The digital content on TLO has been updated to align with the accessibility standards required by WCAG 2.1.
Amend CSHB 2730 (Senate committee report) by adding the
following appropriately numbered article to the bill and
renumbering subsequent articles of the bill accordingly:
ARTICLE ___. ALTERNATIVE METHODS OF OBTAINING CRIMINAL HISTORY
INFORMATION AND REGISTRATION OF PRIVATE VENDORS TO OBTAIN CRIMINAL
HISTORY INFORMATION
SECTION __.01. Subchapter F, Chapter 411, Government Code,
is amended by adding Section 411.0852 to read as follows:
Sec. 411.0852. PRIVATE VENDORS PROVIDING CRIMINAL HISTORY
RECORD INFORMATION; REGISTRATION OF VENDORS. (a) In this section:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Private vendor" means a person registered under
this section to obtain both criminal history record information and
identity verification through electronic-based data records for an
entity authorized or required under the laws of this state to obtain
criminal history record information, including national criminal
history record information, regarding a person.
(b) An entity authorized or required under the laws of this
state to obtain criminal history record information, including
national criminal history record information, regarding a person
may elect, as an alternative, to contract with a private vendor
registered under this section to obtain both the criminal history
record information and identity verification through
electronic-based data records. If a governmental entity is
required to obtain criminal history record information or verify a
person's identity using the person's fingerprints, a private vendor
with whom the state agency has contracted under this section must
obtain the criminal history record information from the Department
of Public Safety or verify the person's identity with the
Department of Public Safety.
(c) The commission by rule shall develop criteria for a
vendor to register with the state to provide criminal history
record information and perform identity verification. In
developing the criteria, the commission shall consult with law
enforcement officials and industry experts to ascertain the latest
trends in and technologies available for conducting criminal
background checks and identity verification. The commission may
annually update the criteria based on the latest trends and the
latest technologies available in conducting criminal background
checks.
(d) A private vendor may not provide criminal history record
information or perform identity verification for any entity
authorized or required under the laws of this state to obtain the
information or verification unless the vendor is registered in
accordance with this section and rules adopted under this section.
A vendor must submit to the department on the form prescribed by the
department an application requesting registration to provide
criminal history record information and perform identity
verification for entities required or authorized to obtain criminal
history record information.
(e) The commission shall set fees in an amount sufficient to
cover the costs to administer this section.
(f) A vendor registered by the department under this section
may annually renew the registration by payment of a renewal fee and
submitting to the department a renewal application on the form
prescribed by the department.
(g) The vendor shall report the results of a criminal
background check and identity verification to the contracting
entity by e-mail or other method approved by the department. The
vendor's report must be viewable to the contracting entity through
a secure Internet website.
(h) A person who violates this section or a rule or order
issued under this section is subject to administrative penalties,
civil penalties, and other penalties and enforcement proceedings
under Chapter 51, Occupations Code.
(i) The commission shall issue orders and adopt rules and
criminal conviction guidelines necessary to ensure compliance with
this section.
SECTION __.02. Not later than April 1, 2010, the Texas
Commission of Licensing and Regulation shall develop criteria for
registering a vendor to perform criminal background checks and
identity verification under Section 411.0852, Government Code, as
added by this article.
SECTION __.03. Notwithstanding Section 411.0852(d),
Government Code, as added by this article, a private vendor is not
required to register with the Texas Department of Licensing and
Regulation to provide criminal history record information or
perform identity verifications before July 1, 2010.
SECTION __.04. Section 411.0852, Government Code, as added
by this Act, applies only to a contract entered into, renewed, or
extended, on or after July 1, 2010. A contract entered into,
renewed, or extended, before July 1, 2010, is governed by the law in
effect when the contract was entered into, renewed, or extended and
the former law is continued in effect for that purpose.