Bill Text: TX SB1931 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority of the Texas Commission on Environmental Quality to conduct background checks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-11 - Left pending in committee [SB1931 Detail]
Download: Texas-2019-SB1931-Introduced.html
By: Zaffirini | S.B. No. 1931 | |
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relating to the authority of the Texas Commission on Environmental | ||
Quality to conduct background checks. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.122(d), Government Code, is amended | ||
to read as follows: | ||
(d) The following state agencies are subject to this | ||
section: | ||
(1) Texas Appraiser Licensing and Certification | ||
Board; | ||
(2) Texas Board of Architectural Examiners; | ||
(3) Texas Board of Chiropractic Examiners; | ||
(4) State Board of Dental Examiners; | ||
(5) Texas Board of Professional Engineers; | ||
(6) Texas Funeral Service Commission; | ||
(7) Texas Board of Professional Geoscientists; | ||
(8) Department of State Health Services, except as | ||
provided by Section 411.110, and agencies attached to the | ||
department, including: | ||
(A) Texas State Board of Examiners of Marriage | ||
and Family Therapists; | ||
(B) Texas State Board of Examiners of | ||
Professional Counselors; and | ||
(C) Texas State Board of Social Worker Examiners; | ||
(9) Texas Board of Professional Land Surveying; | ||
(10) Texas Department of Licensing and Regulation, | ||
except as provided by Section 411.093; | ||
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Examiners; | ||
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Examiners; | ||
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Psychologists; | ||
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Examiners; | ||
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Affairs; | ||
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SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1221 to read as follows: | ||
Sec. 411.1221. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) In | ||
this section: | ||
(1) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(2) "Person" does not include a governmental entity. | ||
(b) The commission is entitled to obtain from the department | ||
criminal history record information maintained by the department | ||
that relates to a person who: | ||
(1) is an applicant for: | ||
(A) an occupational license from the commission; | ||
or | ||
(B) a permit described by Subsection (c) from the | ||
commission; | ||
(2) is the holder of: | ||
(A) an occupational license from the commission; | ||
or | ||
(B) a permit described by Subsection (c) from the | ||
commission; or | ||
(3) requests a determination of eligibility for: | ||
(A) an occupational license from the commission; | ||
or | ||
(B) a permit described by Subsection (c) from the | ||
commission. | ||
(c) Subsections (b)(1)(B), (b)(2)(B), and (b)(3)(B) apply | ||
to permits issued by the commission under: | ||
(1) Chapters 361, 382, and 401, Health and Safety | ||
Code; and | ||
(2) Chapters 26 and 27, Water Code. | ||
(d) If the person described by Subsection (b) is not an | ||
individual, the commission is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that relates to any individual who owns an interest in or | ||
exercises control over the person described by Subsection (b). | ||
SECTION 3. Subchapter D, Chapter 5, Water Code, is amended | ||
by adding Section 5.1021 to read as follows: | ||
Sec. 5.1021. BACKGROUND CHECKS. (a) In evaluating an | ||
application for the issuance or renewal of, or a request for a | ||
determination of eligibility for, a permit described by Subsection | ||
(b), the commission may: | ||
(1) obtain the criminal history record information of | ||
the applicant or requestor, or of any individual who owns an | ||
interest in or exercises control over the applicant or requestor, | ||
as described by Section 411.1221, Government Code; and | ||
(2) conduct a business background check of the | ||
applicant or requestor, or of any individual who owns an interest in | ||
or exercises control over the applicant or requestor. | ||
(b) Except as provided by Subsection (c), Subsection (a) | ||
applies to permits issued by the commission under: | ||
(1) Chapters 361, 382, and 401, Health and Safety | ||
Code; and | ||
(2) Chapters 26 and 27 of this code. | ||
(c) This section does not apply to applications or requests | ||
by governmental entities. | ||
(d) This section may not be construed or applied in a manner | ||
that interferes with the authority of the Commission to carry out | ||
criminal background checks pursuant to Chapter 53, Texas | ||
Occupations Code, within the Commission's occupational licensing | ||
programs as described in Chapter 37, Texas Water Code. | ||
(e) The commission may adopt rules to implement this | ||
section. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
an application for the issuance or renewal of, or a request for a | ||
determination of eligibility for, a permit submitted to the Texas | ||
Commission on Environmental Quality on or after the effective date | ||
of this Act. An application or request submitted before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the application or request was submitted, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |