By Ratliff                                             S.B. No. 964

         Substitute the following for S.B. No. 964:

         By Oakley                                          C.S.S.B. No. 964

                                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 shall at least annually, but

1-13     not more often than quarterly, provide to the Department of Public

1-14     Safety through electronic means, magnetic tape, or disk, as

1-15     specified by the department, a list including the name, date of

1-16     birth, and any other personal descriptive information required by

1-17     the department for each person licensed by the respective agency.

1-18     [Each agency shall update this information and submit to the

1-19     Department of 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.