Bill Text: TX HB366 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the dissemination, retention, and use of criminal history record information and fingerprints to and by state agencies for employment, contracting, or licensing or other purposes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-02-11 - Referred to Government Efficiency & Reform [HB366 Detail]

Download: Texas-2013-HB366-Introduced.html

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83R2574 EAH-D
By: Martinez H.B. No. 366

A BILL TO BE ENTITLED
AN ACT
relating to the dissemination, retention, and use of criminal
history record information and fingerprints to and by state
agencies for employment, contracting, or licensing or other
purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 411.1405, Government
Code, is amended to read as follows:
Sec. 411.1405. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: STATE AGENCIES[; INFORMATION TECHNOLOGY EMPLOYEES].
SECTION 2. Sections 411.1405(a) and (b), Government Code,
are amended to read as follows:
(a) In this section, "state agency" [:
[(1) "Information resources" and "information
resources technologies" have the meanings assigned by Section
2054.003.
[(2) "State agency"] means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government that
is created by the constitution or a statute of this state, including
a university system or institution of higher education as defined
by Section 61.003, Education Code.
(b) To the extent consistent with Subsection (e), a state
agency is entitled to obtain from the department the criminal
history record information maintained by the department that
relates to a person who[:
[(1)] is an employee, applicant for employment,
contractor, subcontractor, or intern or other volunteer with the
state agency or with a contractor or subcontractor for the state
agency[; and
[(2) has access to information resources or
information resources technologies, other than a desktop computer
or telephone station assigned to that person].
SECTION 3. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0843 to read as follows:
Sec. 411.0843. FINGERPRINT INFORMATION SUPPLIED TO STATE
AGENCIES FOR LICENSING OR OTHER AUTHORIZATION PURPOSES. (a) In
this section:
(1) "State agency" means a department, commission,
board, office, council, authority, or other agency in the executive
or judicial branch of state government that is created by the
constitution or a statute of this state.
(2) "Written consent" includes consent given by an
electronic signature.
(b) Notwithstanding any other law, a state agency shall
retain fingerprints provided to the agency under this subchapter by
an applicant for a license, certification, permit, or other
authorization to the extent allowed under federal law.
(c) With the written consent of the applicant who provided
the fingerprints and on request, a state agency shall, to the extent
allowed under federal law, provide or make available the
applicant's fingerprints to other state agencies for use by the
agencies in licensing, certifying, permitting, or otherwise
providing authorization to the applicant.
(d) A state agency may use fingerprints provided or made
available to the agency under this section to obtain criminal
history record information to which the agency is entitled under
this subchapter.
(e) Notwithstanding any other law, a state agency,
including the department, may not charge a fee for:
(1) providing, using, or making available the
applicant's fingerprints under Subsection (c); or
(2) processing an inquiry from another state agency
for criminal history record information on the basis of
fingerprints provided or made available under Subsection (c).
SECTION 4. This Act takes effect September 1, 2013.