By Hochberg H.B. No. 2592
Substitute the following for H.B. No. 2592:
By Oakley C.S.H.B. No. 2592
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a computerized criminal history search by the
1-3 Department of Public Safety of persons licensed by certain state
1-4 agencies.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 60.061, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 60.061. Information on persons licensed by certain
1-9 agencies. (a) The Texas State Board of Medical Examiners, the
1-10 Texas State Board of Podiatry Examiners, the State Board of Dental
1-11 Examiners, the State Board of Pharmacy, <and> the State Board of
1-12 Veterinary Medical Examiners, and any state agency entitled to
1-13 receive criminal history record information under Subchapter F,
1-14 Chapter 411, Government Code, and that may take disciplinary action
1-15 against a person licensed or otherwise regulated by the agency for
1-16 engaging in a criminal act <shall> may, no more often than
1-17 quarterly, provide to the Department of Public Safety through
1-18 electronic means, magnetic tape, or disk, as specified by the
1-19 department, a list including the name, date of birth, and any other
1-20 personal descriptive information required by the department for
1-21 each person licensed by the respective agency. <Each agency shall
1-22 update this information and submit to the Department of Public
1-23 Safety the updated information monthly>.
2-1 (b) The Department of Public Safety may establish a schedule
2-2 for the voluntary provision of such lists by agencies for the
2-3 purpose of balancing its workload.
2-4 (c) The Department of Public Safety shall perform <at least
2-5 monthly> a computer match of the licensing list against the
2-6 convictions maintained in the computerized criminal history system.
2-7 The Department of Public Safety shall report to the appropriate
2-8 licensing agency for verification and administrative action, as
2-9 considered appropriate by the licensing agency, the name of any
2-10 person found to have a record of conviction, except a defendant
2-11 whose prosecution is deferred during a period of community
2-12 supervision <probation> without an adjudication or plea of guilt.
2-13 (d) The transmission of information by electronic means
2-14 under Subsection (a) of this article does not affect whether the
2-15 information is subject to disclosure under Chapter 552, Government
2-16 Code <the open records law, Chapter 424, Acts of the 63rd
2-17 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
2-18 Texas Civil Statutes)>.
2-19 (e) The Department of Public Safety may not charge or assess
2-20 a fee under this article to an agency providing information to the
2-21 department under Subsection (a) of this article for performing the
2-22 department's duties under this article.
2-23 SECTION 2. (a) In addition to changes in the law made by
2-24 this Act relating to the use by certain state agencies of the
2-25 computerized criminal history search system of the Department of
3-1 Public Safety, this Act conforms the Code of Criminal Procedure
3-2 regarding criminal history searches to changes in the law made by
3-3 Section 38, Chapter 790, and Section 2, Chapter 1025, Acts of the
3-4 73rd Legislature, Regular Session, 1993.
3-5 (b) Section 38, Chapter 790, and Section 2, Chapter 1025,
3-6 Acts of the 73rd Legislature, Regular Session, 1993, are repealed.
3-7 (c) To the extent of any conflict, this Act prevails over
3-8 another Act of the 74th Legislature, Regular Session, 1995,
3-9 relating to nonsubstantive additions to and corrections in enacted
3-10 codes.
3-11 SECTION 3. This Act takes effect September 1, 1995.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.