4 | 6 | | AN ACT |
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5 | 7 | | relating to contracts for fingerprinting services entered into by |
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6 | 8 | | the Department of Public Safety of the State of Texas. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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9 | 11 | | amended by adding Section 411.0865 to read as follows: |
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10 | 12 | | Sec. 411.0865. CONTRACTS FOR FINGERPRINTING SERVICES. (a) |
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11 | 13 | | If the department enters into a contract with a vendor to provide |
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12 | 14 | | fingerprinting services throughout this state for use in accessing |
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13 | 15 | | criminal history record information, including a contract entered |
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14 | 16 | | into under Section 2157.068, the department shall: |
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15 | 17 | | (1) include in the contract a provision that: |
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16 | 18 | | (A) requires notice to the public of a permanent |
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17 | 19 | | closure of a location accessible to the public that provides |
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18 | 20 | | fingerprinting services at least 45 days before the date on which |
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19 | 21 | | the location closes; |
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20 | 22 | | (B) requires a mobile unit to provide |
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21 | 23 | | fingerprinting services in or as near as practicable to the area of |
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22 | 24 | | a location accessible to the public that permanently closes until a |
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23 | 25 | | replacement location is opened in that area at full capacity if the |
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24 | 26 | | closure would cause the vendor to not meet contractual coverage |
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25 | 27 | | requirements; and |
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26 | 28 | | (C) allows the department to contract with a |
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27 | 29 | | second vendor to provide fingerprinting services or to provide |
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28 | 30 | | fingerprinting services by other means if the department determines |
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29 | 31 | | that the original vendor has not fulfilled the contract in a |
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30 | 32 | | reasonable manner; and |
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31 | 33 | | (2) annually review and prepare a report on the |
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32 | 34 | | services provided by the vendor under the contract that includes a |
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33 | 35 | | determination on the vendor's ability to adequately address the |
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34 | 36 | | need for fingerprinting services throughout this state based on: |
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35 | 37 | | (A) the availability of fingerprinting |
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36 | 38 | | appointments throughout this state, including any wait times for |
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37 | 39 | | appointments at locations; and |
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38 | 40 | | (B) a study of the miles required to travel |
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39 | 41 | | throughout this state in order to receive fingerprinting services |
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40 | 42 | | and whether there are short-term or chronic gaps in coverage in |
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41 | 43 | | certain areas of this state. |
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42 | 44 | | (b) The department shall provide the report prepared under |
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43 | 45 | | Subsection (a)(2) to the governor and members of the legislature. |
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44 | 46 | | SECTION 2. The change in law made by this Act applies only |
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45 | 47 | | to a contract for which the Department of Public Safety of the State |
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46 | 48 | | of Texas first advertises or otherwise solicits bids, proposals, |
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47 | 49 | | offers, or qualifications or makes a similar solicitation on or |
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48 | 50 | | after the effective date of this Act. A contract for which the |
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49 | 51 | | Department of Public Safety of the State of Texas first advertises |
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50 | 52 | | or otherwise solicits bids, proposals, offers, or qualifications or |
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51 | 53 | | makes a similar solicitation before the effective date of this Act |
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52 | 54 | | is governed by the law in effect on the date the advertisement or |
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53 | 55 | | solicitation is made, and that law is continued in effect for that |
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54 | 56 | | purpose. |
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55 | 57 | | SECTION 3. This Act takes effect September 1, 2021. |
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56 | | - | ______________________________ ______________________________ |
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57 | | - | President of the Senate Speaker of the House |
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58 | | - | I hereby certify that S.B. No. 922 passed the Senate on |
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59 | | - | April 21, 2021, by the following vote: Yeas 30, Nays 1. |
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60 | | - | ______________________________ |
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61 | | - | Secretary of the Senate |
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62 | | - | I hereby certify that S.B. No. 922 passed the House on |
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63 | | - | May 18, 2021, by the following vote: Yeas 143, Nays 0, two |
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64 | | - | present not voting. |
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65 | | - | ______________________________ |
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66 | | - | Chief Clerk of the House |
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67 | | - | Approved: |
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68 | | - | ______________________________ |
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69 | | - | Date |
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70 | | - | ______________________________ |
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71 | | - | Governor |
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