JWW C.S.S.B. 964 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.S.B. 964 By: Ratliff (Junell/Hochberg) 5-6-97 Committee Report (Substituted) BACKGROUND Currently, the State Board of Medical Examiners, the State Board of Dental Examiners, the State Board of Pharmacy, the State Board of Podiatric Medical Examiners, and the State Board of Veterinary Medical Examiners are required to submit names of all licensees to the Department of Public Safety (DPS) on a monthly basis so that DPS can perform monthly criminal history checks. This bill amends current law to require these criminal history checks to be performed on a yearly basis rather than on a monthly basis. In addition, this bill allows DPS to charge the licensing agency a fee for each computer match performed. PURPOSE This bill requires the Department of Public Safety (DPS) to perform a computer match of the licensing list against the convictions maintained in the computerized criminal history system. In addition, this bill authorizes DPS to charge the licensing agency a fee, not to exceed the actual cost of performing the department's duties, for each computer match. 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 Article 60.061, Code of Criminal Procedure, as follows: (a) The Texas Board of Medical Examiners, the Texas State Board of Podiatric Medical Examiners, the State Board of Dental Examiners, the State Board of Pharmacy, and the State Board of Veterinary Medical examiners are required to provide the Department of Public Safety through electronic means, a list of persons licensed by each agency. The information provided will include the name, date of birth, and any other personal descriptive information required by the the department for each person licensed by the agency. This information is required to be provided at least annually, but not more often than quarterly. (b) Requires the Department of Public Safety (DPS) to perform a computer match of the licensing list against the convictions maintained in the computerized criminal history system. (c) In order to balance the department's workload, DPS may establish a schedule for the voluntary provision of lists submitted by an agency under Subsection (a). (d) DPS may not charge or assess a fee under this article, or Chapter 411, Government Code, to an agency providing information to the department under Subsection (a) that is in excess of the actual direct cost incurred by the department in performing the department's duties. SECTION 2 Effective Date: September 1, 1997. SECTION 3 Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The caption is amended to state that the Act relates to a computerized criminal history search by the Department of Public Safety of persons licensed by certain state agencies. SECTION 1 (a) This subsection is amended by adding language stating that at least annually, but not more often than quarterly, the agencies listed must provide information to the Department of Public Safety with information required by the department regarding each person licensed by the agency. The last sentence of this subsection is deleted. (b) Strikes "at least yearly". (c) This subsection is added. The original Subsection (c) is redesignated as Subsection (e). (d) This subsection is added. (e) Formerly Subsection (c).