86R15287 SOS-D
By: Hernandez H.B. No. 1095
Substitute the following for H.B. No. 1095:
By: Hernandez C.S.H.B. No. 1095
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of certain criminal history record
information requirements regarding the licensing of 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 an applicant for a license to 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.
(e) For purposes of this section, if the applicant for a
license is an entity, the applicant must submit fingerprints as
required by Subsection (a) for each individual who:
(1) personally or constructively holds, including as
the beneficiary of a trust:
(A) at least 10 percent of the entity's
outstanding stock; or
(B) more than $25,000 of the fair market value of
the entity;
(2) has the controlling interest in the entity;
(3) has a direct or indirect participating interest
through shares, stock, or otherwise, regardless of whether voting
rights are included, of more than 10 percent of the profits,
proceeds, or capital gains of the entity;
(4) is a member of the board of directors or other
governing body of the entity; or
(5) serves as:
(A) an elected officer of the entity; or
(B) a general manager of the entity.
SECTION 2. The heading to Section 455.160, Occupations
Code, is amended to read as follows:
Sec. 455.160. LICENSE TERM AND RENEWAL; CRIMINAL HISTORY
RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.
SECTION 3. Section 455.160, Occupations Code, is amended by
adding Subsections (b), (c), and (d) to read as follows:
(b) A license holder 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 license holder as provided by Section 455.1525.
(c) The department may administratively suspend or refuse
to renew the license of a person who does not comply with the
requirement of Subsection (b).
(d) 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.
SECTION 4. Section 455.160(h), Occupations Code, is
repealed.
SECTION 5. (a) Sections 455.1525 and 455.160, Occupations
Code, as amended by this Act, apply only to an application for the
issuance or renewal of a license submitted to the Texas Department
of Licensing and Regulation on or after the effective date of this
Act. An application for the issuance or renewal of a license
submitted before the effective date of this Act 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.
(b) Not later than September 1, 2021, the Texas Department
of Licensing and Regulation shall obtain criminal history record
information on each person who, on the effective date of this Act,
holds a license issued under Chapter 455, Occupations Code, and did
not undergo a criminal history record information check based on
the license holder's fingerprints on initial application for the
license. The department may suspend the license of a license holder
who does not provide the criminal history record information as
required by the department and this subsection.
SECTION 6. This Act takes effect September 1, 2019.