81R26319 E
By: Parker H.B. No. 2519
Substitute the following for H.B. No. 2519:
By: Parker C.S.H.B. No. 2519
A BILL TO BE ENTITLED
AN ACT
relating to alternative methods of obtaining criminal history
information and registration of private vendors to obtain criminal
history information; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0852 to read as follows:
Sec. 411.0852. PRIVATE VENDORS PROVIDING CRIMINAL HISTORY
RECORD INFORMATION; REGISTRATION OF VENDORS. (a) In this section:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(b) An entity authorized or required under the laws of this
state to obtain criminal history record information, including
national criminal history record information, regarding a person
may elect, as an alternative, to contract with a private vendor
registered under this section to obtain both the criminal history
record information and identity verification through
electronic-based data records.
(c) The commission by rule shall develop criteria for a
vendor to register with the state to provide criminal history
record information and perform identity verification. In
developing the criteria, the commission shall consult with law
enforcement officials and industry experts to ascertain the latest
trends in and technologies available for conducting criminal
background checks and identity verification. The commission may
annually update the criteria based on the latest trends and the
latest technologies available in conducting criminal background
checks.
(d) A private vendor may not provide criminal history record
information or perform identity verification for any entity
authorized or required under the laws of this state to obtain the
information or verification unless the vendor is registered in
accordance with this section and rules adopted under this section.
A vendor must submit to the department on the form prescribed by the
department an application requesting registration to provide
criminal history record information and perform identity
verification for entities required or authorized to obtain criminal
history record information. The department shall approve or deny
the application not later than the 30th day after the date the
department receives the application.
(e) The department may charge an application fee in an
amount sufficient to cover the costs to administer this section to
vendors who apply for registration under this section.
(f) A vendor registered by the department to perform
electronic criminal background checks and identity verification
may annually renew the registration by submitting to the department
a renewal application on the form prescribed by the department.
(g) The vendor shall report the results of a criminal
background check and identity verification to the contracting
entity by e-mail. The vendor's report must be viewable to the
contracting entity through a secure Internet website.
(h) A private vendor is liable to this state for a civil
penalty of not more than $1,000 for each violation if the vendor
violates this section or a rule adopted under this section.
(i) The amount of the penalty assessed under Subsection (h)
shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(j) The attorney general may sue to collect a civil penalty
under this section. In the suit the attorney general may recover,
on behalf of the state, the reasonable expenses incurred in
obtaining the penalty, including investigation and court costs,
reasonable attorney's fees, witness fees, and other expenses.
(k) This section shall not apply to an entity required under
the laws of this state to obtain criminal history record
information, if the entity was requiring fingerprint-based
criminal background checks through the Texas Department of Public
Safety on or before September 1, 2009, or is required to conduct
fingerprint-based criminal background checks by any other state or
federal law.
SECTION 2. Not later than December 1, 2009, the Texas
Commission of Licensing and Regulation shall develop criteria for
registering a vendor to perform criminal background checks and
identity verification under Section 411.0852, Government Code, as
added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.