SRC-EPT H.B. 2622 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2622
78R12404 PEP-DBy: Allen (Deuell)
Criminal Justice
5/11/2003
Engrossed


DIGEST AND PURPOSE 

Subchapter F, Chapter 411 of the Government Code contains sections that
authorize the Texas Department of Public Safety (DPS) to disseminate
criminal history record information to specific non-criminal justice
agencies for employment, licensing, or other specific purposes.  Most of
these agencies have access to the entire criminal history record, but
several agencies have access to conviction records only, or to records
relating just to certain charges.  Since all convictions records have
subsequently become a matter of public record, these agencies in some
cases have less access specified in law than does the general public.
Further, there are often open arrests in the state criminal history
repository for which no disposition has been reported to DPS, but for
which a disposition may have occurred.  Information on open arrests could
prove beneficial for a licensing agency doing a suitability background
check on its applicant or licensee, and would allow the agency to do
further research on those arrests.  Also, there are several agencies which
still have access to criminal history records through statutes other than
Chapter 411.  Because these agency-specific statutes may not include the
language in Chapter 411 which regulates the dissemination of criminal
history information, the FBI has denied several of these agencies access
to federal criminal history records.  H.B. 2622 addresses these issues. 

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 411.084, Government Code, as follows:
 
Sec. 411.084.  USE OF CRIMINAL HISTORY RECORD INFORMATION.  (a)  Creates
subsection from existing text.   
 
(b)  Authorizes, notwithstanding Subsection (a) or any other provision in
this subchapter, criminal history record information obtained from the
Federal Bureau of Investigation to be released or disclosed only to a
governmental entity or as authorized by federal statute, federal rule, or
federal executive order. 
 
SECTION 2.  Amends Section 411.093, Government Code, as follows:
 
Sec. 411.093.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS
DEPARTMENT OF LICENSING AND REGULATION.  Provides that the Texas
Department of Licensing and Regulation (TDLR) is entitled to obtain from
the Texas Department of Public Safety (DPS) criminal history record
information maintained by DPS that relates to a person who meets certain
criteria.  Deletes Subsections (a) and (b), Subsection (b) relating to
TDLR being entitled only to criminal history record information that
relates to the arrest or conviction of the person. 
 
SECTION 3.  Amends Section 411.094(d), Government Code, as follows:
 
(d)  Prohibits criminal history record information, rather than conviction
information, received by an institution of higher education under
Subsection (b)  from being released or disclosed to any person except on
court order. 
 
SECTION 4.  Amends the heading to Section 411.104, Government Code, to
read as follows: 
 
Sec. 411.104.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS
WORKFORCE COMMISSION. 
 
SECTION 5.  Amends Sections 411.104(a) and (b), Government Code, as
follows: 
 
(a)  Defines "security sensitive position" in this section to have the
meaning assigned by Section 301.042(c), rather than 202.042(h), Labor
Code. 
 
(b)  Makes a conforming change regarding the name change of the Texas
Employment Commission to the Texas Workforce Commission. 
 
SECTION 6.  Amends Section 411.105, Government Code, as follows:
 
Sec. 411.105.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE
BOARD OF PUBLIC ACCOUNTANCY.  Provides that the Texas State Board of
Public Accountancy is entitled to obtain from DPS criminal history record
information maintained by DPS that relates to a person who meets certain
criteria. 
  
SECTION 7.  Amends Section 411.115(e), Government Code, to make a
conforming change. 
 
SECTION 8.  Amends Sections 411.1236(a) and (b), Government Code, as
follows: 
 
(a)  Provides that the Texas Commission on Fire Protection is entitled to
obtain from DPS criminal history record information maintained by DPS that
relates to a person who meets certain criteria.  Deletes existing text
relating to this section applying only to a certain circumstance. 
  
(b)  Prohibits criminal history record information obtained by the Texas
Commission on Fire Protection under Subsection (a) from being released to
any person or agency except on court order, unless the information is
entered into evidence by the board in an administrative, civil, or
criminal hearing under Chapter 419.  Deletes existing text regarding a
circumstance described by Subsection (a).  Deletes existing text regarding
the Texas Commission on Fire Protection obtaining criminal history record
information from the person who has obtained the required information as
described by Subsection (a)(2). Deletes text requiring the person to
provide on request from the Texas Commission on Fire Protection under this
section, the information to the Texas Commission on Fire Protection. 
 
SECTION 9.  Amends Subchapter F, Chapter 411, Government Code, by adding
Sections 411.1385, 411.1386, 411.1387, and 411.1388, as follows: 
 
Sec. 411.1385.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: SAVINGS AND
LOAN COMMISSIONER.  (a)  Provides that the savings and loan commissioner
is entitled to obtain from DPS criminal history record information
maintained by DPS that relates to a person who is an applicant for or
holder of a mortgage broker or loan officer license issued under Chapter
156, Finance Code. 
 
