| 1 | 1 | | 85R5937 TSR-F |
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| 2 | 2 | | By: Estes S.B. No. 2058 |
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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 criminal history record information obtained by the |
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| 8 | 8 | | savings and mortgage lending commissioner. |
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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 411.1385, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 411.1385. ACCESS TO CRIMINAL HISTORY RECORD |
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| 13 | 13 | | INFORMATION: SAVINGS AND MORTGAGE LENDING COMMISSIONER. (a) The |
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| 14 | 14 | | savings and mortgage lending commissioner is entitled to obtain |
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| 15 | 15 | | from the department criminal history record information maintained |
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| 16 | 16 | | by the department that relates to a person who is: |
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| 17 | 17 | | (1) an applicant for or holder of a license, charter, |
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| 18 | 18 | | or other authority granted or issued by the savings and mortgage |
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| 19 | 19 | | lending commissioner under: |
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| 20 | 20 | | (A) Subtitle B or C, Title 3, Finance Code; or |
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| 21 | 21 | | (B) Chapter 156, [or] 157, 158, or 180, Finance |
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| 22 | 22 | | Code; |
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| 23 | 23 | | (2) an employee of or volunteer with the Department of |
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| 24 | 24 | | Savings and Mortgage Lending; |
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| 25 | 25 | | (3) an applicant for employment or an internship with |
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| 26 | 26 | | the Department of Savings and Mortgage Lending; or |
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| 27 | 27 | | (4) a contractor or subcontractor of the Department of |
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| 28 | 28 | | Savings and Mortgage Lending. |
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| 29 | 29 | | (b) Except as provided by Subsection (c), the savings and |
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| 30 | 30 | | mortgage lending commissioner may not release or disclose criminal |
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| 31 | 31 | | history record information obtained under this section unless: |
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| 32 | 32 | | (1) the information is obtained from a |
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| 33 | 33 | | fingerprint-based search; and |
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| 34 | 34 | | (2) the information is released or disclosed: |
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| 35 | 35 | | (A) on court order; |
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| 36 | 36 | | (B) to the person who is the subject of the |
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| 37 | 37 | | criminal history record information; or |
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| 38 | 38 | | (C) with the consent of the person who is the |
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| 39 | 39 | | subject of the criminal history record information. |
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| 40 | 40 | | (c) Criminal history record information obtained by the |
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| 41 | 41 | | savings and mortgage lending commissioner under Subsection (a) with |
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| 42 | 42 | | respect to the issuance of a license under Chapter 156, Finance |
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| 43 | 43 | | Code, may be released or disclosed only as provided by Section |
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| 44 | 44 | | 156.206, Finance Code. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2017. |
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