| 1 | 1 | | H.B. No. 4343 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to access to certain criminal history record information |
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| 6 | 6 | | maintained by the Department of Public Safety. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 411.081(i), Government Code, is amended |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | (i) A criminal justice agency may disclose criminal history |
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| 11 | 11 | | record information that is the subject of an order of nondisclosure |
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| 12 | 12 | | to the following noncriminal justice agencies or entities only: |
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| 13 | 13 | | (1) the State Board for Educator Certification; |
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| 14 | 14 | | (2) a school district, charter school, private school, |
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| 15 | 15 | | regional education service center, commercial transportation |
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| 16 | 16 | | company, or education shared service arrangement; |
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| 17 | 17 | | (3) the Texas Medical Board; |
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| 18 | 18 | | (4) the Texas School for the Blind and Visually |
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| 19 | 19 | | Impaired; |
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| 20 | 20 | | (5) the Board of Law Examiners; |
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| 21 | 21 | | (6) the State Bar of Texas; |
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| 22 | 22 | | (7) a district court regarding a petition for name |
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| 23 | 23 | | change under Subchapter B, Chapter 45, Family Code; |
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| 24 | 24 | | (8) the Texas School for the Deaf; |
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| 25 | 25 | | (9) the Department of Family and Protective Services; |
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| 26 | 26 | | (10) the Texas Youth Commission; |
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| 27 | 27 | | (11) the Department of Assistive and Rehabilitative |
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| 28 | 28 | | Services; |
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| 29 | 29 | | (12) the Department of State Health Services, a local |
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| 30 | 30 | | mental health service, a local mental retardation authority, or a |
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| 31 | 31 | | community center providing services to persons with mental illness |
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| 32 | 32 | | or retardation; |
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| 33 | 33 | | (13) the Texas Private Security Board; |
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| 34 | 34 | | (14) a municipal or volunteer fire department; |
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| 35 | 35 | | (15) the Texas Board of Nursing; |
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| 36 | 36 | | (16) a safe house providing shelter to children in |
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| 37 | 37 | | harmful situations; |
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| 38 | 38 | | (17) a public or nonprofit hospital or hospital |
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| 39 | 39 | | district; |
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| 40 | 40 | | (18) the Texas Juvenile Probation Commission; |
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| 41 | 41 | | (19) the securities commissioner, the banking |
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| 42 | 42 | | commissioner, the savings and mortgage lending commissioner, or the |
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| 43 | 43 | | credit union commissioner; |
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| 44 | 44 | | (20) the Texas State Board of Public Accountancy; |
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| 45 | 45 | | (21) the Texas Department of Licensing and Regulation; |
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| 46 | 46 | | (22) the Health and Human Services Commission; |
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| 47 | 47 | | (23) the Department of Aging and Disability Services; |
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| 48 | 48 | | [and] |
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| 49 | 49 | | (24) the Texas Education Agency; and |
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| 50 | 50 | | (25) the Texas Department of Insurance. |
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| 51 | 51 | | SECTION 2. Section 411.081(i), Government Code, as amended |
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| 52 | 52 | | by this Act, applies only to the disclosure of criminal history |
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| 53 | 53 | | record information that is the subject of an order of nondisclosure |
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| 54 | 54 | | issued on or after the effective date of this Act. The disclosure |
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| 55 | 55 | | of criminal history record information that is the subject of an |
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| 56 | 56 | | order of nondisclosure issued before the effective date of this Act |
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| 57 | 57 | | is governed by the law in effect on the date the order of |
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| 58 | 58 | | nondisclosure was issued, and that former law is continued in |
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| 59 | 59 | | effect for that purpose. |
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| 60 | 60 | | SECTION 3. This Act takes effect immediately if it receives |
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| 61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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| 62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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| 64 | 64 | | Act takes effect September 1, 2009. |
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| 65 | 65 | | ______________________________ ______________________________ |
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| 66 | 66 | | President of the Senate Speaker of the House |
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| 67 | 67 | | I certify that H.B. No. 4343 was passed by the House on May 7, |
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| 68 | 68 | | 2009, by the following vote: Yeas 146, Nays 0, 1 present, not |
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| 69 | 69 | | voting. |
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| 70 | 70 | | ______________________________ |
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| 71 | 71 | | Chief Clerk of the House |
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| 72 | 72 | | I certify that H.B. No. 4343 was passed by the Senate on May |
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| 73 | 73 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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| 74 | 74 | | ______________________________ |
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| 75 | 75 | | Secretary of the Senate |
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| 76 | 76 | | APPROVED: _____________________ |
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| 77 | 77 | | Date |
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| 78 | 78 | | _____________________ |
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| 79 | 79 | | Governor |
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