By Hochberg                                           H.B. No. 2761
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the criminal history records system and to record
    1-3  keeping and reporting requirements of certain agencies and district
    1-4  courts.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article 60.01, Code of Criminal Procedure, is
    1-7  amended by adding Subdivision (16) to read as follows:
    1-8              (16)  "Electronic means" means the transmission of data
    1-9  between word processors, data processors, or similar automated
   1-10  information equipment over dedicated cables, commercial lines, or
   1-11  other similar methods of transmission.
   1-12        SECTION 2.  Chapter 60, Code of Criminal Procedure, is
   1-13  amended by adding Article 60.061 to read as follows:
   1-14        Art. 60.061.  INFORMATION ON PERSONS LICENSED BY CERTAIN
   1-15  AGENCIES.  (a)  The Texas State Board of Medical Examiners, the
   1-16  Texas State Board of Podiatry Examiners, the State Board of Dental
   1-17  Examiners, the Texas State Board of Pharmacy, and the State Board
   1-18  of Veterinary Medical Examiners shall provide to the Department of
   1-19  Public Safety through electronic means or disk or magnetic tape to
   1-20  be developed by the department a list including the name, date of
   1-21  birth, and any other personal descriptive information required by
   1-22  the department for each person licensed by the respective agency.
   1-23  Each agency shall update this information and submit to the
    2-1  Department of Public Safety the updated information monthly.
    2-2        (b)  The Department of Public Safety shall not less than
    2-3  monthly perform a computer match of the licensing list against the
    2-4  convictions maintained in the computerized criminal history system.
    2-5  The Department of Public Safety shall report to the appropriate
    2-6  licensing agency for verification and administrative action, as
    2-7  considered appropriate by the licensing agency, the name of any
    2-8  person found to have a record of conviction, except a defendant
    2-9  whose prosecution is deferred during a period of probation without
   2-10  an adjudication or plea of guilt.
   2-11        (c)  The transmission of information by electronic means
   2-12  under Subsection (a) of this article does not affect whether the
   2-13  information is subject to disclosure under the open records law,
   2-14  Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
   2-15  (Article 6252-17a, Vernon's Texas Civil Statutes).
   2-16        SECTION 3.  Article 60.07, Code of Criminal Procedure, is
   2-17  amended by adding Subsection (c) to read as follows:
   2-18        (c)  Subject to available telecommunications capacity, the
   2-19  Department of Public Safety shall develop the capability to receive
   2-20  by electronic means from a law enforcement agency the information
   2-21  on the uniform incident fingerprint card.  The information must be
   2-22  in a form that is compatible to the form required of data supplied
   2-23  to the criminal justice information system.
   2-24        SECTION 4.  Article 60.12(a), Code of Criminal Procedure, is
   2-25  amended to read as follows:
    3-1        (a)  The Department of Public Safety shall, when a
    3-2  jurisdiction transmits fingerprints and arrest information by a
    3-3  remote terminal accessing the statewide automated fingerprint
    3-4  identification system, use that transmission either to create a
    3-5  permanent record in the criminal justice information system or to
    3-6  create a temporary arrest record in the criminal justice
    3-7  information system to be maintained by the department until the
    3-8  department receives and processes the physical copy of the arrest
    3-9  information.
   3-10        SECTION 5.  Chapter 60, Code of Criminal Procedure, is
   3-11  amended by adding Article 60.18 to read as follows:
   3-12        Art. 60.18.  INFORMATION ON SUBSEQUENT ARREST OF CERTAIN
   3-13  INDIVIDUALS.  The Texas Department of Criminal Justice and the
   3-14  Department of Public Safety shall develop the capability to send to
   3-15  a community supervision and corrections department, district parole
   3-16  office, and county data processing department by electronic means
   3-17  information about the subsequent arrest of a person under the
   3-18  supervision of the office or department.
