|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to criminal history record information obtained by the |
|
consumer credit commissioner. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 411.095, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: CONSUMER CREDIT COMMISSIONER. (a) The consumer |
|
credit commissioner is entitled to obtain from the department |
|
criminal history record information that relates to a person who |
|
is: |
|
(1) an applicant for or holder of a license or |
|
registration under Chapter 180, 342, 347, 348, 351, 353, [or] 371, |
|
393, or 394, Finance Code; |
|
(2) an employee of or volunteer with the Office of |
|
Consumer Credit Commissioner; |
|
(3) an applicant for employment with the Office of |
|
Consumer Credit Commissioner; or |
|
(4) a contractor or subcontractor of the Office of |
|
Consumer Credit Commissioner. |
|
(b) The consumer credit commissioner may not release or |
|
disclose criminal history record information obtained under this |
|
section unless: |
|
(1) the information is obtained from a |
|
fingerprint-based search; and |
|
(2) the information is released or disclosed: |
|
(A) on court order; |
|
(B) to the person who is the subject of the |
|
criminal history record information; or |
|
(C) with the consent of the person who is the |
|
subject of the criminal history record information. |
|
SECTION 2. Section 14.151, Finance Code, is amended to read |
|
as follows: |
|
Sec. 14.151. OBTAINING INFORMATION. (a) The commissioner |
|
or an assistant commissioner, examiner, or other employee of the |
|
office shall obtain criminal history record information maintained |
|
by the Department of Public Safety, the Federal Bureau of |
|
Investigation Identification Division, or another law enforcement |
|
agency relating to a person described by Section 411.095(a)(1), |
|
Government Code[:
|
|
[(1)
an applicant for a license issued by the
|
|
commissioner; or
|
|
[(2)
a person licensed under the commissioner's
|
|
authority]. |
|
(b) For an applicant for a license or registration, [or] |
|
license holder, or registrant that is a business entity, the |
|
criminal history record information requirement of this section |
|
applies to an officer, director, owner, or employee of the entity or |
|
another person having a substantial relationship with the entity. |
|
SECTION 3. Section 14.152, Finance Code, is amended to read |
|
as follows: |
|
Sec. 14.152. FINGERPRINT REQUIREMENT; PENALTY. The |
|
commissioner may refuse to grant a license or registration to, or |
|
may suspend or revoke the license or registration of, an applicant, |
|
[or] license holder, or registrant described by Section |
|
411.095(a)(1), Government Code, who fails to provide, on request, a |
|
complete set of legible fingerprints on a fingerprint card format |
|
approved by the Department of Public Safety and the Federal Bureau |
|
of Investigation. |
|
SECTION 4. The heading to Section 14.155, Finance Code, is |
|
amended to read as follows: |
|
Sec. 14.155. DISCLOSURE[; OFFENSE]. |
|
SECTION 5. Section 14.155(a), Finance Code, is amended to |
|
read as follows: |
|
(a) The office may not release or disclose [provide a person
|
|
being investigated under this subchapter with a copy of the
|
|
person's] criminal history record information obtained from the |
|
Department of Public Safety, Federal Bureau of Investigation |
|
Identification Division, or other law enforcement agency, except as |
|
provided by Section 411.095(b), Government Code. [This subchapter
|
|
does not prevent the office from:
|
|
[(1)
disclosing to the person being investigated a
|
|
date and place of arrest or an offense or disposition contained in
|
|
the criminal history record; or
|
|
[(2)
disclosing criminal history record information
|
|
to, and discussing the information with, an authorized law
|
|
enforcement agency with an interest in the person to whom the
|
|
information relates.] |
|
SECTION 6. Section 14.156, Finance Code, is amended to read |
|
as follows: |
|
Sec. 14.156. RECOVERY OF COSTS. In addition to an |
|
investigation fee paid to the commissioner by an applicant for a |
|
license or registration [applicant], the commissioner is entitled |
|
to recover from an applicant, [or] license holder, or registrant |
|
the cost of processing an inquiry to determine whether the person |
|
has a criminal history record. |
|
SECTION 7. Sections 14.154(b) and 14.155(b), Finance Code, |
|
are repealed. |
|
SECTION 8. This Act takes effect September 1, 2015. |