issue a license to a person who |
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does not comply with the requirement of Subsection (a). |
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(c) The department shall conduct a criminal history record |
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information check of each applicant for a license using |
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information: |
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(1) provided by the individual under this section; and |
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(2) made available to the department by the Department |
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of Public Safety, the Federal Bureau of Investigation, and any |
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other criminal justice agency under Chapter 411, Government Code. |
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(d) The department may: |
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(1) enter into an agreement with the Department of |
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Public Safety to administer a criminal history record information |
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check required under this section; and |
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(2) authorize the Department of Public Safety to |
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collect from each applicant the costs incurred by the Department of |
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Public Safety in conducting the criminal history record information |
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check [An applicant is not eligible for a license under this chapter
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if the applicant, in the five years preceding the date of the
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application, has been finally convicted of a misdemeanor involving
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moral turpitude or a felony]. |
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SECTION 2. Subchapter D, Chapter 455, Occupations Code, is |
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amended by adding Section 455.1605 to read as follows: |
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Sec. 455.1605. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a |
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license issued under this chapter shall submit a complete and |
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legible set of fingerprints for purposes of performing a criminal |
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history record information check of the applicant as provided by |
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Section 455.1525. |
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(b) The department may not renew the license of a person who |
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does not comply with the requirement of Subsection (a). |
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(c) A license holder is not required to submit fingerprints |
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under this section for the renewal of the license if the license |
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holder has previously submitted fingerprints under: |
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(1) Section 455.1525 for the initial issuance of the |
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license; or |
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(2) this section as part of a prior license renewal. |
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(d) This section expires August 1, 2023. |
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SECTION 3. Not later than April 1, 2018, the Texas |
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Commission of Licensing and Regulation shall adopt rules as |
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necessary to implement Section 455.1525, Occupations Code, as |
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amended by this Act, and Section 455.1605, Occupations Code, as |
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added by this Act. |
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SECTION 4. Section 455.1525, Occupations Code, as amended |
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by this Act, and Section 455.1605, Occupations Code, as added by |
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this Act, apply only to an application for the issuance or renewal |
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of a license submitted on or after August 1, 2018. An application |
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submitted before that date is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |