By: Eltife S.B. No. 1075
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information obtained by the
consumer credit commissioner.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.095, Government Code, is amended to
read as follows:
Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: CONSUMER CREDIT COMMISSIONER. (a) The consumer
credit commissioner is entitled to obtain from the department
criminal history record information that relates to a person who
is:
(1) an applicant for or holder of a license or
registration under Chapter 180, 342, 347, 348, 351, 353, [or] 371,
393, or 394, Finance Code;
(2) an employee of or volunteer with the Office of
Consumer Credit Commissioner;
(3) an applicant for employment with the Office of
Consumer Credit Commissioner; or
(4) a contractor or subcontractor of the Office of
Consumer Credit Commissioner.
(b) The consumer credit commissioner may not release or
disclose criminal history record information obtained under this
section unless:
(1) the information is obtained from a
fingerprint-based search; and
(2) the information is released or disclosed:
(A) on court order;
(B) to the person who is the subject of the
criminal history record information; or
(C) with the consent of the person who is the
subject of the criminal history record information.
SECTION 2. Section 14.151, Finance Code, is amended to read
as follows:
Sec. 14.151. OBTAINING INFORMATION. (a) The commissioner
or an assistant commissioner, examiner, or other employee of the
office shall obtain criminal history record information maintained
by the Department of Public Safety, the Federal Bureau of
Investigation Identification Division, or another law enforcement
agency relating to a person described by Section 411.095(a)(1),
Government Code[:
[(1) an applicant for a license issued by the
commissioner; or
[(2) a person licensed under the commissioner's
authority].
(b) For an applicant for a license or registration, [or]
license holder, or registrant that is a business entity, the
criminal history record information requirement of this section
applies to an officer, director, owner, or employee of the entity or
another person having a substantial relationship with the entity.
SECTION 3. Section 14.152, Finance Code, is amended to read
as follows:
Sec. 14.152. FINGERPRINT REQUIREMENT; PENALTY. The
commissioner may refuse to grant a license or registration to, or
may suspend or revoke the license or registration of, an applicant,
[or] license holder, or registrant described by Section
411.095(a)(1), Government Code, who fails to provide, on request, a
complete set of legible fingerprints on a fingerprint card format
approved by the Department of Public Safety and the Federal Bureau
of Investigation.
SECTION 4. The heading to Section 14.155, Finance Code, is
amended to read as follows:
Sec. 14.155. DISCLOSURE[; OFFENSE].
SECTION 5. Section 14.155(a), Finance Code, is amended to
read as follows:
(a) The office may not release or disclose [provide a person
being investigated under this subchapter with a copy of the
person's] criminal history record information obtained from the
Department of Public Safety, Federal Bureau of Investigation
Identification Division, or other law enforcement agency, except as
provided by Section 411.095(b), Government Code. [This subchapter
does not prevent the office from:
[(1) disclosing to the person being investigated a
date and place of arrest or an offense or disposition contained in
the criminal history record; or
[(2) disclosing criminal history record information
to, and discussing the information with, an authorized law
enforcement agency with an interest in the person to whom the
information relates.]
SECTION 6. Section 14.156, Finance Code, is amended to read
as follows:
Sec. 14.156. RECOVERY OF COSTS. In addition to an
investigation fee paid to the commissioner by an applicant for a
license or registration [applicant], the commissioner is entitled
to recover from an applicant, [or] license holder, or registrant
the cost of processing an inquiry to determine whether the person
has a criminal history record.
SECTION 7. Sections 14.154(b) and 14.155(b), Finance Code,
are repealed.
SECTION 8. This Act takes effect September 1, 2015.