81R2060 JAM-D
By: Pickett H.B. No. 114
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the requirement that certain real estate
professionals provide fingerprints to satisfy criminal history
check provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1101.3521, Occupations Code, is amended
to read as follows:
Sec. 1101.3521. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE. (a) [The commission shall require that an
applicant for a license or renewal of an unexpired license submit
a complete and legible set of fingerprints, on a form prescribed by
the commission, to the commission or to the Department of Public
Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
[(b) The commission shall refuse to issue a license to or
renew the license of a person who does not comply with the
requirement of Subsection (a).
[(c)] The commission shall conduct a criminal history check
of each applicant for a license or renewal of a license using
information:
(1) provided by the individual under this section; and
(2) made available to the commission by the Department
of Public Safety, the Federal Bureau of Investigation, and any
other criminal justice agency under Chapter 411, Government Code.
(b) [(d)] The commission may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history check required under
this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the department in
conducting the criminal history check.
SECTION 2. The changes in law made by this Act apply to an
original or renewal license application filed with the Texas Real
Estate Commission on or after the effective date of this Act. A
license application filed before the effective date of this Act is
governed by the law in effect when the license application was
filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.