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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 505

                                                                                                                                            By: Uresti

                                                                                                                                      Jurisprudence

                                                                                                                                            5/24/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently the Guardianship Certification Board (board) is not authorized to access Department of Public Safety (DPS) records, which causes a problem in certifying professional guardians. 

 

S.B. 505 entitles the board to access DPS records for certain purposes, and requires that the information obtained by the board be destroyed after it is used for the authorized purposes.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter F, Chapter 411, Government Code, by adding Section 411.1406, as follows:

 

Sec. 411.1406. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: GUARDIANSHIP CERTIFICATION BOARD. (a) Defines "board."

 

(b) Entitles the Guardianship Certification Board (board) to obtain from the Department of Public Safety (DPS) criminal history record information (information) maintained  by DPS that relates to a person who is an applicant for or the holder of a certificate issued by the board.

 

(c) Authorizes the information to be used by the board for certain purposes, including the issuance, denial, suspension, revocation, or renewal of a certificate issued by the board.  Prohibits the release or disclosure of the information to any person except on court order or with consent of the person who is the subject of the information.  Requires the information to be destroyed after  it is used  for the authorized purposes.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.