By Allen H.B. No. 2428
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the maintenance and use of certain criminal history
1-3 record information.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 411.082(3) and (4), Government Code, are
1-6 amended to read as follows:
1-7 (3) "Criminal justice agency" means:
1-8 (A) a government <federal or state> agency, or
1-9 any subunit thereof, that is engaged in the administration of
1-10 criminal justice under a statute or executive order and that
1-11 allocates a substantial portion of its annual budget to the
1-12 administration of criminal justice; <or>
1-13 (B) a nongovernmental railroad or campus police
1-14 department that has obtained an originating agency identifier from
1-15 the Federal Bureau of Investigation; or
1-16 (C) courts.
1-17 (4) "Criminal justice purpose" means:
1-18 (A) an activity by a criminal justice agency
1-19 that is included in the administration of criminal justice; or
1-20 (B) screening of applicants for employment with
1-21 a criminal justice agency.
1-22 SECTION 2. Section 411.089, Government Code, is amended to
1-23 read as follows:
2-1 Sec. 411.089. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2-2 CRIMINAL JUSTICE AGENCY. (a) A criminal justice agency is
2-3 entitled to obtain from the department any criminal history record
2-4 information maintained by the department about a person.
2-5 (b) Criminal history record information obtained under
2-6 Subsection (a) may be used by the criminal justice agency for
2-7 criminal justice purposes.
2-8 (c) Criminal history record information obtained under
2-9 Subsection (a) may be released by the criminal justice agency:
2-10 (1) <to any other criminal justice agency,> if such
2-11 release is for a criminal justice purpose; or <and>
2-12 (2) through audio response terminals and radio
2-13 devices, whether digital or voice, if such dissemination is in
2-14 accordance with rules promulgated by the department.
2-15 SECTION 3. Section 411.124, Government Code, is amended by
2-16 adding Subsection (c) to read as follows:
2-17 (c) A criminal justice agency may provide the
2-18 record-of-conviction information obtained from the department to
2-19 any political subdivision that either employs or has the duty and
2-20 responsibility of licensing and regulating drivers of public
2-21 transportation vehicles.
2-22 SECTION 4. Article 60.061, Code of Criminal Procedure, is
2-23 amended to read as follows:
2-24 Art. 60.061. INFORMATION ON PERSONS LICENSED BY CERTAIN
2-25 AGENCIES. (a) The Texas State Board of Medical Examiners, the
3-1 Texas State Board of Podiatry Examiners, the State Board of Dental
3-2 Examiners, the Texas State Board of Pharmacy, <and> the State Board
3-3 of Veterinary Medical Examiners, and any state agency entitled to
3-4 receive criminal history record information under Subchapter F,
3-5 Chapter 411, Government Code, and that may take disciplinary action
3-6 against a person licensed or otherwise regulated by the agency for
3-7 engaging in a criminal act may, not more than once every three
3-8 months, <shall> provide to the Department of Public Safety through
3-9 electronic means, magnetic tape, or disk, as specified by the
3-10 department, a list including the name, date of birth, and any other
3-11 personal descriptive information required by the department for
3-12 each person licensed by the respective agency. <Each agency shall
3-13 update this information and submit to the Department of Public
3-14 Safety the updated information monthly.>
3-15 (b) The Department of Public Safety may establish a schedule
3-16 for the voluntary provision of information to the department under
3-17 Subsection (a) of this article to balance the department's
3-18 workload.
3-19 (c) The Department of Public Safety shall perform <at least
3-20 monthly> a computer match of the licensing list against the
3-21 convictions maintained in the computerized criminal history system.
3-22 The Department of Public Safety shall report to the appropriate
3-23 licensing agency for verification and administrative action, as
3-24 considered appropriate by the licensing agency, the name of any
3-25 person found to have a record of conviction, except a defendant
4-1 whose prosecution is deferred during a period of community
4-2 supervision <probation> without an adjudication or plea of guilt.
