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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of certain criminal history record |
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information requirements regarding the licensing of massage |
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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 an applicant for a license to 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. |
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(e) For purposes of this section, if the applicant for a |
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license is an entity, the applicant must submit fingerprints as |
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required by Subsection (a) for each individual who: |
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(1) personally or constructively holds, including as |
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the beneficiary of a trust: |
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(A) at least 10 percent of the entity's |
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outstanding stock; or |
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(B) more than $25,000 of the fair market value of |
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the entity; |
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(2) has the controlling interest in the entity; |
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(3) has a direct or indirect participating interest |
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through shares, stock, or otherwise, regardless of whether voting |
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rights are included, of more than 10 percent of the profits, |
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proceeds, or capital gains of the entity; |
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(4) is a member of the board of directors or other |
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governing body of the entity; or |
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(5) serves as: |
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(A) an elected officer of the entity; or |
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(B) a general manager of the entity. |
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SECTION 2. The heading to Section 455.160, Occupations |
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Code, is amended to read as follows: |
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Sec. 455.160. LICENSE TERM AND RENEWAL; CRIMINAL HISTORY |
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RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL. |
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SECTION 3. Section 455.160, Occupations Code, is amended by |
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adding Subsections (b), (c), and (d) to read as follows: |
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(b) A license holder renewing a license issued under this |
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chapter shall submit a complete and legible set of fingerprints for |
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purposes of performing a criminal history record information check |
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of the license holder as provided by Section 455.1525. |
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(c) The department may administratively suspend or refuse |
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to renew the license of a person who does not comply with the |
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requirement of Subsection (b). |
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(d) 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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SECTION 4. Section 455.160(h), Occupations Code, is |
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repealed. |
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SECTION 5. (a) Sections 455.1525 and 455.160, Occupations |
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Code, as amended by this Act, apply only to an application for the |
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issuance or renewal of a license submitted to the Texas Department |
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of Licensing and Regulation on or after the effective date of this |
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Act. An application for the issuance or renewal of a license |
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submitted before the effective date of this Act is governed by the |
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law in effect on the date the application was submitted, and the |
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former law is continued in effect for that purpose. |
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(b) Not later than September 1, 2021, the Texas Department |
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of Licensing and Regulation shall obtain criminal history record |
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information on each person who, on the effective date of this Act, |
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holds a license issued under Chapter 455, Occupations Code, and did |
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not undergo a criminal history record information check based on |
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the license holder's fingerprints on initial application for the |
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license. The department may suspend the license of a license holder |
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who does not provide the criminal history record information as |
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required by the department and this subsection. |
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SECTION 6. This Act takes effect September 1, 2019. |