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78R10699 DWS-D


By:  Averitt                                                      S.B. No. 1667

Substitute the following for S.B. No. 1667:                                   

By:  Flynn                                                    C.S.S.B. No. 1667



A BILL TO BE ENTITLED

AN ACT

relating to obtaining criminal history record information on an 
applicant for or holder of a mortgage broker or loan officer 
license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  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 3.  Subchapter F, Chapter 411, Government Code, is 
amended by adding Section 411.1385 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.
	SECTION 4.  This Act takes effect September 1, 2003.