SRC-JLB C.S.H.B. 660 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 660
By: Allen (Deuell)
Government Organization
4/24/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the Texas Government Code provides authority to all licensing
and regulatory agencies that are not authorized in the chapter to access
criminal history record information maintained by the Department of Public
Safety (DPS) in regard to applicants or license holders. The Government
Code provides access to criminal history record information maintained by
the Federal Bureau of Investigation (FBI) to any agency specified in the
chapter.  

However, in order to access the federal criminal records database, known
as the National Crime Information Center (NCIC), the FBI requires that
agencies must be specifically named in state statute.  Some of Texas'
regulatory agencies have had their own specific section added to the code,
such as the Board of Medical Examiners and the Board of Nurse Examiners,
and therefore are eligible to perform FBI criminal history checks. 

C.S.H.B. 660 gives specific authority to all licensing and regulatory
agencies in Texas to perform both DPS and FBI criminal history record
checks. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS
   
SECTION 1.  Amends Section 411.122, Government Code, by amending
Subsections (a) and (c) and adding Subsection (d), as follows: 
 
(a)  Provides that except as provided by Subsection (c)(2), an agency of
this state listed in Subsection (d) or a political subdivision of this
state covered by Chapter 53, Occupations Code, that licenses or regulates
members of a particular trade, occupation, business, vocation, or
profession is entitled to obtain from the department criminal history
record information maintained by the department that relates to certain
persons, including a person who requests a determination of eligibility
for a license from the agency. 

 (c)  Provides that this section does not apply to certain agencies.

 (d)  Provides that certain state agencies are subject to this section.

SECTION 2.  Repealer:  Section 411.122(b) (Access to Criminal History
Record Information: Licensing or Regulatory Agency), Government Code. 
 
SECTION 3.  Effective date:  September 1, 2003.