85R24277 JCG-D
By: Gutierrez H.B. No. 2072
Substitute the following for H.B. No. 2072:
By: Kuempel C.S.H.B. No. 2072
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility and requirements for the issuance and
renewal of a license in massage therapy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 455.1525, Occupations Code, is amended
to read as follows:
Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The
department shall require that an applicant for a license submit a
complete and legible set of fingerprints, on a form prescribed by
the department, to the department or to the Department of Public
Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation [On receipt of an application for a license
under this chapter, the department shall conduct a criminal
background check on the applicant].
(b) The department may not issue a license to a person who
does not comply with the requirement of Subsection (a).
(c) The department shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the department by the Department
of Public Safety, the Federal Bureau of Investigation, and any
other criminal justice agency under Chapter 411, Government Code.
(d) The department may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check [An applicant is not eligible for a license under this chapter
if the applicant, in the five years preceding the date of the
application, has been finally convicted of a misdemeanor involving
moral turpitude or a felony].
SECTION 2. Subchapter D, Chapter 455, Occupations Code, is
amended by adding Section 455.1605 to read as follows:
Sec. 455.1605. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
license issued under this chapter shall submit a complete and
legible set of fingerprints for purposes of performing a criminal
history record information check of the applicant as provided by
Section 455.1525.
(b) The department may not renew the license of a person who
does not comply with the requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 455.1525 for the initial issuance of the
license; or
(2) this section as part of a prior license renewal.
(d) This section expires August 1, 2023.
SECTION 3. Not later than April 1, 2018, the Texas
Commission of Licensing and Regulation shall adopt rules as
necessary to implement Section 455.1525, Occupations Code, as
amended by this Act, and Section 455.1605, Occupations Code, as
added by this Act.
SECTION 4. Section 455.1525, Occupations Code, as amended
by this Act, and Section 455.1605, Occupations Code, as added by
this Act, apply only to an application for the issuance or renewal
of a license submitted on or after August 1, 2018. An application
submitted before that date is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.