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78R12404 PEP-D
By: Allen H.B. No. 2622
A BILL TO BE ENTITLED
AN ACT
relating to certain governmental agency and private entity access
to and use of criminal history record information maintained by the
Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.084, Government Code, is amended to
read as follows:
Sec. 411.084. USE OF CRIMINAL HISTORY RECORD INFORMATION.
(a) Criminal history record information obtained from the
department under this subchapter:
(1) is for the exclusive use of the authorized
recipient of the information; and
(2) may be disclosed or used by the recipient only if,
and only to the extent that, disclosure or use is authorized or
directed by:
(A) this subchapter;
(B) another statute;
(C) a rule adopted under a statute; or
(D) an order of a court of competent
jurisdiction.
(b) Notwithstanding Subsection (a) or any other provision
in this subchapter, criminal history record information obtained
from the Federal Bureau of Investigation may be released or
disclosed only to a governmental entity or as authorized by federal
statute, federal rule, or federal executive order.
SECTION 2. Section 411.093, Government Code, is amended to
read as follows:
Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION. [(a)]
The Texas Department of Licensing and Regulation is entitled to
obtain from the department criminal history record information
maintained by the department that relates to a person who is:
(1) an applicant for a license, certificate,
registration, title, or permit issued by the department [under the
Texas Boxing and Wrestling Act (Article 8501-1, Vernon's Texas
Civil Statutes)]; or
(2) the holder of a license, certificate,
registration, title, or permit issued by the department [under that
Act].
[(b) The Texas Department of Licensing and Regulation is
entitled only to criminal history record information that relates
to the arrest or conviction of the person.]
SECTION 3. Section 411.094(d), Government Code, is amended
to read as follows:
(d) Criminal history record [Conviction] information
received by an institution of higher education under Subsection (b)
may not be released or disclosed to any person except on court
order.
SECTION 4. The heading to Section 411.104, Government Code,
is amended to read as follows:
Sec. 411.104. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS WORKFORCE [EMPLOYMENT] COMMISSION.
SECTION 5. Sections 411.104(a) and (b), Government Code,
are amended to read as follows:
(a) In this section, "security sensitive position" has the
meaning assigned by Section 301.042(c) [202.042(h)], Labor Code.
(b) The Texas Workforce [Employment] Commission is entitled
to obtain from the department criminal history record information
maintained by the department that relates to a person who is an
applicant for a security sensitive position.
SECTION 6. Section 411.105, Government Code, is amended to
read as follows:
Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. The Texas
State Board of Public Accountancy is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person who is:
(1) an applicant for certification as a certified
public accountant under Chapter 901, Occupations Code [the Public
Accountancy Act of 1991 (Article 41a-1, Vernon's Texas Civil
Statutes)];
(2) an applicant to take the uniform CPA examination
under that Act; or
(3) an applicant to register under Section 901.412,
Occupations Code [14 of that Act].
SECTION 7. Section 411.115(e), Government Code, is amended
to read as follows:
(e) The Texas Department of Mental Health and Mental
Retardation, a local mental health or mental retardation authority,
or a community center shall collect and destroy criminal history
record [conviction] information that relates to a person
immediately after making an employment decision or taking a
personnel action relating to the person who is the subject of the
criminal history record information.
SECTION 8. Sections 411.1236(a) and (b), Government Code,
are amended to read as follows:
(a) The [This section applies only to a circumstance in
which:
[(1) the] Texas Commission on Fire Protection is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is:
(1) an applicant for or holder of a license issued
under Chapter 419; or
(2) an applicant for employment by or an employee of
the commission [(A) issues or renews to an individual a license,
permit, certificate, or other similar authorization; and
[(B) is authorized or required by law to obtain
criminal history record information relating to the individual;
and
[(2) another person, including a state agency or local
government:
[(A) is authorized or required to obtain the same
information; and
[(B) did obtain that information not earlier than
the 90th day before the date on which the individual makes an
application to the Texas Commission on Fire Protection for issuance
or renewal of the license, permit, certificate, or other similar
authorization].
