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.