H.B. No. 2917
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. Section 411.110, Government Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsection (f) 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.
(f) The Department of State Health Services may not consider
offenses for which points are assessed under Section 708.052,
Transportation Code, to determine whether to hire or retain an
employee or to contract with a person on whom criminal history
record information is obtained under this section.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2917 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2917 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2917 on May 31, 2009, by the following vote: Yeas 137,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2917 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2917 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor