By Hochberg H.B. No. 2406
75R8369 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a computerized criminal history search by the
1-3 Department of Public Safety of persons licensed by certain state
1-4 agencies.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 60.061, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 60.061. INFORMATION ON PERSONS LICENSED BY CERTAIN
1-9 AGENCIES. (a) The Texas State Board of Medical Examiners, the
1-10 Texas State Board of Podiatric Medical Examiners, the State Board
1-11 of Dental Examiners, the State Board of Pharmacy, and the State
1-12 Board of Veterinary Medical Examiners may, not more often than
1-13 quarterly, [shall] provide to the Department of Public Safety
1-14 through electronic means, magnetic tape, or disk, as specified by
1-15 the department, a list including the name, date of birth, and any
1-16 other personal descriptive information required by the department
1-17 for each person licensed by the respective agency. [Each agency
1-18 shall update this information and submit to the Department of
1-19 Public Safety the updated information monthly.]
1-20 (b) The Department of Public Safety shall perform [at least
1-21 monthly] a computer match of the licensing list against the
1-22 convictions maintained in the computerized criminal history system.
1-23 The Department of Public Safety shall report to the appropriate
1-24 licensing agency for verification and administrative action, as
2-1 considered appropriate by the licensing agency, the name of any
2-2 person found to have a record of conviction, except a defendant
2-3 whose prosecution is deferred during a period of community
2-4 supervision without an adjudication or plea of guilt.
2-5 (c) The Department of Public Safety may establish a schedule
2-6 for the voluntary provision of lists submitted by an agency under
2-7 Subsection (a) for the purpose of balancing the department's
2-8 workload.
2-9 (d) The Department of Public Safety may not charge or assess
2-10 a fee under this article or Chapter 411, Government Code, to an
2-11 agency providing information to the department under Subsection (a)
2-12 of this article that is in excess of the actual direct cost
2-13 incurred by the department in performing the department's duties.
2-14 (e) [(c)] The transmission of information by electronic
2-15 means under Subsection (a) of this article does not affect whether
2-16 the information is subject to disclosure under Chapter 552,
2-17 Government Code.
2-18 SECTION 2. This Act takes effect September 1, 1997.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.