By: Holland, Longoria (Senate Sponsor - Estes) H.B. No. 2580
(In the Senate - Received from the House May 1, 2017;
May 3, 2017, read first time and referred to Committee on Natural
Resources & Economic Development; May 9, 2017, reported favorably
by the following vote: Yeas 11, Nays 0; May 9, 2017, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information obtained by the
savings and mortgage lending commissioner.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1385, Government Code, is amended to
read as follows:
Sec. 411.1385. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: SAVINGS AND MORTGAGE LENDING COMMISSIONER. (a) The
savings and mortgage lending commissioner is entitled to obtain
from the department criminal history record information maintained
by the department that relates to a person who is:
(1) an applicant for or holder of a license, charter,
or other authority granted or issued by the savings and mortgage
lending commissioner under:
(A) Subtitle B or C, Title 3, Finance Code; or
(B) Chapter 156, [or] 157, 158, or 180, Finance
Code;
(2) an employee of or volunteer with the Department of
Savings and Mortgage Lending;
(3) an applicant for employment or an internship with
the Department of Savings and Mortgage Lending; or
(4) a contractor or subcontractor of the Department of
Savings and Mortgage Lending.
(b) Except as provided by Subsection (c), the savings and
mortgage lending 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.
(c) Criminal history record information obtained by the
savings and mortgage lending commissioner under Subsection (a) with
respect to the issuance of a license under Chapter 156, Finance
Code, may be released or disclosed only as provided by Section
156.206, Finance Code.
SECTION 2. This Act takes effect September 1, 2017.
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