S.B. 1459 78 )    BILL ANALYSIS


S.B. 1459
By: Lindsay
County Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law authorizes a variety of state and local governmental entities
to request criminal history record information from the Texas Department
of Public Safety on job applicants to ensure that criminals are not
performing vital government functions such as public safety
responsibilities. County fire marshals coordinate the delivery of
essential fire and emergency medical services for unincorporated areas of
counties and would like to be able to screen potential employees of these
agencies for criminal history.   S.B. 1459 authorizes a county fire
marshal to request criminal history record information on potential
employees of their agencies and other fire and emergency medical services
agencies in unincorporated areas of the county and to share that
information with those agencies. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Chapter 411F, Government Code, by adding Section
411.1237, as follows: 

Sec.  411.1237.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY
FIRE MARSHALS.  (a)  Provides that on request of the department chief or
chief executive of a fire department or an emergency medical services
provider for an unincorporated area, a county fire marshal is entitled to
obtain from the Department of Public Safety (DPS) criminal history record
information maintained by DPS that relates to certain individuals. 

(b)  Authorizes a county fire marshal to disclose the criminal history
record information obtained under Subsection (a) to the department chief
or chief executive of the requesting fire department or emergency medical
services provider, except that the county fire marshal may disclose
criminal history record information obtained by DPS from the Federal
Bureau of Investigation only to governmental entities or as authorized by
federal law, federal executive order, or federal rule.  

SECTION 2.  Effective date:  September 1, 2003.

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all members elected to each house, as provided by Section 39, Article III,
Texas Constitution.  If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.