HBA-DMD H.B. 3539 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3539
By: Hochberg
Public Safety
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Department of Public Safety (department) charges a $1 fee
for each computerized criminal history search. H.B. 3539 requires certain
state agencies to update the list that includes the name, date of birth,
and any other personal descriptive information for each person licensed by
the respective state agency, and submit it to the department quarterly,
rather than monthly. This bill also requires the department to perform a
computer match of the licensing list against the convictions maintained in
the computerized criminal history system at least quarterly. It authorizes
the department to charge the licensing state agency a fee not to exceed the
actual direct cost incurred by the department in performing a computer
match and reporting to the agency.  

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 Articles 60.061(a) and (b), Code of Criminal Procedure,
to require the Texas State Board of Medical Examiners, the Texas State
Board of Podiatric Medical Examiners, the State Board of Dental Examiners,
the Texas State Board of Pharmacy, and the State Board of Veterinary
Medical Examiners, to update the list that includes the name, date of
birth, and any other personal descriptive information for each person
licensed by the respective state agency, and submit it to the Department of
Public Safety (department) quarterly, rather than monthly. 

(b) Requires the department to perform a computer match of the licensing
list against the convictions maintained in the computerized criminal
history system at least quarterly, rather than monthly. Authorizes the
department to charge the licensing agency a fee not to exceed the actual
direct cost incurred by the department in performing a computer match and
reporting to the agency.  

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