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A BILL TO BE ENTITLED
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AN ACT
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relating to alternative methods of obtaining criminal history |
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information and registration of private vendors to obtain criminal |
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history information; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.0852 to read as follows: |
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Sec. 411.0852. PRIVATE VENDORS PROVIDING CRIMINAL HISTORY |
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RECORD INFORMATION; REGISTRATION OF VENDORS. (a) An entity |
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authorized or required under the laws of this state to obtain |
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criminal history record information, including national criminal |
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history record information, regarding a person may elect, as an |
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alternative, to contract with a private vendor registered under |
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this section to obtain both the criminal history record information |
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and identity verification through electronic-based data records. |
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(b) The secretary of state's office by rule shall develop |
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criteria for a vendor to register with the state to provide criminal |
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history record information and perform identity verification. In |
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developing the criteria, the secretary of state's office shall |
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consult with law enforcement officials to ascertain the latest |
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trends in and technologies available for conducting criminal |
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background checks and identity verification. The secretary of |
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state's office may annually update the criteria based on the latest |
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trends and the latest technologies available in conducting criminal |
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background checks. |
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(c) A private vendor may not provide criminal history record |
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information or perform identity verification for any entity |
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authorized or required under the laws of this state to obtain the |
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information or verification unless the vendor is registered in |
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accordance with this section and rules adopted under this section. |
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A vendor must submit to the secretary of state on the form |
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prescribed by the secretary of state an application requesting |
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registration to provide criminal history record information and |
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perform identity verification for entities required or authorized |
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to obtain criminal history record information. The secretary of |
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state shall approve or deny the application not later than the 30th |
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day after the date the secretary of state receives the application. |
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(d) The secretary of state's office may charge an |
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application fee in an amount sufficient to cover the costs to |
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administer this section to vendors who apply for registration under |
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this section. |
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(e) A vendor registered by the secretary of state's office |
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to perform electronic criminal background checks and identity |
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verification may annually renew the registration by submitting to |
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the secretary of state a renewal application on the form prescribed |
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by the secretary of state. |
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(f) The vendor shall report the results of a criminal |
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background check and identity verification to the contracting |
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entity by e-mail. The vendor's report must be viewable to the |
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contracting entity through a secure Internet website. |
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(g) A private vendor is liable to this state for a civil |
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penalty of not more than $1,000 for each violation if the vendor |
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violates this section or a rule adopted under this section. |
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(h) The amount of the penalty assessed under Subsection (g) |
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shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(i) The attorney general may sue to collect a civil penalty |
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under this section. In the suit the attorney general may recover, |
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on behalf of the state, the reasonable expenses incurred in |
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obtaining the penalty, including investigation and court costs, |
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reasonable attorney's fees, witness fees, and other expenses. |
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SECTION 2. Not later than December 1, 2009, the secretary of |
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state's office shall develop criteria for registering a vendor to |
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perform criminal background checks and identity verification under |
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Section 411.0852, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |