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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

HOUSE BILL 1075  

HOUSE AUTHOR: McCall

EFFECTIVE: 9-1-03           

SENATE SPONSOR: R. Ellis

            House Bill 1075 amends the Government Code to entitle a state agency to obtain from the Department of Public Safety criminal history record information on an employee, job applicant, contractor, subcontractor, intern, or volunteer with the agency or an agency contractor who has access to information resources or information resources technologies other than a telephone or desktop computer. The agency first must adopt policies and procedures providing that criminal conviction evidence or other information obtained from the record does not automatically disqualify a person from employment. The attorney general must review the policies and procedures for compliance with due process and other legal requirements and may charge the agency a fee for the review. Policies and procedures must provide for a case-by-case determination of employment suitability by the hiring official, based on factors listed in the bill. The bill restricts an agency's release or disclosure of the information and requires destruction of the information once an employment decision or personnel action has occurred. A criminal history record information provision in another law that is more specific to a state agency prevails over the provisions added by the bill, to the extent of any conflict.