Bill Text: TX HB2072 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the eligibility and requirements for the issuance and renewal of a license in massage therapy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB2072 Detail]

Download: Texas-2017-HB2072-Comm_Sub.html
  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.
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