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.