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).