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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Department of Public Safety to |
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obtain and use criminal history record information for the purpose |
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of performing certain departmental functions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0891(a), Government Code, is amended |
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to read as follows: |
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(a) Subject to Section 411.087, the department is |
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authorized to obtain and use criminal history record information |
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maintained by the Federal Bureau of Investigation or the department |
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that relates to a person who: |
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(1) is an applicant for or holds a Capitol access pass |
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issued by the department under Section 411.0625; |
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(2) is an applicant for or holds a license to carry a |
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handgun issued by the department under Subchapter H or is an |
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applicant for or holds a certification as a qualified handgun |
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instructor issued by the department under that subchapter; |
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(3) [registration issued by the director under
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Subchapter C, Chapter 481, Health and Safety Code, that authorizes
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the person to manufacture, distribute, analyze, or conduct research
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with a controlled substance; (2)] is an applicant for or holds a |
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chemical precursor transfer permit issued by the director under |
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Section 481.078, Health and Safety Code; |
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(4) [(3)] is an applicant for or holds a chemical |
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laboratory apparatus transfer permit issued by the director under |
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Section 481.081, Health and Safety Code; |
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(5) is an applicant for or holds a license to operate |
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as a dispensing organization issued by the department under Chapter |
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487, Health and Safety Code, or is an applicant for or holds a |
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registration as a director, manager, or employee of a dispensing |
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organization issued by the department under that chapter; |
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(6) is an applicant for or holds any private security |
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license, registration, or commission issued by the department under |
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Chapter 1702, Occupations Code; |
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(7) [(4)] is an applicant for certification by the |
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department as an inspection station or an inspector under |
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Subchapter G, Chapter 548, Transportation Code, holds an inspection |
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station or inspector certificate issued under that subchapter, or |
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is the owner of an inspection station operating under that chapter; |
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or |
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(8) [(5)] is an applicant for approval or has been |
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approved as a program sponsor by the department under Chapter 662, |
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Transportation Code, is an applicant for certification by the |
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department as an instructor under that chapter, or holds an |
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instructor certificate issued under that chapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |