NDT H.B. 1825 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES H.B. 1825 By: Goodman 4-14-97 Committee Report (Amended) BACKGROUND Currently, the State Bar of Texas has no authority to access criminal history information under Government Code Chapter 411. 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 (see attached summary of Subchapter F, Chapter 411, Government Code). A number of bills have been filed this session that would grant criminal history access to various entities under Chapter 411 (see attached bill tracking report). PURPOSE Criminal history record access would primarily assist the State Bar in enforcing and administering the rules of professional conduct during disciplinary proceedings involving licensed attorneys. The State Bar would also consider the information when reviewing applications of persons previously suspended or disbarred who are applying for readmission to practice law in Texas. The State Bar often conducts barratry and disciplinary investigations in cooperation with governmental bodies that have full access to criminal histories, including police agencies, prosecutor's offices, the Board of Medical Examiners, and the Board of Chiropractic Examiners. Under the current law, employees of the State Bar cannot use criminal history records information obtained by cooperating agencies. As proposed, H.B. 1825 would grant the State Bar of Texas access to 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. Criminal history information received by the State Bar would be confidential and used only in a proceeding conducted by the State Bar, Board of Disciplinary Appeals, or a court. The information would be destroyed promptly after a final determination is made in the matter for which it is obtained. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter F, Chapter 411, Government Code, as follows: Sec. 411.135. Is added, and entitles the State Bar of Texas to access criminal history record information maintained by the department relating to: (1) State Bar licensees who are the subjects of or involved in barratry or grievance proceedings; (2) witnesses in any disciplinary proceeding; or (3) an applicant for reinstatement to practice law. The section 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. The section also requires that the State Bar 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. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 added language for the General Counsel of the State Bar of Texas to be entitled to obtain information maintained from the department's criminal history records.