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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of the requirement that certain real estate |
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professionals provide fingerprints to satisfy criminal history |
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check provisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1101.3521, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.3521. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR LICENSE. (a) [The commission shall require that an
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applicant for a license or renewal of an unexpired license
submit
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a complete and legible set of fingerprints, on a form prescribed by
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the commission, to the commission or to the Department of Public
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Safety for the purpose of obtaining criminal history record
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information from the Department of Public Safety and the Federal
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Bureau of Investigation.
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[(b)
The commission shall refuse to issue a license to or
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renew the license of a person who does not comply with the
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requirement of Subsection (a).
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[(c)] The commission shall conduct a criminal history check |
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of each applicant for a license or renewal of a license using |
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information: |
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(1) provided by the individual under this section; and |
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(2) made available to the commission by the Department |
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of Public Safety, the Federal Bureau of Investigation, and any |
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other criminal justice agency under Chapter 411, Government Code. |
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(b) [(d)] The commission may: |
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(1) enter into an agreement with the Department of |
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Public Safety to administer a criminal history check required under |
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this section; and |
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(2) authorize the Department of Public Safety to |
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collect from each applicant the costs incurred by the department in |
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conducting the criminal history check. |
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SECTION 2. The changes in law made by this Act apply to an |
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original or renewal license application filed with the Texas Real |
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Estate Commission on or after the effective date of this Act. A |
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license application filed before the effective date of this Act is |
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governed by the law in effect when the license application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |