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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Commission on Environmental |
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Quality to conduct background checks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.122(d), Government Code, is amended |
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to read as follows: |
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(d) The following state agencies are subject to this |
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section: |
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(1) Texas Appraiser Licensing and Certification |
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Board; |
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(2) Texas Board of Architectural Examiners; |
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(3) Texas Board of Chiropractic Examiners; |
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(4) State Board of Dental Examiners; |
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(5) Texas Board of Professional Engineers; |
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(6) Texas Funeral Service Commission; |
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(7) Texas Board of Professional Geoscientists; |
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(8) Department of State Health Services, except as |
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provided by Section 411.110, and agencies attached to the |
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department, including: |
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(A) Texas State Board of Examiners of Marriage |
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and Family Therapists; |
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(B) Texas State Board of Examiners of |
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Professional Counselors; and |
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(C) Texas State Board of Social Worker Examiners; |
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(9) Texas Board of Professional Land Surveying; |
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(10) Texas Department of Licensing and Regulation, |
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except as provided by Section 411.093; |
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(11) [Texas Commission on Environmental Quality;
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[(12)] Texas Board of Occupational Therapy Examiners; |
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(12) [(13)] Texas Optometry Board; |
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(13) [(14)] Texas State Board of Pharmacy; |
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(14) [(15)] Texas Board of Physical Therapy |
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Examiners; |
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(15) [(16)] Texas State Board of Plumbing Examiners; |
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(16) [(17)] Texas State Board of Podiatric Medical |
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Examiners; |
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(17) [(18)] Texas State Board of Examiners of |
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Psychologists; |
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(18) [(19)] Texas Real Estate Commission; |
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(19) [(20)] Texas Department of Transportation; |
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(20) [(21)] State Board of Veterinary Medical |
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Examiners; |
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(21) [(22)] Texas Department of Housing and Community |
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Affairs; |
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(22) [(23)] secretary of state; |
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(23) [(24)] state fire marshal; |
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(24) [(25)] Texas Education Agency; |
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(25) [(26)] Department of Agriculture; and |
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(26) [(27)] Texas Department of Motor Vehicles. |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1221 to read as follows: |
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Sec. 411.1221. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) In |
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this section: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "Person" does not include a governmental entity. |
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(b) The commission is entitled to obtain from the department |
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criminal history record information maintained by the department |
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that relates to a person who: |
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(1) is an applicant for: |
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(A) an occupational license from the commission; |
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or |
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(B) a permit described by Subsection (c) from the |
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commission; |
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(2) is the holder of: |
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(A) an occupational license from the commission; |
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or |
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(B) a permit described by Subsection (c) from the |
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commission; or |
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(3) requests a determination of eligibility for: |
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(A) an occupational license from the commission; |
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or |
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(B) a permit described by Subsection (c) from the |
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commission. |
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(c) Subsections (b)(1)(B), (b)(2)(B), and (b)(3)(B) apply |
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to permits issued by the commission under: |
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(1) Chapters 361, 382, and 401, Health and Safety |
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Code; and |
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(2) Chapters 26 and 27, Water Code. |
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(d) If the person described by Subsection (b) is not an |
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individual, the commission is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to any individual who owns an interest in or |
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exercises control over the person described by Subsection (b). |
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SECTION 3. Subchapter D, Chapter 5, Water Code, is amended |
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by adding Section 5.1021 to read as follows: |
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Sec. 5.1021. BACKGROUND CHECKS. (a) In evaluating an |
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application for the issuance or renewal of, or a request for a |
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determination of eligibility for, a permit described by Subsection |
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(b), the commission may: |
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(1) obtain the criminal history record information of |
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the applicant or requestor, or of any individual who owns an |
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interest in or exercises control over the applicant or requestor, |
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as described by Section 411.1221, Government Code; and |
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(2) conduct a business background check of the |
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applicant or requestor, or of any individual who owns an interest in |
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or exercises control over the applicant or requestor. |
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(b) Except as provided by Subsection (c), Subsection (a) |
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applies to permits issued by the commission under: |
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(1) Chapters 361, 382, and 401, Health and Safety |
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Code; and |
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(2) Chapters 26 and 27 of this code. |
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(c) This section does not apply to applications or requests |
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by governmental entities. |
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(d) This section may not be construed or applied in a manner |
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that interferes with the authority of the Commission to carry out |
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criminal background checks pursuant to Chapter 53, Texas |
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Occupations Code, within the Commission's occupational licensing |
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programs as described in Chapter 37, Texas Water Code. |
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(e) The commission may adopt rules to implement this |
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section. |
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SECTION 4. The changes in law made by this Act apply only to |
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an application for the issuance or renewal of, or a request for a |
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determination of eligibility for, a permit submitted to the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. An application or request submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application or request was submitted, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. 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, 2019. |