Bill Text: TX HB1095 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the imposition of certain criminal history record information requirements regarding the licensing of massage therapy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-12 - Committee report sent to Calendars [HB1095 Detail]
Download: Texas-2019-HB1095-Comm_Sub.html
| 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 | ||
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| 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 [ |
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| 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 [ |
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| (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. | ||
