By Allen H.B. No. 2428
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal history record information maintained by and
1-3 disseminated from the Department of Public Safety.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (3) and (4), Section 411.082,
1-6 Subchapter F, Chapter 411, Government Code, are amended to read as
1-7 follows:
1-8 (3) "Criminal justice agency" means:
1-9 (A) a <federal or state> government agency or, any
1-10 subunit thereof, that is engaged in the administration of criminal
1-11 justice under a statute or executive order and that allocates a
1-12 substantial portion of its annual budget to the administration of
1-13 criminal justice; or
1-14 (B) a nongovernmental railroad or campus police
1-15 department that has obtained an originating agency identifier from
1-16 the Federal Bureau of Investigation; or
1-17 (C) courts.
1-18 (4) "Criminal justice purpose" means:
1-19 (A) an activity by a criminal justice agency
1-20 that is included in the administration of criminal justice; or
1-21 (B) screening of applicants for employment with
1-22 a criminal justice agency.
1-23 SECTION 2. Section 411.089, Subchapter F, Chapter 411,
2-1 Government Code, is amended to read as follows:
2-2 (a) A criminal justice agency is entitled to obtain from the
2-3 department any criminal history record information maintained by
2-4 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 criminal justice agency,> if such release is
2-11 for a criminal justice purpose; <and> or
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, Subchapter F, Chapter 411,
2-16 Government Code, is amended by adding Subsection (c) to read as
2-17 follows:
2-18 (c) A criminal justice agency may provide the
2-19 record-of-conviction information obtained from the department to
2-20 any political subdivision that either employs or has the duty and
2-21 responsibility of licensing and regulating drivers of public
2-22 transportation vehicles.
2-23 SECTION 4. This Act takes effect September 1, 1995.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and imperative public necessity that the constitutional
3-2 rule requiring bills to be read on three several days in each house
3-3 be suspended, and this rule is hereby suspended.