Texas 2015 - 84th Regular

Texas Senate Bill SB1075 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Eltife S.B. No. 1075
2		-	(Flynn)
	1	+	S.B. No. 1075
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to criminal history record information obtained by the
8	6		consumer credit commissioner.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 411.095, Government Code, is amended to
11	9		read as follows:
12	10		Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD
13	11		INFORMATION: CONSUMER CREDIT COMMISSIONER. (a) The consumer
14	12		credit commissioner is entitled to obtain from the department
15	13		criminal history record information that relates to a person who
16	14		is:
17	15		(1) an applicant for or holder of a license or
18	16		registration under Chapter 180, 342, 347, 348, 351, 353, [or] 371,
19	17		393, or 394, Finance Code;
20	18		(2) an employee of or volunteer with the Office of
21	19		Consumer Credit Commissioner;
22	20		(3) an applicant for employment with the Office of
23	21		Consumer Credit Commissioner; or
24	22		(4) a contractor or subcontractor of the Office of
25	23		Consumer Credit Commissioner.
26	24		(b) The consumer credit commissioner may not release or
27	25		disclose criminal history record information obtained under this
28	26		section unless:
29	27		(1) the information is obtained from a
30	28		fingerprint-based search; and
31	29		(2) the information is released or disclosed:
32	30		(A) on court order;
33	31		(B) to the person who is the subject of the
34	32		criminal history record information; or
35	33		(C) with the consent of the person who is the
36	34		subject of the criminal history record information.
37	35		SECTION 2. Section 14.151, Finance Code, is amended to read
38	36		as follows:
39	37		Sec. 14.151. OBTAINING INFORMATION. (a) The commissioner
40	38		or an assistant commissioner, examiner, or other employee of the
41	39		office shall obtain criminal history record information maintained
42	40		by the Department of Public Safety, the Federal Bureau of
43	41		Investigation Identification Division, or another law enforcement
44	42		agency relating to a person described by Section 411.095(a)(1),
45	43		Government Code[:
46	44		[(1) an applicant for a license issued by the
47	45		commissioner; or
48	46		[(2) a person licensed under the commissioner's
49	47		authority].
50	48		(b) For an applicant for a license or registration, [or]
51	49		license holder, or registrant that is a business entity, the
52	50		criminal history record information requirement of this section
53	51		applies to an officer, director, owner, or employee of the entity or
54	52		another person having a substantial relationship with the entity.
55	53		SECTION 3. Section 14.152, Finance Code, is amended to read
56	54		as follows:
57	55		Sec. 14.152. FINGERPRINT REQUIREMENT; PENALTY. The
58	56		commissioner may refuse to grant a license or registration to, or
59	57		may suspend or revoke the license or registration of, an applicant,
60	58		[or] license holder, or registrant described by Section
61	59		411.095(a)(1), Government Code, who fails to provide, on request, a
62	60		complete set of legible fingerprints on a fingerprint card format
63	61		approved by the Department of Public Safety and the Federal Bureau
64	62		of Investigation.
65	63		SECTION 4. The heading to Section 14.155, Finance Code, is
66	64		amended to read as follows:
67	65		Sec. 14.155. DISCLOSURE[; OFFENSE].
68	66		SECTION 5. Section 14.155(a), Finance Code, is amended to
69	67		read as follows:
70	68		(a) The office may not release or disclose [provide a person
71	69		being investigated under this subchapter with a copy of the
72	70		person's] criminal history record information obtained from the
73	71		Department of Public Safety, Federal Bureau of Investigation
74	72		Identification Division, or other law enforcement agency, except as
75	73		provided by Section 411.095(b), Government Code. [This subchapter
76	74		does not prevent the office from:
77	75		[(1) disclosing to the person being investigated a
78	76		date and place of arrest or an offense or disposition contained in
79	77		the criminal history record; or
80	78		[(2) disclosing criminal history record information
81	79		to, and discussing the information with, an authorized law
82	80		enforcement agency with an interest in the person to whom the
83	81		information relates.]
84	82		SECTION 6. Section 14.156, Finance Code, is amended to read
85	83		as follows:
86	84		Sec. 14.156. RECOVERY OF COSTS. In addition to an
87	85		investigation fee paid to the commissioner by an applicant for a
88	86		license or registration [applicant], the commissioner is entitled
89	87		to recover from an applicant, [or] license holder, or registrant
90	88		the cost of processing an inquiry to determine whether the person
91	89		has a criminal history record.
92	90		SECTION 7. Sections 14.154(b) and 14.155(b), Finance Code,
93	91		are repealed.
94	92		SECTION 8. This Act takes effect September 1, 2015.
	93	+	______________________________ ______________________________
	94	+	President of the Senate Speaker of the House
	95	+	I hereby certify that S.B. No. 1075 passed the Senate on
	96	+	April 21, 2015, by the following vote: Yeas 29, Nays 1.
	97	+	______________________________
	98	+	Secretary of the Senate
	99	+	I hereby certify that S.B. No. 1075 passed the House on
	100	+	May 19, 2015, by the following vote: Yeas 144, Nays 2, two
	101	+	present not voting.
	102	+	______________________________
	103	+	Chief Clerk of the House
	104	+	Approved:
	105	+	______________________________
	106	+	Date
	107	+	______________________________
	108	+	Governor