Texas 2019 - 86th Regular

Texas Senate Bill SB1931 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Zaffirini S.B. No. 1931
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of the Texas Commission on Environmental
7	7	Quality to conduct background checks.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.122(d), Government Code, is amended
10	10	to read as follows:
11	11	(d) The following state agencies are subject to this
12	12	section:
13	13	(1) Texas Appraiser Licensing and Certification
14	14	Board;
15	15	(2) Texas Board of Architectural Examiners;
16	16	(3) Texas Board of Chiropractic Examiners;
17	17	(4) State Board of Dental Examiners;
18	18	(5) Texas Board of Professional Engineers;
19	19	(6) Texas Funeral Service Commission;
20	20	(7) Texas Board of Professional Geoscientists;
21	21	(8) Department of State Health Services, except as
22	22	provided by Section 411.110, and agencies attached to the
23	23	department, including:
24	24	(A) Texas State Board of Examiners of Marriage
25	25	and Family Therapists;
26	26	(B) Texas State Board of Examiners of
27	27	Professional Counselors; and
28	28	(C) Texas State Board of Social Worker Examiners;
29	29	(9) Texas Board of Professional Land Surveying;
30	30	(10) Texas Department of Licensing and Regulation,
31	31	except as provided by Section 411.093;
32	32	(11) [Texas Commission on Environmental Quality;
33	33	[(12)] Texas Board of Occupational Therapy Examiners;
34	34	(12) [(13)] Texas Optometry Board;
35	35	(13) [(14)] Texas State Board of Pharmacy;
36	36	(14) [(15)] Texas Board of Physical Therapy
37	37	Examiners;
38	38	(15) [(16)] Texas State Board of Plumbing Examiners;
39	39	(16) [(17)] Texas State Board of Podiatric Medical
40	40	Examiners;
41	41	(17) [(18)] Texas State Board of Examiners of
42	42	Psychologists;
43	43	(18) [(19)] Texas Real Estate Commission;
44	44	(19) [(20)] Texas Department of Transportation;
45	45	(20) [(21)] State Board of Veterinary Medical
46	46	Examiners;
47	47	(21) [(22)] Texas Department of Housing and Community
48	48	Affairs;
49	49	(22) [(23)] secretary of state;
50	50	(23) [(24)] state fire marshal;
51	51	(24) [(25)] Texas Education Agency;
52	52	(25) [(26)] Department of Agriculture; and
53	53	(26) [(27)] Texas Department of Motor Vehicles.
54	54	SECTION 2. Subchapter F, Chapter 411, Government Code, is
55	55	amended by adding Section 411.1221 to read as follows:
56	56	Sec. 411.1221. ACCESS TO CRIMINAL HISTORY RECORD
57	57	INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) In
58	58	this section:
59	59	(1) "Commission" means the Texas Commission on
60	60	Environmental Quality.
61	61	(2) "Person" does not include a governmental entity.
62	62	(b) The commission is entitled to obtain from the department
63	63	criminal history record information maintained by the department
64	64	that relates to a person who:
65	65	(1) is an applicant for:
66	66	(A) an occupational license from the commission;
67	67	or
68	68	(B) a permit described by Subsection (c) from the
69	69	commission;
70	70	(2) is the holder of:
71	71	(A) an occupational license from the commission;
72	72	or
73	73	(B) a permit described by Subsection (c) from the
74	74	commission; or
75	75	(3) requests a determination of eligibility for:
76	76	(A) an occupational license from the commission;
77	77	or
78	78	(B) a permit described by Subsection (c) from the
79	79	commission.
80	80	(c) Subsections (b)(1)(B), (b)(2)(B), and (b)(3)(B) apply
81	81	to permits issued by the commission under:
82	82	(1) Chapters 361, 382, and 401, Health and Safety
83	83	Code; and
84	84	(2) Chapters 26 and 27, Water Code.
85	85	(d) If the person described by Subsection (b) is not an
86	86	individual, the commission is entitled to obtain from the
87	87	department criminal history record information maintained by the
88	88	department that relates to any individual who owns an interest in or
89	89	exercises control over the person described by Subsection (b).
90	90	SECTION 3. Subchapter D, Chapter 5, Water Code, is amended
91	91	by adding Section 5.1021 to read as follows:
92	92	Sec. 5.1021. BACKGROUND CHECKS. (a) In evaluating an
93	93	application for the issuance or renewal of, or a request for a
94	94	determination of eligibility for, a permit described by Subsection
95	95	(b), the commission may:
96	96	(1) obtain the criminal history record information of
97	97	the applicant or requestor, or of any individual who owns an
98	98	interest in or exercises control over the applicant or requestor,
99	99	as described by Section 411.1221, Government Code; and
100	100	(2) conduct a business background check of the
101	101	applicant or requestor, or of any individual who owns an interest in
102	102	or exercises control over the applicant or requestor.
103	103	(b) Except as provided by Subsection (c), Subsection (a)
104	104	applies to permits issued by the commission under:
105	105	(1) Chapters 361, 382, and 401, Health and Safety
106	106	Code; and
107	107	(2) Chapters 26 and 27 of this code.
108	108	(c) This section does not apply to applications or requests
109	109	by governmental entities.
110	110	(d) This section may not be construed or applied in a manner
111	111	that interferes with the authority of the Commission to carry out
112	112	criminal background checks pursuant to Chapter 53, Texas
113	113	Occupations Code, within the Commission's occupational licensing
114	114	programs as described in Chapter 37, Texas Water Code.
115	115	(e) The commission may adopt rules to implement this
116	116	section.
117	117	SECTION 4. The changes in law made by this Act apply only to
118	118	an application for the issuance or renewal of, or a request for a
119	119	determination of eligibility for, a permit submitted to the Texas
120	120	Commission on Environmental Quality on or after the effective date
121	121	of this Act. An application or request submitted before the
122	122	effective date of this Act is governed by the law in effect on the
123	123	date the application or request was submitted, and the former law is
124	124	continued in effect for that purpose.
125	125	SECTION 5. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2019.