| 1 | 1 | | 81R3164 CLG-F |
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| 2 | 2 | | By: Naishtat H.B. No. 2047 |
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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 authorizing a criminal justice agency to disclose |
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| 8 | 8 | | certain criminal history record information to the Guardianship |
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| 9 | 9 | | Certification Board and offices of the county clerk. |
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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 411.081(i), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (i) A criminal justice agency may disclose criminal history |
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| 14 | 14 | | record information that is the subject of an order of nondisclosure |
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| 15 | 15 | | to the following noncriminal justice agencies or entities only: |
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| 16 | 16 | | (1) the State Board for Educator Certification; |
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| 17 | 17 | | (2) a school district, charter school, private school, |
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| 18 | 18 | | regional education service center, commercial transportation |
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| 19 | 19 | | company, or education shared service arrangement; |
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| 20 | 20 | | (3) the Texas Medical Board; |
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| 21 | 21 | | (4) the Texas School for the Blind and Visually |
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| 22 | 22 | | Impaired; |
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| 23 | 23 | | (5) the Board of Law Examiners; |
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| 24 | 24 | | (6) the State Bar of Texas; |
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| 25 | 25 | | (7) a district court regarding a petition for name |
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| 26 | 26 | | change under Subchapter B, Chapter 45, Family Code; |
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| 27 | 27 | | (8) the Texas School for the Deaf; |
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| 28 | 28 | | (9) the Department of Family and Protective Services; |
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| 29 | 29 | | (10) the Texas Youth Commission; |
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| 30 | 30 | | (11) the Department of Assistive and Rehabilitative |
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| 31 | 31 | | Services; |
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| 32 | 32 | | (12) the Department of State Health Services, a local |
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| 33 | 33 | | mental health service, a local mental retardation authority, or a |
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| 34 | 34 | | community center providing services to persons with mental illness |
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| 35 | 35 | | or retardation; |
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| 36 | 36 | | (13) the Texas Private Security Board; |
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| 37 | 37 | | (14) a municipal or volunteer fire department; |
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| 38 | 38 | | (15) the Texas Board of Nursing; |
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| 39 | 39 | | (16) a safe house providing shelter to children in |
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| 40 | 40 | | harmful situations; |
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| 41 | 41 | | (17) a public or nonprofit hospital or hospital |
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| 42 | 42 | | district; |
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| 43 | 43 | | (18) the Texas Juvenile Probation Commission; |
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| 44 | 44 | | (19) the securities commissioner, the banking |
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| 45 | 45 | | commissioner, the savings and mortgage lending commissioner, or the |
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| 46 | 46 | | credit union commissioner; |
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| 47 | 47 | | (20) the Texas State Board of Public Accountancy; |
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| 48 | 48 | | (21) the Texas Department of Licensing and Regulation; |
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| 49 | 49 | | (22) the Health and Human Services Commission; |
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| 50 | 50 | | (23) the Department of Aging and Disability Services; |
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| 51 | 51 | | [and] |
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| 52 | 52 | | (24) the Texas Education Agency; |
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| 53 | 53 | | (25) the Guardianship Certification Board; and |
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| 54 | 54 | | (26) a county clerk's office in relation to a |
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| 55 | 55 | | proceeding for the appointment of a guardian under Chapter XIII, |
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| 56 | 56 | | Texas Probate Code. |
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| 57 | 57 | | SECTION 2. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2009. |
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