Texas 2009 - 81st Regular

Texas House Bill HB2917 Compare Versions

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1	1	H.B. No. 2917
2	2
3	3
4	4	AN ACT
5	5	relating to authorizing the Department of State Health Services to
6	6	obtain criminal history record information for certain applicants
7	7	for employment.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.110, Government Code, is amended by
10	10	amending Subsections (a), (c), and (d) and adding Subsection (f) to
11	11	read as follows:
12	12	(a) The Department of State Health Services is entitled to
13	13	obtain from the department criminal history record information
14	14	maintained by the department that relates to:
15	15	(1) a person who is:
16	16	(A) an applicant for a license or certificate
17	17	under the Emergency Medical Services Act (Chapter 773, Health and
18	18	Safety Code);
19	19	(B) an owner or manager of an applicant for an
20	20	emergency medical services provider license under that Act; or
21	21	(C) the holder of a license or certificate under
22	22	that Act;
23	23	(2) an applicant for a license or a license holder
24	24	under Subchapter N, Chapter 431, Health and Safety Code; [or]
25	25	(3) an applicant for a license, the owner or manager of
26	26	an applicant for a massage establishment license, or a license
27	27	holder under Chapter 455, Occupations Code;
28	28	(4) an applicant for employment at or current employee
29	29	of:
30	30	(A) the Texas Center for Infectious Disease; or
31	31	(B) the South Texas Health Care System; or
32	32	(5) an applicant for employment at, current employee
33	33	of, or person who contracts or may contract to provide goods or
34	34	services with:
35	35	(A) the vital statistics unit of the Department
36	36	of State Health Services; or
37	37	(B) the Council on Sex Offender Treatment or
38	38	other division or component of the Department of State Health
39	39	Services that monitors sexually violent predators as described by
40	40	Section 841.003(a), Health and Safety Code.
41	41	(c) After an entity is licensed or certified, the Department
42	42	of State Health Services shall destroy the criminal history record
43	43	information that relates to that entity. The Department of State
44	44	Health Services shall destroy the criminal history record
45	45	information that relates to:
46	46	(1) an applicant for employment after that applicant
47	47	is employed or, for an applicant who is not employed, after the
48	48	check of the criminal history record information on that applicant
49	49	is completed; or
50	50	(2) an employee or contractor after the check of the
51	51	criminal history record information on that employee or contractor
52	52	is completed.
53	53	(d) The Department of State Health Services shall destroy
54	54	criminal history record information that relates to an applicant
55	55	who [that] is not certified or employed, as applicable.
56	56	(f) The Department of State Health Services may not consider
57	57	offenses for which points are assessed under Section 708.052,
58	58	Transportation Code, to determine whether to hire or retain an
59	59	employee or to contract with a person on whom criminal history
60	60	record information is obtained under this section.
61	61	SECTION 2. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2009.
66	66	______________________________ ______________________________
67	67	President of the Senate Speaker of the House
68	68	I certify that H.B. No. 2917 was passed by the House on May
69	69	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
70	70	voting; that the House refused to concur in Senate amendments to
71	71	H.B. No. 2917 on May 29, 2009, and requested the appointment of a
72	72	conference committee to consider the differences between the two
73	73	houses; and that the House adopted the conference committee report
74	74	on H.B. No. 2917 on May 31, 2009, by the following vote: Yeas 137,
75	75	Nays 0, 1 present, not voting.
76	76	______________________________
77	77	Chief Clerk of the House
78	78	I certify that H.B. No. 2917 was passed by the Senate, with
79	79	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
80	80	0; at the request of the House, the Senate appointed a conference
81	81	committee to consider the differences between the two houses; and
82	82	that the Senate adopted the conference committee report on H.B. No.
83	83	2917 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
84	84	______________________________
85	85	Secretary of the Senate
86	86	APPROVED: __________________
87	87	Date
88	88	__________________
89	89	Governor