(b) Criminal history record information obtained by [In a
circumstance described by Subsection (a),] the Texas Commission on
Fire Protection under Subsection (a) may not be 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 [shall obtain criminal history
record information from the person who has obtained the required
information as described by Subsection (a)(2). On request from the
Texas Commission on Fire Protection under this section, the person
shall provide the information to the Texas Commission on Fire
Protection].
SECTION 9. Subchapter F, Chapter 411, Government Code, is
amended by adding Sections 411.1385, 411.1386, 411.1387, and
411.1388 to read as follows:
Sec. 411.1385. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: SAVINGS AND LOAN COMMISSIONER. (a) The savings and
loan commissioner is entitled to obtain from the department
criminal history record information maintained by the department
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) Criminal history record information obtained by the
savings and loan commissioner under Subsection (a) may 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) 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
the department criminal history record information maintained by
the department that relates to:
(1) a private professional guardian;
(2) each person who represents or plans to represent
the interests of a ward as a guardian on behalf of the private
professional guardian; or
(3) each person employed by a private professional
guardian who will:
(A) have personal contact with a ward or proposed
ward;
(B) exercise control over and manage a ward's
estate; or
(C) perform any duties with respect to the
management of a ward's estate.
(b) Criminal history record information obtained by a clerk
under Subsection (a) is for the exclusive use of the court and may
be used only in determining whether to appoint, remove, or continue
the appointment of a private professional guardian.
(c) Criminal history record information obtained by a clerk
under Subsection (a) may not be 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. The clerk may 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)
In this section, "facility," "regulatory agency," and "private
agency" have the meanings assigned by Section 250.001, Health and
Safety Code.
(b) A facility, regulatory agency, or private agency on
behalf of a facility is entitled to obtain from the department
criminal history record information maintained by the department
that relates to a person who is:
(1) an applicant for employment at or an employee of a
facility other than a facility licensed under Chapter 142, Health
and Safety Code; or
(2) an applicant for employment at or an employee of a
facility licensed under Chapter 142, Health and Safety Code, if the
duties of employment involve direct contact with a consumer in the
facility.
(c) A facility may:
(1) obtain directly from the department criminal
history record information on an applicant or employee described by
Subsection (b); or
(2) authorize a private agency to obtain that
information from the department.
(d) A private agency obtaining criminal history record
information on behalf of a facility under Subsection (c) shall
forward the information received to the facility requesting the
information.
(e) Criminal history record information obtained by a
facility, regulatory agency, or private agency on behalf of a
facility under Subsection (b) may not be 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)
The Interagency Council on Sex Offender Treatment is entitled to
obtain from the department criminal history record information
maintained by the department that relates to a person who:
(1) is registered to provide mental health or medical
services for the rehabilitation of sex offenders under Chapter 462,
Acts of the 68th Legislature, Regular Session, 1983 (Article
4413(51), Vernon's Texas Civil Statutes); or
(2) has applied for registration or renewal of a
registration to provide mental health or medical services for the
rehabilitation of sex offenders under Chapter 462, Acts of the 68th
Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
Texas Civil Statutes).
(b) Criminal history record information obtained by the
Interagency Council on Sex Offender Treatment under Subsection (a)
may not be 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) The Interagency Council on Sex Offender Treatment shall
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. Section 156.206(b), Finance Code, as amended by
Chapters 337, 407, and 867, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
(b) The commissioner shall obtain criminal history record
information on an applicant that is maintained by the Department of
Public Safety and shall obtain criminal history record information
from [on an applicant maintained by] the Federal Bureau of
Investigation on each applicant. Each applicant must submit with
the application fingerprint and other information necessary to
implement this section. The commissioner may submit the
fingerprint and other information to the Federal Bureau of
Investigation, and the Department of Public Safety is designated to
be the recipient of the criminal history record information. [By
rule, the finance commission may require applicants to submit
information and fingerprints necessary for the commissioner to
obtain criminal background information from the Federal Bureau of
Investigation.] The commissioner may also obtain criminal history
record information from any court or any local, state, or national
governmental agency.
SECTION 11. Section 156.206, Finance Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding Subsection (c), criminal history record
information obtained from the Federal Bureau of Investigation may
be released or disclosed only to a governmental entity or as
authorized by federal statute, federal rule, or federal executive
order.
SECTION 12. 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. This Act takes effect September 1, 2003.