Bill Caption

Relating to criminal history record information obtained by the savings and mortgage lending commissioner.

Fiscal Notes

Bill Analysis

Under current law, a savings and mortgage lending commissioner is entitled to obtain the criminal history record of an applicant for or holder of a license issued under Chapter 156 or 157, Finance Code.

HB 2580 would expand the types of individuals who could be subject to this information check. It would include an employee or volunteer of the Department of Savings and Mortgage Lending, an applicant or intern with the Department of Savings and Mortgage Lending, or a contractor or subcontractor of the Department of Savings and Mortgage Lending. The commissioner would not be allowed to release or disclose criminal history record information obtained unless under certain conditions.

It would also require any applicant for a "charter or other authority granted" to be subject to the added criminal background check requirement, thus expanding the existing requirements on private persons.

Vote Recommendation Notes

It should not be the role of the savings and mortgage lending commissioner to screen charter or other applicants for their criminal history. We do recognize that it within the role of government to screen its own current and future employees or volunteers and do not necessarily object to this provision. However, because of the new burdens this bill would implement on private individuals, this violates our principles of limited government and individual liberty, so for these reasons, we oppose this legislation. We would withdraw our objection if the provisions that subject private companies and applicants to criminal background checks were removed.