| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to the imposition of certain criminal history record |
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| 10 | 8 | | information requirements regarding the licensing of massage |
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| 11 | 9 | | therapy. |
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| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 11 | | SECTION 1. Section 455.1525, Occupations Code, is amended |
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| 14 | 12 | | to read as follows: |
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| 15 | 13 | | Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION |
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| 16 | 14 | | REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The |
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| 17 | 15 | | department shall require an applicant for a license to submit a |
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| 18 | 16 | | complete and legible set of fingerprints, on a form prescribed by |
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| 19 | 17 | | the department, to the department or to the Department of Public |
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| 20 | 18 | | Safety for the purpose of obtaining criminal history record |
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| 21 | 19 | | information from the Department of Public Safety and the Federal |
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| 22 | 20 | | Bureau of Investigation [On receipt of an application for a license |
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| 23 | 21 | | under this chapter, the department shall conduct a criminal |
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| 24 | 22 | | background check on the applicant]. |
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| 25 | 23 | | (b) The department may not issue a license to a person who |
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| 26 | 24 | | does not comply with the requirement of Subsection (a). |
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| 27 | 25 | | (c) The department shall conduct a criminal history record |
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| 28 | 26 | | information check of each applicant for a license using |
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| 29 | 27 | | information: |
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| 30 | 28 | | (1) provided by the individual under this section; and |
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| 31 | 29 | | (2) made available to the department by the Department |
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| 32 | 30 | | of Public Safety, the Federal Bureau of Investigation, and any |
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| 33 | 31 | | other criminal justice agency under Chapter 411, Government Code. |
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| 34 | 32 | | (d) The department may: |
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| 35 | 33 | | (1) enter into an agreement with the Department of |
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| 36 | 34 | | Public Safety to administer a criminal history record information |
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| 37 | 35 | | check required under this section; and |
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| 38 | 36 | | (2) authorize the Department of Public Safety to |
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| 39 | 37 | | collect from each applicant the costs incurred by the Department of |
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| 40 | 38 | | Public Safety in conducting the criminal history record information |
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| 41 | 39 | | check. |
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| 42 | | - | (e) For purposes of this section, if the applicant for a |
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| 43 | | - | license is an entity, the applicant must submit fingerprints as |
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| 44 | | - | required by Subsection (a) for each individual who: |
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| 45 | | - | (1) personally or constructively holds, including as |
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| 46 | | - | the beneficiary of a trust: |
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| 47 | | - | (A) at least 10 percent of the entity's |
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| 48 | | - | outstanding stock; or |
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| 49 | | - | (B) more than $25,000 of the fair market value of |
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| 50 | | - | the entity; |
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| 51 | | - | (2) has the controlling interest in the entity; |
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| 52 | | - | (3) has a direct or indirect participating interest |
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| 53 | | - | through shares, stock, or otherwise, regardless of whether voting |
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| 54 | | - | rights are included, of more than 10 percent of the profits, |
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| 55 | | - | proceeds, or capital gains of the entity; |
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| 56 | | - | (4) is a member of the board of directors or other |
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| 57 | | - | governing body of the entity; or |
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| 58 | | - | (5) serves as: |
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| 59 | | - | (A) an elected officer of the entity; or |
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| 60 | | - | (B) a general manager of the entity. |
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| 61 | 40 | | SECTION 2. The heading to Section 455.160, Occupations |
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| 62 | 41 | | Code, is amended to read as follows: |
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| 63 | 42 | | Sec. 455.160. LICENSE TERM AND RENEWAL; CRIMINAL HISTORY |
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| 64 | 43 | | RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL. |
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| 65 | 44 | | SECTION 3. Section 455.160, Occupations Code, is amended by |
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| 66 | 45 | | adding Subsections (b), (c), and (d) to read as follows: |
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| 67 | 46 | | (b) A license holder renewing a license issued under this |
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| 68 | 47 | | chapter shall submit a complete and legible set of fingerprints for |
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| 69 | 48 | | purposes of performing a criminal history record information check |
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| 70 | 49 | | of the license holder as provided by Section 455.1525. |
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| 71 | 50 | | (c) The department may administratively suspend or refuse |
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| 72 | 51 | | to renew the license of a person who does not comply with the |
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| 73 | 52 | | requirement of Subsection (b). |
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| 74 | 53 | | (d) A license holder is not required to submit fingerprints |
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| 75 | 54 | | under this section for the renewal of the license if the license |
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| 76 | 55 | | holder has previously submitted fingerprints under: |
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| 77 | 56 | | (1) Section 455.1525 for the initial issuance of the |
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| 78 | 57 | | license; or |
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| 79 | 58 | | (2) this section as part of a prior license renewal. |
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| 80 | 59 | | SECTION 4. Section 455.160(h), Occupations Code, is |
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| 81 | 60 | | repealed. |
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| 90 | | - | (b) Not later than September 1, 2021, the Texas Department |
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| 91 | | - | of Licensing and Regulation shall obtain criminal history record |
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| 92 | | - | information on each person who, on the effective date of this Act, |
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| 93 | | - | holds a license issued under Chapter 455, Occupations Code, and did |
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| 94 | | - | not undergo a criminal history record information check based on |
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| 95 | | - | the license holder's fingerprints on initial application for the |
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| 96 | | - | license. The department may suspend the license of a license holder |
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| 97 | | - | who does not provide the criminal history record information as |
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| 98 | | - | required by the department and this subsection. |
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