§ 1-15. Conducting national criminal background checks.  


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  • (a)

    This section applies to the following licenses, permits or authorizations or renewals thereof:

    (1)

    All licenses issued pursuant to article II of Chapter 8 of this Code except retail supply dealer licenses;

    (2)

    Wrecker licenses issued pursuant to subdivision B of division 2 of article III of Chapter 8 of this Code;

    (3)

    Licenses issued pursuant to 5-163 of this Code authorizing a person to operate, use or maintain a game room or any room or place where persons are permitted to play at any game of dominoes, cards, or other games as described in section 5-162(b) of this Code;

    (4)

    Authorizations for private storage lots issued pursuant to Chapter 8, article III, division 3 of this Code;

    (5)

    Permits for sexually oriented business enterprise entertainers and managers issued pursuant to article VIII of Chapter 28;

    (6)

    Permits for valet parking services, issued pursuant to Chapter 26, article VII, division 2;

    (7)

    Permits for vehicle immobilization services issued pursuant to Chapter 26, article X, division 2 of this Code;

    (8)

    SGT licenses issued pursuant to section 9-58 of this Code and permits, certificates of registration, and licenses issued pursuant to Chapter 46 of this Code;

    (9)

    Licenses for crafted precious metals dealers issued pursuant to article IV of Chapter 7 of this Code;

    (10)

    Permits for boarding homes issued pursuant to article XIV of chapter 28 of this Code;

    (11)

    Licenses issued for dance halls pursuant to chapter 5, article III, of this Code; or

    (12)

    Licenses issued to metal recyclers pursuant to article III of Chapter 7 of this Code.

    (b)

    This section is enacted pursuant to §§ 411.122 and 411.087 of the Texas Government Code, which authorizes the city to obtain criminal history record information maintained or indexed by the Federal Bureau of Investigation ("FBI") through the Texas Department of Public Safety ("DPS").

    (c)

    Each individual whose application for a license, permit or authorization or any renewal thereof is subject to subsection (a) shall be required to provide a complete set of fingerprints and other identifying information to the official designated by the permitting, licensing or authorizing department, along with any applicable fee and any release or waiver forms required in order for the official to conduct a national background check through the FBI.

    (d)

    Upon receipt of the fingerprints and any applicable fee, the city is authorized to submit the fingerprints to the DPS for a search of the State's criminal history record, and the DPS is authorized to forward a set of the fingerprints to the FBI for a national criminal history check. The results of the FBI check will be returned to the DPS, which will disseminate the results of state and national criminal history checks to the city.

    (e)

    The criminal history record information obtained through the FBI by the city will be used to determine compliance with section 1-10 of this Code.

(Ord. No. 2011-395, § 2, 6-1-2011; Ord. No. 2011-489, § 3, 6-22-2011; Ord. No. 2013-111, § 20, 2-6-2013; Ord. No. 2013-157, § 4, 2-20-2013; Ord. No. 2013-613, § 4, 6-19-2013; Ord. No. 2013-674, § 6, 7-24-2013; Ord. No. 2014-674, § 3, 6-25-2014; Ord. No. 2014-754, § 5, 8-6-2014; Ord. No. 2016-964 , § 10, 12-7-2016; Ord. No. 2018-225 , § 5, 3-22-2018)