Senate Substitute

SECTION 26.142 - BACKGROUND CHECKS FOR GUBERNATORIAL APPOINTEES

This section requires the Highway Patrol, at the directive of the Governor, to conduct name or fingerprint background investigations of gubernatorial appointees. The Governor's directive shall state whether such background investigation shall be a name or fingerprint background investigation. If a fingerprint background investigation is ordered, the appointee must submit a set of fingerprints.

These fingerprints and the accompanying fees are forwarded to the Highway Patrol to search the state criminal history repository and the FBI for a national criminal background check.

The name or fingerprint background investigation may include criminal history record information and other source information obtained by the Highway Patrol. The information received by the Highway Patrol is confidential and shall not be disclosed except to the Governor or necessary members of the Governor's staff.

SECTION 43.530 - FEES FOR CRIMINAL BACKGROUND CHECKS

Currently, an entity making a request for criminal history record information that is not based on a fingerprint search must pay a fee of not more than $5 per request. Under this section, an entity cannot be made to pay more than $9 dollars for such a request. However, after January 1, 2007, the central repository of the Highway Patrol may increase the fee by not more than $1 per year. Under no circumstances shall the fee exceed $15 dollars per request.

Currently, an entity making a request for criminal history record information that is based on a fingerprint search must pay a fee of not more than $20 per request. Under this section, an entity cannot be made to pay more than $15 dollars for such a request.

SECTION 43.546 - BACKGROUND CHECKS BY STATE AGENCIES

This section allows any state agency to require an applicant to provide fingerprints in specified occupations within the state agency for the purposes of positive identification and receiving criminal history record information when determining his or her?s ability to serve in such an occupation.

In order to do so, the applicant or employee must submit a set of fingerprints. These fingerprints and the accompanying fees are forwarded to the Highway Patrol to search the state criminal history repository and the FBI for a national criminal background check. All records related to any criminal history information discovered shall be accessible to the state agency making the request.

This act is similar to SB 873 (2006).

SUSAN HENDERSON MOORE