83R2574 EAH-D

By: Martinez H.B. No. 366

A BILL TO BE ENTITLED

AN ACT

relating to the dissemination, retention, and use of criminal history record information and fingerprints to and by state agencies for employment, contracting, or licensing or other purposes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 411.1405, Government Code, is amended to read as follows:

Sec. 411.1405. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE AGENCIES[; INFORMATION TECHNOLOGY EMPLOYEES].

SECTION 2. Sections 411.1405(a) and (b), Government Code, are amended to read as follows:

(a) In this section, "state agency" [:

[(1) "Information resources" and "information resources technologies" have the meanings assigned by Section 2054.003.

[(2) "State agency"] means a department, commission, board, office, council, authority, or other agency in the executive, legislative, or judicial branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by Section 61.003, Education Code.

(b) To the extent consistent with Subsection (e), a state agency is entitled to obtain from the department the criminal history record information maintained by the department that relates to a person who[:

[(1)] is an employee, applicant for employment, contractor, subcontractor, or intern or other volunteer with the state agency or with a contractor or subcontractor for the state agency[; and

[(2) has access to information resources or information resources technologies, other than a desktop computer or telephone station assigned to that person].

SECTION 3. Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.0843 to read as follows:

Sec. 411.0843. FINGERPRINT INFORMATION SUPPLIED TO STATE AGENCIES FOR LICENSING OR OTHER AUTHORIZATION PURPOSES. (a) In this section:

(1) "State agency" means a department, commission, board, office, council, authority, or other agency in the executive or judicial branch of state government that is created by the constitution or a statute of this state.

(2) "Written consent" includes consent given by an electronic signature.

(b) Notwithstanding any other law, a state agency shall retain fingerprints provided to the agency under this subchapter by an applicant for a license, certification, permit, or other authorization to the extent allowed under federal law.

(c) With the written consent of the applicant who provided the fingerprints and on request, a state agency shall, to the extent allowed under federal law, provide or make available the applicant's fingerprints to other state agencies for use by the agencies in licensing, certifying, permitting, or otherwise providing authorization to the applicant.

(d) A state agency may use fingerprints provided or made available to the agency under this section to obtain criminal history record information to which the agency is entitled under this subchapter.

(e) Notwithstanding any other law, a state agency, including the department, may not charge a fee for:

(1) providing, using, or making available the applicant's fingerprints under Subsection (c); or

(2) processing an inquiry from another state agency for criminal history record information on the basis of fingerprints provided or made available under Subsection (c).

SECTION 4. This Act takes effect September 1, 2013.