| 1 | 1 | | 81R2060 JAM-D |
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| 2 | 2 | | By: Pickett H.B. No. 114 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the repeal of the requirement that certain real estate |
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| 8 | 8 | | professionals provide fingerprints to satisfy criminal history |
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| 9 | 9 | | check provisions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 1101.3521, Occupations Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 1101.3521. CRIMINAL HISTORY RECORD INFORMATION |
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| 14 | 14 | | REQUIREMENT FOR LICENSE. (a) [The commission shall require that an |
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| 15 | 15 | | applicant for a license or renewal of an unexpired license submit |
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| 16 | 16 | | a complete and legible set of fingerprints, on a form prescribed by |
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| 17 | 17 | | the commission, to the commission or to the Department of Public |
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| 18 | 18 | | Safety for the purpose of obtaining criminal history record |
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| 19 | 19 | | information from the Department of Public Safety and the Federal |
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| 20 | 20 | | Bureau of Investigation. |
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| 21 | 21 | | [(b) The commission shall refuse to issue a license to or |
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| 22 | 22 | | renew the license of a person who does not comply with the |
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| 23 | 23 | | requirement of Subsection (a). |
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| 24 | 24 | | [(c)] The commission shall conduct a criminal history check |
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| 25 | 25 | | of each applicant for a license or renewal of a license using |
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| 26 | 26 | | information: |
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| 27 | 27 | | (1) provided by the individual under this section; and |
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| 28 | 28 | | (2) made available to the commission by the Department |
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| 29 | 29 | | of Public Safety, the Federal Bureau of Investigation, and any |
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| 30 | 30 | | other criminal justice agency under Chapter 411, Government Code. |
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| 31 | 31 | | (b) [(d)] The commission may: |
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| 32 | 32 | | (1) enter into an agreement with the Department of |
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| 33 | 33 | | Public Safety to administer a criminal history check required under |
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| 34 | 34 | | this section; and |
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| 35 | 35 | | (2) authorize the Department of Public Safety to |
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| 36 | 36 | | collect from each applicant the costs incurred by the department in |
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| 37 | 37 | | conducting the criminal history check. |
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| 38 | 38 | | SECTION 2. The changes in law made by this Act apply to an |
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| 39 | 39 | | original or renewal license application filed with the Texas Real |
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| 40 | 40 | | Estate Commission on or after the effective date of this Act. A |
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| 41 | 41 | | license application filed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect when the license application was |
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| 43 | 43 | | filed, and the former law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2009. |
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