BILL ANALYSIS

H.B. 1860

By: Cyrier

Defense & Veterans' Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that the Texas Military Department needs greater authority to obtain criminal history record information on an applicant for enlistment in the Texas military forces or for employment with the department. H.B. 1860 seeks to address this issue by repealing the requirement that the adjutant general provide the Department of Public Safety (DPS) with a signed statement from the applicant authorizing the adjutant general to obtain the information prior to obtaining that criminal record history information from DPS.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1860 repeals Section 411.121(c), Government Code, which conditions the adjutant general's right to obtain criminal history record information that relates to a person who is an applicant for enlistment in the Texas military forces or an applicant for employment with the Texas Military Department on the adjutant general submitting to the Department of Public Safety a signed statement from the applicant authorizing the adjutant general to obtain the information.

EFFECTIVE DATE

September 1, 2017.