Texas Senate Bill SB549

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/28/09
• Voted on by Senate: 5/7/09
• Out of House Committee: 5/21/09

Caption

Relating to the authority of the Department of Public Safety of the State of Texas to obtain and use criminal history record information for certain departmental authorizations.

Impact

With the enactment of SB549, the DPS will gain expanded capabilities to ensure that individuals engaged in manufacturing, distributing, or conducting research with controlled substances are thoroughly vetted through criminal history checks. This move is seen as a necessary step to bolster public safety by ensuring that only qualified individuals have access to sensitive positions that can impact the community's well-being.

Summary

SB549 aims to enhance the authority of the Texas Department of Public Safety (DPS) regarding access to and use of criminal history record information. This legislation explicitly allows the DPS to obtain such information from the Federal Bureau of Investigation and use it in connection with certain departmental authorizations. This includes applicants and holders of various permits and certifications relevant to controlled substances, chemical precursors, inspection stations, and instructor certifications. The intention of the bill is to streamline the vetting process for individuals involved in sensitive roles related to public safety and drug control.

Contention

While supporters of the bill cite the importance of maintaining stringent checks on individuals in sensitive positions, there may be concerns related to privacy and the extent of the data accessed. The bill allows the DPS to disclose criminal history information under specific circumstances, including criminal proceedings and hearings conducted by the department. This provision raises inquiries into how such data will be managed and the implications for personal privacy, although the bill does attempt to limit disclosure through consent requirements.

Additional_notes

SB549 received attention as it seeks to clarify and delineate the powers of the DPS in relation to public safety and regulatory oversight. It illustrates the ongoing legislative focus on the intersection of public safety, drug policy, and the proper management of sensitive information.