| 1 | 1 | | By: Carona S.B. No. 549 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of the Department of Public Safety of the |
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| 7 | 7 | | State of Texas to obtain and use criminal history record |
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| 8 | 8 | | information for certain departmental authorizations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.0891 to read as follows: |
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| 12 | 12 | | Sec. 411.0891. DEPARTMENT ACCESS TO CRIMINAL HISTORY RECORD |
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| 13 | 13 | | INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a) Subject |
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| 14 | 14 | | to Section 411.087, the department is authorized to obtain and use |
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| 15 | 15 | | criminal history record information maintained by the Federal |
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| 16 | 16 | | Bureau of Investigation or the department that relates to a person |
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| 17 | 17 | | who: |
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| 18 | 18 | | (1) is an applicant for or holds a registration issued |
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| 19 | 19 | | by the director under Subchapter C, Chapter 481, Health and Safety |
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| 20 | 20 | | Code, that authorizes the person to manufacture, distribute, |
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| 21 | 21 | | analyze, or conduct research with a controlled substance; |
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| 22 | 22 | | (2) is an applicant for or holds a chemical precursor |
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| 23 | 23 | | transfer permit issued by the director under Section 481.078, |
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| 24 | 24 | | Health and Safety Code; |
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| 25 | 25 | | (3) is an applicant for or holds a chemical laboratory |
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| 26 | 26 | | apparatus transfer permit issued by the director under Section |
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| 27 | 27 | | 481.081, Health and Safety Code; |
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| 28 | 28 | | (4) is an applicant for certification by the |
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| 29 | 29 | | department as an inspection station or an inspector under |
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| 30 | 30 | | Subchapter G, Chapter 548, Transportation Code, holds an inspection |
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| 31 | 31 | | station or inspector certificate issued under that subchapter, or |
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| 32 | 32 | | is the owner of an inspection station operating under that chapter; |
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| 33 | 33 | | or |
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| 34 | 34 | | (5) is an applicant for approval or has been approved |
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| 35 | 35 | | as a program sponsor by the department under Chapter 662, |
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| 36 | 36 | | Transportation Code, is an applicant for certification by the |
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| 37 | 37 | | department as an instructor under that chapter, or holds an |
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| 38 | 38 | | instructor certificate issued under that chapter. |
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| 39 | 39 | | (b) The department may release or disclose criminal history |
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| 40 | 40 | | record information obtained or used by the department for a purpose |
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| 41 | 41 | | described by Subsection (a) to another person or agency only: |
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| 42 | 42 | | (1) in a criminal proceeding; |
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| 43 | 43 | | (2) in a hearing conducted by the department; |
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| 44 | 44 | | (3) under an order from a court; or |
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| 45 | 45 | | (4) with the consent of the person who is the subject |
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| 46 | 46 | | of the criminal history record information. |
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| 47 | 47 | | (c) This section may not be construed to limit the authority |
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| 48 | 48 | | of the department to disseminate criminal history record |
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| 49 | 49 | | information as provided by Section 411.083. |
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| 50 | 50 | | SECTION 2. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2009. |
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