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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Department of Public Safety of the |
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State of Texas to obtain and use criminal history record |
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information for certain departmental authorizations. |
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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 411.0891 to read as follows: |
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Sec. 411.0891. DEPARTMENT ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a) Subject |
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to Section 411.087, the department is authorized to obtain and use |
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criminal history record information maintained by the Federal |
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Bureau of Investigation or the department that relates to a person |
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who: |
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(1) is an applicant for or holds a registration issued |
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by the director under Subchapter C, Chapter 481, Health and Safety |
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Code, that authorizes the person to manufacture, distribute, |
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analyze, or conduct research with a controlled substance; |
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(2) is an applicant for or holds a chemical precursor |
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transfer permit issued by the director under Section 481.078, |
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Health and Safety Code; |
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(3) is an applicant for or holds a chemical laboratory |
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apparatus transfer permit issued by the director under Section |
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481.081, Health and Safety Code; |
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(4) is an applicant for certification by the |
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department as an inspection station or an inspector under |
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Subchapter G, Chapter 548, Transportation Code, holds an inspection |
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station or inspector certificate issued under that subchapter, or |
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is the owner of an inspection station operating under that chapter; |
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or |
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(5) is an applicant for approval or has been approved |
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as a program sponsor by the department under Chapter 662, |
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Transportation Code, is an applicant for certification by the |
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department as an instructor under that chapter, or holds an |
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instructor certificate issued under that chapter. |
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(b) The department may release or disclose criminal history |
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record information obtained or used by the department for a purpose |
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described by Subsection (a) to another person or agency only: |
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(1) in a criminal proceeding; |
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(2) in a hearing conducted by the department; |
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(3) under an order from a court; or |
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(4) with the consent of the person who is the subject |
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of the criminal history record information. |
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(c) This section may not be construed to limit the authority |
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of the department to disseminate criminal history record |
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information as provided by Section 411.083. |
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SECTION 2. 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. |