HB5097 - Relating to the access to and use of certain criminal history record information, to the procedure for obtaining that information, and to the correct terminology for certain licenses the issuance of which requires a criminal history background check.

  89R27173 MZM-D     By: Guillen H.B. No. 5097     Substitute the following for H.B. No. 5097:     By:  Hefner C.S.H.B. No. 5097       A BILL TO BE ENTITLED   AN ACT   relating to the access to and use of certain criminal history record   information, to the procedure for obtaining that information, and   to the correct terminology for certain licenses the issuance of   which requires a criminal history background check.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 411.0845(e), Government Code, is amended   to read as follows:          (e)  A person entitled to receive criminal history record   information under this section must provide the department with the   following information regarding the person who is the subject of   the criminal history record information requested:                (1)  the person's full name, date of birth, and sex,   [ and social security number, ] and the number assigned to any form of   unexpired identification card issued by this state or another   state, the District of Columbia, or a territory of the United States   that includes the person's photograph;                (2)  a recent electronic digital image photograph of   the person and a complete set of the person's fingerprints as   required by the department; and                (3)  any other information required by the department.          SECTION 2.  Section 411.086(b), Government Code, is amended   to read as follows:          (b)  Rules adopted by the department:                (1)  shall provide for a uniform method of requesting   criminal history record information from the department;                (2)  may require a person requesting criminal history   record information about an individual to submit to the department   one or more of the following:                      (A)  the complete name, race, and sex of the   individual;                      (B)  any known alias name of the individual;                      (C)  a complete set of the individual's   fingerprints;                      (D)  a recent photograph of the individual;                      (E)  any known identifying number of the   individual, including [ social security number, ] FBI number,   driver's license number, or state identification number;                      (F)  the individual's date of birth;                      (G)  any known alias dates of birth of the   individual; or                      (H)  any other information the department   determines is necessary to identify the individual or the record;                (3)  shall provide for the methods and formats for   dissemination of criminal history record information; and                (4)  shall provide security measures and policies that   are designed to guard against unauthorized release or dissemination   of criminal history record information that is maintained or   disseminated by the department.          SECTION 3.  Section 411.087(e), Government Code, is amended   to read as follows:          (e)  The department may provide access to state and national   criminal history record information to a  qualified entity     [ entities ] entitled to that information regarding the entity's   employees and contractors under the National Child Protection Act   of 1993 (34 U.S.C. Section 40102)  [ 42 U.S.C. Section 5119a ].  The   department must follow federal law and regulation, federal   executive orders, and federal policy in releasing information under   this subsection.          SECTION 4.  Section 411.095(b), Government Code, is amended   to read as follows:          (b)  The consumer credit commissioner may not release or   disclose to any person criminal history record information obtained   from the Federal Bureau of Investigation under Subsection (a-1)(1) ,   except to the person who is the subject of the criminal history   record information .  The consumer credit commissioner may not   release or disclose criminal history record information obtained   under Subsection (a-1)(2) except:                (1)  on court order;                (2)  to the person who is the subject of the criminal   history record information;                (3)  with the consent of the person who is the subject   of the criminal history record information; or                (4)  in a hearing where the Office of Consumer Credit   Commissioner is a party.          SECTION 5.  Section 411.106(a), Government Code, is amended   to read as follows:          (a)  The Texas Department of Insurance is entitled to obtain   criminal history record information as provided by Subsection (a-1)   that relates to a person who is:                (1)  an applicant for a license, permit, certificate of   authority, certificate of registration, or other authorization   issued by the Texas Department of Insurance to engage in an activity   regulated under the Insurance Code , including a person who is:                       (A)     an applicant for approval of an acquisition,   change, or divestiture of control of a domestic insurer under   Chapter 823, Insurance Code;                       (B)     an applicant for or holder of a surplus lines   license under Chapter 981, Insurance Code, or associated with an   entity that is an applicant for or holder of such a license;                       (C)     an applicant for or holder of a life   insurance provider or broker license under Chapter 1111A, Insurance   Code, or associated with an entity that is an applicant for or   holder of such a license;                       (D)     an applicant for or holder of a title   insurance agent license under Chapter 2651, Insurance Code, or   associated with an entity that is an applicant for or holder of such   a license;                       (E)     an applicant for or holder of an escrow   officer license under Chapter 2652, Insurance Code, or associated   with an entity that is an applicant for or holder of such a license;                       (F)     an applicant for or holder of an agent   license, temporary license, or provisional permit under Chapter   4001, Insurance Code;                       (G)     an applicant for or holder of a general   property and casualty license under Chapter 4051, Insurance Code,   or associated with an entity that is an applicant for or holder of   such a license;                       (H)     an applicant for or holder of a managing   general agent license under Chapter 4053, Insurance Code, or   associated with an entity that is an applicant for or holder of such   a license;                       (I)     an applicant for or holder of a license under   Chapter 4054, Insurance Code, or associated with an entity that is   an applicant for or holder of such a license;                       (J)     an applicant for or holder of a nonresident   agent license under Chapter 4056, Insurance Code, or associated   with an entity that is an applicant for or holder of such a license;                       (K)     an applicant for or holder of an insurance   adjuster license under Chapter 4101, Insurance Code, or associated   with an entity that is an applicant for or holder of such a license;                       (L)     an applicant for or holder of a public   insurance adjuster license under Chapter 4102, Insurance Code, or   associated with an entity that is an applicant for or holder of such   a license;                       (M)     an applicant for or holder of a certificate   of authority under Chapter 4151, Insurance Code, or associated with   an entity that is an applicant for or holder of such a certificate;                       (N)     an applicant for or holder of a reinsurance   intermediary license under Chapter 4152, Insurance Code, or   associated with an entity that is an applicant for or holder of such   a license;                       (O)     an applicant for or holder of a risk manager   license under Chapter 4153, Insurance Code, or associated with an   entity that is an applicant for or holder of such a license;                       (P)     an applicant for or holder of a certificate   of registration under Chapter 4201, Insurance Code, or associated   with an entity that is an applicant for or holder of such a   certificate;                       (Q)     associated with an independent review   organization that is an applicant for or holder of a certification   under Chapter 4202, Insurance Code;                       (R)     associated with a discount health care   program operator that is an applicant for or holder of a   registration under Chapter 7001, Insurance Code; and                       (S)     an applicant for or holder of a license under   Chapter 91, Labor Code ; or                (2)  a corporate officer or director of an insurance   company regulated by the Texas Department of Insurance , including a   company that is an applicant for or holder of a certificate of   authority under the following provisions of the Insurance Code:                       (A)  Chapter 801;                       (B)  Chapter 822;                       (C)  Chapter 841;                       (D)  Chapter 843;                       (E)  Chapter 844;         &# [Text truncated for display. 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