HBA-ATS, NLM H.B. 2200 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2200
By: Swinford
County Affairs
10/5/1999
Enrolled



BACKGROUND AND PURPOSE 

Under Texas law, the Department of Public Safety (department) is authorized
to disseminate criminal history record information to certain criminal
justice agencies for specific purposes.  Prior to the 76th Legislature,
counties did not possess the authority to do criminal background checks of
all prospective employees.  There was concern that the inability of a
county to obtain criminal history record information on prospective
employees might have created a security risk to the citizens of the county. 

H.B. 2200 entitles a county to obtain criminal history record information
from the department relating to prospective county employees unless the
information may be obtained under another section of Subchapter F (Criminal
History Record Information), Chapter 411 (Department of Public Safety of
the State of Texas), Government Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 411, Government Code, by adding
Section 411.1295, as follows: 

Sec. 411.1295. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYMENT BY
COUNTY. Entitles a county to obtain criminal history record information
from the Department of Public Safety of the State of Texas, relating to an
applicant for county employment, except as otherwise provided by this
section.  Provides that a county is not entitled to obtain information
about a person under this section if any criminal history record
information is obtained by the county under another section of this
subchapter. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.