| 1 | 1 | | 82R4415 VOO-F |
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| 2 | 2 | | By: Kleinschmidt H.B. No. 584 |
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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 storage of electronic fingerprint records and access to |
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| 8 | 8 | | criminal history record information. |
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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. Section 411.0845, Government Code, is amended by |
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| 11 | 11 | | adding Subsections (l) and (m) to read as follows: |
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| 12 | 12 | | (l) The department shall maintain the electronic |
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| 13 | 13 | | fingerprint record of each person who is the subject of a criminal |
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| 14 | 14 | | history record information request. The person who is the subject |
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| 15 | 15 | | of a criminal history record information request may authorize the |
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| 16 | 16 | | department to forward updated criminal history record information, |
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| 17 | 17 | | including information received from the Federal Bureau of |
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| 18 | 18 | | Investigation, to a person entitled to such information under this |
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| 19 | 19 | | subchapter. After the department receives any fee charged by the |
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| 20 | 20 | | department and the Federal Bureau of Investigation for the criminal |
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| 21 | 21 | | history record information, the department shall forward the |
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| 22 | 22 | | criminal history record information to the authorized person. |
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| 23 | 23 | | (m) Notwithstanding any other law, a state agency may not |
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| 24 | 24 | | require an individual to submit a completed fingerprint card or an |
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| 25 | 25 | | electronic fingerprint record to obtain the individual's criminal |
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| 26 | 26 | | history record information if the individual has submitted a |
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| 27 | 27 | | completed fingerprint card or an electronic fingerprint record to |
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| 28 | 28 | | the department not more than five years before the date the state |
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| 29 | 29 | | agency requests the individual's criminal history record |
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| 30 | 30 | | information from the department. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2011. |
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