   3-19        SECTION 6.  Section 413.009, Government Code, is amended to
   3-20  read as follows:
   3-21        Sec. 413.009.  Duties of Policy Council.  To accomplish its
   3-22  duties the policy council shall:
   3-23              (1)  conduct an in-depth analysis of the criminal
   3-24  justice system;
   3-25              (2)  determine the long-range needs of the criminal
    4-1  justice system and recommend policy priorities for the system;
    4-2              (3)  identify critical problems in the criminal justice
    4-3  system and recommend strategies to solve those problems;
    4-4              (4)  assess the cost-effectiveness of the use of state
    4-5  and local funds in the criminal justice system;
    4-6              (5)  recommend the goals, priorities, and standards for
    4-7  the allocation of criminal justice planning funds administered by
    4-8  the criminal justice division;
    4-9              (6)  recommend means to improve the deterrent and
   4-10  rehabilitative capabilities of the criminal justice system;
   4-11              (7)  advise and assist the legislature in developing
   4-12  plans, programs, and proposed legislation for improving the
   4-13  effectiveness of the criminal justice system;
   4-14              (8)  make computations of daily costs and compare
   4-15  interagency costs on services provided by agencies that are a part
   4-16  of the criminal justice system;
   4-17              (9)  make population computations for use in planning
   4-18  for the long-range needs of the criminal justice system;
   4-19              (10)  determine long-range information needs of the
   4-20  criminal justice system and acquire that information; and
   4-21              (11)  engage in other activities consistent with the
   4-22  responsibilities of the policy council<; and>
   4-23              <(12)  implement the criminal justice data report>.
   4-24        SECTION 7.  Section 5.07, Medical Practice Act (Article
   4-25  4495b, Vernon's Texas Civil Statutes), is amended to read as
    5-1  follows:
    5-2        Sec. 5.07.  Report of certain convictions or determinations.
    5-3  (a)  Within 30 days after the initial conviction or the initial
    5-4  finding of the trier of fact of guilt of a person known to be a
    5-5  physician, licensed or otherwise lawfully practicing in this state
    5-6  or applying to be so licensed to practice, of a felony, a
    5-7  misdemeanor involving moral turpitude, a violation of state or
    5-8  federal narcotics or controlled substance laws, or an offense
    5-9  involving fraud or abuse under the Medicare or Medicaid programs
   5-10  <or after a determination by a court that adjudges or includes a
   5-11  finding that a physician is mentally ill or mentally incompetent>,
   5-12  whether or not the conviction, adjudication, or finding is entered,
   5-13  withheld, or appealed under the laws of this state, the clerk of
   5-14  the court of record in which the conviction, adjudication, or
   5-15  finding was entered shall prepare and forward to the Department of
   5-16  Public Safety the information required under Chapter 60, Code of
   5-17  Criminal Procedure, for use in the computerized criminal history
   5-18  system.
   5-19        (b)  Not later than the 30th day after the date a court
   5-20  adjudges or finds that a physician is mentally ill or mentally
   5-21  incompetent, the clerk of the court of record in which the
   5-22  adjudication or finding was entered shall prepare and forward to
   5-23  the board a certified true and correct abstract of record,
   5-24  regardless of whether the adjudication or finding is later withheld
   5-25  or appealed <board a certified true and correct abstract of record
    6-1  of the court governing the case.  The abstract shall include the
    6-2  name and address of the physician or applicant, the nature of the
    6-3  offense committed, the sentence, and the judgment of the court.
    6-4  The board shall prepare the form of the abstract and shall
    6-5  distribute copies of it to all clerks of courts of record within
    6-6  this state with appropriate instructions for preparation and
    6-7  filing>.
    6-8        SECTION 8.  Sections 51.305 and 413.018, Government Code, are
    6-9  repealed.
   6-10        SECTION 9.  Article 60.051(a), Code of Criminal Procedure, is
   6-11  amended to read as follows:
   6-12        (a)  Information in the computerized criminal history system
   6-13  relating to an offender must include:
   6-14              (1)  the offender's name, including other names by
   6-15  which the offender is known;
   6-16              (2)  the offender's date of birth;
   6-17              (3)  the offender's physical description, including
   6-18  sex, weight, height, race, ethnicity, eye color, hair color, scars,
   6-19  marks, and tattoos; and
   6-20              (4)  the offender's state identification number.
   6-21        SECTION 10.  The Department of Public Safety shall develop
   6-22  the capability to receive or send the information by the means
   6-23  required by Articles 60.061, 60.07(c), and 60.18, Code of Criminal
   6-24  Procedure, as added by this Act, not later than January 1, 1995.
   6-25        SECTION 11.  This Act takes effect September 1, 1993.
    7-1        SECTION 12.  The importance of this legislation and the
    7-2  crowded condition of the calendars in both houses create an
    7-3  emergency and an imperative public necessity that the
    7-4  constitutional rule requiring bills to be read on three several
    7-5  days in each house be suspended, and this rule is hereby suspended.