| 1 | 1 | | 85R24277 JCG-D |
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| 2 | 2 | | By: Gutierrez H.B. No. 2072 |
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| 3 | 3 | | Substitute the following for H.B. No. 2072: |
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| 4 | 4 | | By: Kuempel C.S.H.B. No. 2072 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the eligibility and requirements for the issuance and |
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| 10 | 10 | | renewal of a license in massage therapy. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 455.1525, Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION |
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| 15 | 15 | | REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The |
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| 16 | 16 | | department shall require that an applicant for a license submit a |
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| 17 | 17 | | complete and legible set of fingerprints, on a form prescribed by |
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| 18 | 18 | | the department, to the department or to the Department of Public |
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| 19 | 19 | | Safety for the purpose of obtaining criminal history record |
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| 20 | 20 | | information from the Department of Public Safety and the Federal |
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| 21 | 21 | | Bureau of Investigation [On receipt of an application for a license |
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| 22 | 22 | | under this chapter, the department shall conduct a criminal |
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| 23 | 23 | | background check on the applicant]. |
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| 24 | 24 | | (b) The department may not issue a license to a person who |
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| 25 | 25 | | does not comply with the requirement of Subsection (a). |
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| 26 | 26 | | (c) The department shall conduct a criminal history record |
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| 27 | 27 | | information check of each applicant for a license using |
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| 28 | 28 | | information: |
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| 29 | 29 | | (1) provided by the individual under this section; and |
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| 30 | 30 | | (2) made available to the department by the Department |
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| 31 | 31 | | of Public Safety, the Federal Bureau of Investigation, and any |
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| 32 | 32 | | other criminal justice agency under Chapter 411, Government Code. |
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| 33 | 33 | | (d) The department may: |
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| 34 | 34 | | (1) enter into an agreement with the Department of |
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| 35 | 35 | | Public Safety to administer a criminal history record information |
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| 36 | 36 | | check required under this section; and |
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| 37 | 37 | | (2) authorize the Department of Public Safety to |
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| 38 | 38 | | collect from each applicant the costs incurred by the Department of |
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| 39 | 39 | | Public Safety in conducting the criminal history record information |
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| 40 | 40 | | check [An applicant is not eligible for a license under this chapter |
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| 41 | 41 | | if the applicant, in the five years preceding the date of the |
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| 42 | 42 | | application, has been finally convicted of a misdemeanor involving |
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| 43 | 43 | | moral turpitude or a felony]. |
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| 44 | 44 | | SECTION 2. Subchapter D, Chapter 455, Occupations Code, is |
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| 45 | 45 | | amended by adding Section 455.1605 to read as follows: |
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| 46 | 46 | | Sec. 455.1605. CRIMINAL HISTORY RECORD INFORMATION |
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| 47 | 47 | | REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a |
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| 48 | 48 | | license issued under this chapter shall submit a complete and |
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| 49 | 49 | | legible set of fingerprints for purposes of performing a criminal |
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| 50 | 50 | | history record information check of the applicant as provided by |
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| 51 | 51 | | Section 455.1525. |
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| 52 | 52 | | (b) The department may not renew the license of a person who |
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| 53 | 53 | | does not comply with the requirement of Subsection (a). |
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| 54 | 54 | | (c) A license holder is not required to submit fingerprints |
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| 55 | 55 | | under this section for the renewal of the license if the license |
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| 56 | 56 | | holder has previously submitted fingerprints under: |
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| 57 | 57 | | (1) Section 455.1525 for the initial issuance of the |
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| 58 | 58 | | license; or |
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| 59 | 59 | | (2) this section as part of a prior license renewal. |
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| 60 | 60 | | (d) This section expires August 1, 2023. |
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| 61 | 61 | | SECTION 3. Not later than April 1, 2018, the Texas |
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| 62 | 62 | | Commission of Licensing and Regulation shall adopt rules as |
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| 63 | 63 | | necessary to implement Section 455.1525, Occupations Code, as |
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| 64 | 64 | | amended by this Act, and Section 455.1605, Occupations Code, as |
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| 65 | 65 | | added by this Act. |
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| 66 | 66 | | SECTION 4. Section 455.1525, Occupations Code, as amended |
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| 67 | 67 | | by this Act, and Section 455.1605, Occupations Code, as added by |
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| 68 | 68 | | this Act, apply only to an application for the issuance or renewal |
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| 69 | 69 | | of a license submitted on or after August 1, 2018. An application |
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| 70 | 70 | | submitted before that date is governed by the law in effect on the |
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| 71 | 71 | | date the application was submitted, and the former law is continued |
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| 72 | 72 | | in effect for that purpose. |
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| 73 | 73 | | SECTION 5. This Act takes effect September 1, 2017. |
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