SRC-HRD H.B. 1825 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1825
By: Goodman (Duncan)
Jurisprudence
5-9-97
Engrossed


DIGEST 

Currently, the State Bar of Texas has no authority to access criminal
history information under Chapter 411, Government Code. This chapter gives
a number of governmental entities access to criminal history information
for purposes that include screening applicants for licenses, employees,
job applicants, and volunteers.  This bill would authorize the State Bar
to access such information for certain purposes.
                                                                         
PURPOSE

As proposed, H.B. 1825 authorizes the State Bar of Texas to access the
following criminal history record information: (1) information relating to
persons licensed by the state bar who are the subject of or involved in
investigations of barratry or professional misconduct; (2) information
relating to a witness in any disciplinary action or proceeding conducted
by the state bar, the Board of Disciplinary Appeals, or any court; and (3)
information relating to an applicant for reinstatement to practice law.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 411F, Government Code, by adding Section
411.135, as follows: 

Sec. 411.135.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE BAR
OF TEXAS.  (a)  Provides that the general counsel of the State Bar of
Texas is entitled to obtain from the Department of Public Safety of the
State of Texas (department) criminal history record information maintained
by the department that relates to certain persons. Provides that
information received by the state bar is confidential and may be
disseminated only in a disciplinary action or proceeding conducted by the
state bar, the Board of Disciplinary Appeals, or any court.  Requires the
state bar to destroy criminal history record information obtained under
this section promptly after a final determination is made in the matter
for which the information was obtained. 

SECTION 2. Emergency clause.
  Effective date: upon passage.