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.