(b)  Authorizes criminal history record information obtained by the
savings and loan commissioner under Subsection (a) to be released or
disclosed only as provided by Section 156.206, Finance Code. 
 
Sec. 411.1386.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COURT
CLERK; GUARDIANSHIPS.  (a)  Provides that the clerk of the county having
venue over a proceeding for the appointment of a guardian under Chapter
13, Probate Code, is entitled to obtain from DPS criminal history record
information maintained by  DPS that relates to:  a private professional
guardian; each person who represents or plans to represent the interests
of a ward as a guardian on behalf of the private professional guardian; or
each person employed by a private professional guardian who will perform
certain functions. 
   
(b)  Provides that criminal history record information obtained by a clerk
under Subsection (a) is for the exclusive use of the court and authorizes
the information be used only in determining whether to appoint, remove, or
continue the appointment of a private professional guardian. 
 
(c)  Prohibits criminal history record information obtained by a clerk
under Subsection (a) from being released or disclosed to any person or
agency except on court order or with the consent of the person who is the
subject of the information. Authorizes the clerk to destroy the criminal
history record information after the information is used for the purposes
authorized by this section. 
 
Sec. 411.1387.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: FACILITY,
REGULATORY AGENCY, OR PRIVATE AGENCY.  (a)  Defines "facility,"
"regulatory agency," and "private agency" in this section as having the
meanings assigned by Section 250.001, Health and Safety Code. 
 
(b)  Provides that a facility, regulatory agency, or private agency on
behalf of a facility is entitled to obtain from DPS criminal history
record information maintained by DPS that relates to a person who meets
certain criteria. 
   
(c)  Authorizes a  facility to:  obtain directly from DPS criminal history
record information on an applicant or employee described by Subsection
(b); or authorize a private agency to obtain that information from DPS. 
 
(d)  Requires a private agency obtaining criminal history record
information on behalf of a facility under Subsection (c) to forward the
information received to the facility requesting the information. 
 
(e)  Prohibits criminal history record information obtained by a facility,
regulatory agency, or private agency on behalf of a facility under
Subsection (b) from being released or disclosed to any person or agency
except on court order or with the consent of the person who is the subject
of the information. 
 
Sec. 411.1388.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: INTERAGENCY
COUNCIL ON SEX OFFENDER TREATMENT.  (a)  Provides that the Interagency
Council on Sex Offender Treatment is entitled to obtain from DPS criminal
history record information maintained by DPS that relates to a person who
meets certain criteria. 
 
(b)  Prohibits criminal history record information obtained by the
Interagency Council on Sex Offender Treatment under Subsection (a) from
being released or disclosed to any person or agency except on court order
or with the consent of the person who is the subject of the information. 
 
(c)  Requires the Interagency Council on Sex Offender Treatment to destroy
criminal history record information obtained under Subsection (a) not
later than the first anniversary of the date the council makes a decision
as to the person's eligibility for registration or the renewal of a
registration. 
 
SECTION 10.  Amends and reenacts Section 156.206(b), Finance Code, as
amended by Chapters 337, 407, and 867, Acts of the 77th Legislature,
Regular Session, 2001, as follows: 
 
(b)  Requires the savings and loan commissioner to obtain criminal history
record information on an applicant that is maintained by DPS and to obtain
criminal history  record information from, rather than on an applicant
maintained by the Federal Bureau of Investigation  on each applicant.
Requires each applicant to submit with the application fingerprint and
other information necessary to implement this section.  Authorizes the
commissioner to submit the fingerprint and other information to the
Federal Bureau of Investigation, and designates DPS as the recipient of
the criminal history record information.  Deletes existing text regarding
the finance commission by rule requiring applicants to submit information
and fingerprints necessary for the commissioner to obtain criminal
background information from the Federal Bureau of Investigation. 
 
SECTION 11.  Amends Section 156.206, Finance Code, by adding Subsection
(d) to authorize criminal history record information obtained from the
Federal Bureau of Investigation, notwithstanding Subsection (c), to be
released or disclosed only to a governmental entity or as authorized by
federal statute, federal rule, or federal executive order. 
 
SECTION 12.  Repealers: 

 The following sections of Chapter 411, Government Code, are repealed:
  
(1)  Section 411.095(b);
(2)  Section 411.115(c);
(3)  Section 411.118(c);
(4)  Section 411.122(b);
(5)  Section 411.123(b);
(6)  Section 411.1235(b);
(7)  Sections 411.1236(c) and (d);
(8)  Section 411.124(b);
(9)  Section 411.125(b); and
(10)  Section 411.131(c).

SECTION 13.  Effective date:   September 1, 2003.