|
|
|
|
AN ACT
|
|
relating to criminal history record information obtained by the |
|
savings and mortgage lending commissioner. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 411.1385, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.1385. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: SAVINGS AND MORTGAGE LENDING COMMISSIONER. (a) The |
|
savings and mortgage lending commissioner is entitled to obtain |
|
from the department criminal history record information maintained |
|
by the department that relates to a person who is: |
|
(1) an applicant for or holder of a license, charter, |
|
or other authority granted or issued by the savings and mortgage |
|
lending commissioner under: |
|
(A) Subtitle B or C, Title 3, Finance Code; or |
|
(B) Chapter 156, [or] 157, 158, or 180, Finance |
|
Code; |
|
(2) an employee of or volunteer with the Department of |
|
Savings and Mortgage Lending; |
|
(3) an applicant for employment or an internship with |
|
the Department of Savings and Mortgage Lending; or |
|
(4) a contractor or subcontractor of the Department of |
|
Savings and Mortgage Lending. |
|
(b) Except as provided by Subsection (c), the savings and |
|
mortgage lending commissioner may not release or disclose criminal |
|
history record information obtained under this section unless: |
|
(1) the information is obtained from a |
|
fingerprint-based search; and |
|
(2) the information is released or disclosed: |
|
(A) on court order; |
|
(B) to the person who is the subject of the |
|
criminal history record information; or |
|
(C) with the consent of the person who is the |
|
subject of the criminal history record information. |
|
(c) Criminal history record information obtained by the |
|
savings and mortgage lending commissioner under Subsection (a) with |
|
respect to the issuance of a license under Chapter 156, Finance |
|
Code, may be released or disclosed only as provided by Section |
|
156.206, Finance Code. |
|
SECTION 2. This Act takes effect September 1, 2017. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2580 was passed by the House on April |
|
27, 2017, by the following vote: Yeas 144, Nays 0, 3 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 2580 was passed by the Senate on May |
|
15, 2017, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |