|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
|
AN ACT
|
|
|
|
relating to storage of electronic fingerprint records and access to |
|
|
|
criminal history record information. |
|
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
|
SECTION 1. Section 411.0845, Government Code, is amended by |
|
|
|
adding Subsections (l) and (m) to read as follows: |
|
|
|
(l) The department shall maintain the electronic |
|
|
|
fingerprint record of each person who is the subject of a criminal |
|
|
|
history record information request. The person who is the subject |
|
|
|
of a criminal history record information request may authorize the |
|
|
|
department to forward updated criminal history record information, |
|
|
|
including information received from the Federal Bureau of |
|
|
|
Investigation, to a person entitled to such information under this |
|
|
|
subchapter. After the department receives any fee charged by the |
|
|
|
department and the Federal Bureau of Investigation for the criminal |
|
|
|
history record information, the department shall forward the |
|
|
|
criminal history record information to the authorized person. |
|
|
|
(m) Notwithstanding any other law, a state agency may not |
|
|
|
require an individual to submit a completed fingerprint card or an |
|
|
|
electronic fingerprint record to obtain the individual's criminal |
|
|
|
history record information if the individual has submitted a |
|
|
|
completed fingerprint card or an electronic fingerprint record to |
|
|
|
the department not more than five years before the date the state |
|
|
|
agency requests the individual's criminal history record |
|
|
|
information from the department. |
|
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
|
Act takes effect September 1, 2011. |