By Hochberg H.B. No. 3539
76R3993 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal history searches required to be performed by
1-3 state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Articles 60.061(a) and (b), Code of Criminal
1-6 Procedure, are amended to read as follows:
1-7 (a) The Texas State Board of Medical Examiners, the Texas
1-8 State Board of Podiatric Medical Examiners, the State Board of
1-9 Dental Examiners, the Texas State Board of Pharmacy, and the State
1-10 Board of Veterinary Medical Examiners shall provide to the
1-11 Department of Public Safety through electronic means, magnetic
1-12 tape, or disk, as specified by the department, a list including the
1-13 name, date of birth, and any other personal descriptive information
1-14 required by the department for each person licensed by the
1-15 respective agency. Each agency shall update this information and
1-16 submit to the Department of Public Safety the updated information
1-17 quarterly [monthly].
1-18 (b) The Department of Public Safety shall perform at least
1-19 quarterly [monthly] a computer match of the licensing list against
1-20 the convictions maintained in the computerized criminal history
1-21 system. The Department of Public Safety shall report to the
1-22 appropriate licensing agency for verification and administrative
1-23 action, as considered appropriate by the licensing agency, the name
1-24 of any person found to have a record of conviction, except a
2-1 defendant whose prosecution is deferred during a period of
2-2 community supervision without an adjudication or plea of guilt.
2-3 The Department of Public Safety may charge the licensing agency a
2-4 fee not to exceed the actual direct cost incurred by the department
2-5 in performing a computer match and reporting to the agency.
2-6 SECTION 2. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.