BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1599

                                                                                                                                         By: Watson

                                                                                                                                      Jurisprudence

                                                                                                                                              8/4/2009

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Court Reporters Certification Board (CRCB) has the authority to reject applicants for certification and to discipline certificate holders who have criminal convictions.  However, applicants and certificate holders must self-report their criminal histories since the Department of Public Safety (DPS) does not have the authority to give such information directly to CRCB.  This bill would improve CRCB's ability to protect the public by ensuring that it does not grant certificates to individuals who have been convicted of crimes related to the duties of certified shorthand reporters.

 

S.B. 1599 includes CRCB as an entity to whom a criminal justice agency is authorized to disclose criminal history record information that is the subject of an order of nondisclosure.  S.B. 1599 entitles CRCB to obtain from DPS criminal history record information maintained by DPS that relates to a person who is an applicant for or the holder of a certification issued by CRCB. 

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 411.081(i), Government Code, to include the Court Reporters Certification Board (CRCB) as an entity to whom a criminal justice agency is authorized to disclose criminal history record information that is the subject of an order of nondisclosure.  Makes a nonsubstantive change.

 

SECTION 2.  Amends Subchapter F, Chapter 411, Government Code, by adding Section 411.1403, as follows:

 

Sec. 411.1403.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COURT REPORTERS CERTIFICATION BOARD.  (a) Defines "board."

 

(b) Entitles CRCB to obtain from the Department of Public Safety of the State of Texas (DPS) criminal history record information maintained by DPS that relates to a person who is an applicant for or the holder of a certification issued by CRCB.

 

(c) Provides that criminal history record information obtained by CRCB under Subsection (b) is authorized to be used by CRCB for any purpose related to the issuance, denial, suspension, revocation, or renewal of a certification issued by CRCB; is prohibited from being released or disclosed to any person except on court order or with the consent of the person who is the subject of the information; and is required to be destroyed by CRCB after the information is used for the authorized purposes.

 

SECTION 3.  Effective date: September 1, 2009.