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�	H.B.�No.�2917

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�	AN ACT
�	relating to authorizing the Department of State Health Services to
�	obtain criminal history record information for certain applicants
�	for employment.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��Section 411.110, Government Code, is amended by
�	amending Subsections (a), (c), and (d) and adding Subsection (f) to
�	read as follows:
�	�������(a)��The Department of State Health Services is entitled to
�	obtain from the department criminal history record information
�	maintained by the department that relates to:
�	�������������(1)��a person who is:
�	�������������������(A)��an applicant for a license or certificate
�	under the Emergency Medical Services Act (Chapter 773, Health and
�	Safety Code);
�	�������������������(B)��an owner or manager of an applicant for an
�	emergency medical services provider license under that Act; or
�	�������������������(C)��the holder of a license or certificate under
�	that Act;
�	�������������(2)��an applicant for a license or a license holder
�	under Subchapter N, Chapter 431, Health and Safety Code; [or]
�	�������������(3)��an applicant for a license, the owner or manager of
�	an applicant for a massage establishment license, or a license
�	holder under Chapter 455, Occupations Code;
�	�������������(4)��an applicant for employment at or current employee
�	of:
�	�������������������(A)��the Texas Center for Infectious Disease; or
�	�������������������(B)��the South Texas Health Care System; or
�	�������������(5)��an applicant for employment at, current employee
�	of, or person who contracts or may contract to provide goods or
�	services with:
�	�������������������(A)��the vital statistics unit of the Department
�	of State Health Services; or
�	�������������������(B)��the Council on Sex Offender Treatment or
�	other division or component of the Department of State Health
�	Services that monitors sexually violent predators as described by
�	Section 841.003(a), Health and Safety Code.
�	�������(c)��After an entity is licensed or certified, the Department
�	of State Health Services shall destroy the criminal history record
�	information that relates to that entity. �The Department of State
�	Health Services shall destroy the criminal history record
�	information that relates to:
�	�������������(1)��an applicant for employment after that applicant
�	is employed or, for an applicant who is not employed, after the
�	check of the criminal history record information on that applicant
�	is completed; or
�	�������������(2)��an employee or contractor after the check of the
�	criminal history record information on that employee or contractor
�	is completed.
�	�������(d)��The Department of State Health Services shall destroy
�	criminal history record information that relates to an applicant
�	who�[that] is not certified or employed, as applicable.
�	�������(f)��The Department of State Health Services may not consider
�	offenses for which points are assessed under Section 708.052,
�	Transportation Code, to determine whether to hire or retain an
�	employee or to contract with a person on whom criminal history
�	record information is obtained under this section.
�	�������SECTION�2.��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, 2009.
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�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
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�	�������I certify that H.B. No. 2917 was passed by the House on May
�	15, 2009, by the following vote:��Yeas 144, Nays 0, 1 present, not
�	voting; that the House refused to concur in Senate amendments to
�	H.B. No. 2917 on May 29, 2009, and requested the appointment of a
�	conference committee to consider the differences between the two
�	houses; and that the House adopted the conference committee report
�	on H.B. No. 2917 on May 31, 2009, by the following vote:��Yeas 137,
�	Nays 0, 1 present, not voting.
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�	______________________________
�	Chief Clerk of the House���
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�	�������I certify that H.B. No. 2917 was passed by the Senate, with
�	amendments, on May 26, 2009, by the following vote:��Yeas 31, Nays
�	0; at the request of the House, the Senate appointed a conference
�	committee to consider the differences between the two houses; and
�	that the Senate adopted the conference committee report on H.B. No.
�	2917 on May 31, 2009, by the following vote:��Yeas 31, Nays 0.
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�	______________________________
�	Secretary of the Senate���
�	APPROVED: __________________
�	����������������Date�������
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�	�������� __________________
�	��������������Governor�������