4-3 (d) <(c)> The transmission of information by electronic
4-4 means under Subsection (a) of this article does not affect whether
4-5 the information is subject to disclosure under Chapter 552,
4-6 Government Code <the open records law, Chapter 424, Acts of the
4-7 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
4-8 Texas Civil Statutes)>.
4-9 (e) The Department of Public Safety may not charge or assess
4-10 a fee under this article to an agency providing information to the
4-11 department under Subsection (a) of this article for performing the
4-12 department's duties under this article.
4-13 (f) A criminal justice agency that provides information to a
4-14 political subdivision under Section 411.124(c), Government Code,
4-15 may provide to and receive from the Department of Public Safety
4-16 requests for or results of a criminal history information search in
4-17 the same manner as described in Subsections (a)-(e) of this
4-18 article.
4-19 SECTION 5. (a) The Private Investigators and Private
4-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-21 Statutes) is amended by adding Section 39A to read as follows:
4-22 Sec. 39A. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BASED
4-23 ON CRIMINAL HISTORY BACKGROUND CHECK. (a) The board may obtain
4-24 any criminal history record relating to an applicant for a license
4-25 or a license holder regulated under this Act that is maintained by
5-1 the Department of Public Safety and the Federal Bureau of
5-2 Investigation. The board shall deny an application for a person
5-3 who does not provide two complete sets of fingerprints on forms
5-4 prescribed by the board or fails to pay any required fee under this
5-5 section.
5-6 (b) The board shall suspend a license, registration,
5-7 security officer commission, letter of approval, or permit issued
5-8 to an individual under this Act if the board receives written
5-9 notification from the Department of Public Safety or any other law
5-10 enforcement agency that the individual has been arrested for or
5-11 charged with a felony or a misdemeanor involving moral turpitude.
5-12 (c) The board shall deny an application for a license,
5-13 registration, security officer commission, letter of approval, or
5-14 permit for an individual if the board receives written notification
5-15 from the Department of Public Safety or any other law enforcement
5-16 agency that the individual has been arrested for or charged with a
5-17 felony or a misdemeanor involving moral turpitude.
5-18 (d) A license, security officer commission, registration,
5-19 letter of approval, or permit is conditional on the board's receipt
5-20 of criminal history information from the Department of Public
5-21 Safety and shall be denied, suspended, or revoked if the board
5-22 receives information from the Federal Bureau of Investigation or
5-23 any other law enforcement agency that the individual or applicant
5-24 has a record of having committed a criminal offense.
5-25 (b) Section 39A, The Private Investigators and Private
6-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
6-2 Statutes), as added by this Act, applies only to an arrest for or
6-3 charge of a felony or a misdemeanor involving moral turpitude that
6-4 occurs on or after the effective date of this Act. An arrest for
6-5 or charge of a felony or a misdemeanor involving moral turpitude
6-6 that occurs before the effective date of this Act is governed by
6-7 The Private Investigators and Private Security Agencies Act
6-8 (Article 4413(29bb), Vernon's Texas Civil Statutes) as it existed
6-9 on the date of the arrest or charge, and the former law is
6-10 continued in effect for that purpose.
6-11 SECTION 6. (a) In addition to changes in the law made by
6-12 this Act relating to the use by certain state agencies of the
6-13 computerized criminal history search system of the Department of
6-14 Public Safety, this Act conforms the Code of Criminal Procedure
6-15 regarding criminal history searches to changes in the law made by
6-16 Section 38, Chapter 790, and Section 2, Chapter 1025, Acts of the
6-17 73rd Legislature, Regular Session, 1993.
6-18 (b) Section 38, Chapter 790, and Section 2, Chapter 1025,
6-19 Acts of the 73rd Legislature, Regular Session, 1993, are repealed.
6-20 SECTION 7. This Act takes effect September 1, 1995.
6-21 SECTION 8. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.