73R8189 PB-F
          By Naishtat                                            H.B. No. 855
          Substitute the following for H.B. No. 855:
          By Bailey                                          C.S.H.B. No. 855
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to disclosure of information by certain applicants for
    1-3  employment in residential dwelling projects; providing criminal
    1-4  penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 135, Human Resources Code, is amended to
    1-7  read as follows:
    1-8       CHAPTER 135.  CRIMINAL CONVICTION CHECKS OF EMPLOYEES OF
    1-9          RESIDENTIAL DWELLING PROJECTS <SUBSIDIZED HOUSING>
   1-10        Sec. 135.001.  Definitions.  In this chapter:
   1-11              (1)  "Department" means the Department of Public
   1-12  Safety.
   1-13              (2)  "Dwelling" means one or more rooms rented for
   1-14  residential purposes to one or more tenants.
   1-15              (3)  "Employer" means a person who employs employees to
   1-16  work at a residential dwelling project.
   1-17              (4) <(2)>  "Employee" means an individual who performs
   1-18  services for compensation at a residential dwelling project and who
   1-19  is employed by the entity that owns the project or represents the
   1-20  owner in managing or leasing dwellings in the project <subsidized
   1-21  housing residence>.  The term does not include an independent
   1-22  contractor.
   1-23              (5) <(3)>  "Occupant" means an individual who resides
   1-24  in a dwelling in a residential dwelling project, other than:
    2-1                    (A)  a tenant of the dwelling; or
    2-2                    (B)  the owner or manager of the dwelling
    2-3  <subsidized housing residence>.
    2-4              (6)  "Residential dwelling project" means a house,
    2-5  condominium, apartment building, duplex, or similar facility that
    2-6  is used as a dwelling; or a facility that provides lodging to
    2-7  guests for compensation, including a hotel, motel, inn, bed and
    2-8  breakfast facility, or similar facility.  The term does not include
    2-9  a nursing home or other related institution regulated under Chapter
   2-10  242, Health and Safety Code.
   2-11              <(4)  "Subsidized housing residence" means a house, an
   2-12  apartment building, a duplex, or other similar facility that is
   2-13  used as a residence and for which the rent or other payment is
   2-14  subsidized by the federal government.>
   2-15        Sec. 135.002.  APPLICATION OF ACT; EXCEPTION.  (a)  This
   2-16  chapter applies to each applicant for a position of employment in a
   2-17  residential dwelling project <subsidized housing residence> to whom
   2-18  an offer of employment is made and who, in the course and scope of
   2-19  the employment, may be reasonably required to have access to a
   2-20  dwelling in the residential dwelling project <the residence of an
   2-21  occupant who is elderly or disabled>.
   2-22        (b)  This chapter does not apply to a person employed by an
   2-23  occupant or tenant of a dwelling in a residential dwelling project.
   2-24        Sec. 135.003.  VERIFICATION OF <ACCESS TO> CRIMINAL HISTORY
   2-25  RECORD INFORMATION.  (a)  An employer may request an applicant to
   2-26  disclose to the employer the applicant's <is entitled to obtain>
   2-27  criminal history at any time before or after an offer of employment
    3-1  is made to the applicant.   After an offer of employment is made,
    3-2  the employer may verify through the department any criminal history
    3-3  record information that is maintained by the department relating to
    3-4  that applicant and that the department is authorized to release
    3-5  under this chapter.  The employer may verify the information only
    3-6  with the authorization of the applicant and in compliance with this
    3-7  section <record information maintained by the Department of Public
    3-8  Safety to investigate an applicant for employment who is subject to
    3-9  this chapter>.
   3-10        (b)  The department <Department of Public Safety> may require
   3-11  the employer to submit the applicant's complete name, date of
   3-12  birth, social security number, sex, race, current street address,
   3-13  and current Texas driver's license number, if any <or the complete
   3-14  name of the applicant for employment>.
   3-15        (c)  The department <Department of Public Safety> may adopt
   3-16  rules relating to an employer's access to criminal history record
   3-17  information, including requirements for submission of:
   3-18              (1)  the employer's complete name, current street
   3-19  address, and federal employer identification number;
   3-20              (2)  an affidavit by an authorized representative of
   3-21  the employer that the individual whose criminal history is
   3-22  requested has been offered a position of employment by the employer
   3-23  in a residential dwelling project and that, in the course and scope
   3-24  of the employment, the individual may be reasonably required to
   3-25  have access to a dwelling in the residential dwelling project; and
   3-26              (3)  the complete name, date of birth, social security
   3-27  number, and current street address of the individual signing the
    4-1  affidavit.
    4-2        (d)  An affidavit submitted under Subsection (c) must include
    4-3  a statement, executed by the individual offered the position of
    4-4  employment, that authorizes the employer to obtain the criminal
    4-5  history record of the individual.
    4-6        (e)  The department rules shall contain procedures to help
    4-7  protect the confidentiality of criminal history record information
    4-8  sent through the United States mail.  The department may adopt
    4-9  forms for requesting the criminal history record information and
   4-10  may assess a fee to cover all <the administrative> costs related to
   4-11  the <of> processing of a request for information under this
   4-12  section.
   4-13        (f) <(d)>  The department <Department of Public Safety> may
   4-14  not provide an employer with the criminal history record
   4-15  information of an applicant under this chapter unless the
   4-16  information relates to:
   4-17              (1)  a felony or misdemeanor classified as an offense
   4-18  against the person or the family;
   4-19              (2)  a felony or misdemeanor classified as public
   4-20  indecency; or
   4-21              (3)  a felony or misdemeanor classified as an offense
   4-22  against property<; or>
   4-23              <(4)  a felony violation of any statute intended to
   4-24  control the possession or distribution of a substance regulated
   4-25  under Chapter 481, Health and Safety Code, or Section 485.033,
   4-26  Health and Safety Code>.
   4-27        (g)  This chapter does not require an employer to obtain
    5-1  criminal history record information under this chapter.
    5-2        Sec. 135.004.  Privilege.  Criminal history record
    5-3  information received by an employer under this chapter is
    5-4  privileged and is for the exclusive use of the employer.  The
    5-5  employer may disclose the information to an authorized officer,
    5-6  employee, or agent of the employer only for the purpose of making a
    5-7  determination regarding the suitability of an individual for
    5-8  employment.  Otherwise <Except on court order or with the written
    5-9  consent of the individual being investigated>, an employer or any
   5-10  person to whom the employer may have disclosed information may not
   5-11  release or otherwise disclose the information received under this
   5-12  chapter to any <other> person or governmental entity except on
   5-13  court order or with the written consent of the individual being
   5-14  investigated.
   5-15        Sec. 135.005.  Penalty.  <(a)>  An individual who is an
   5-16  officer, employee, or agent of an employer and who knowingly or
   5-17  intentionally violates Section 135.004 or submits false information
   5-18  to the department <employer who discloses information in violation
   5-19  of Section 135.004 of this code> commits an offense.  An offense
   5-20  under this subsection is a Class A misdemeanor
   5-21        <(b)  An offense under this section is a felony of the second
   5-22  degree>.
   5-23        Sec. 135.006.  EFFECT OF SUBMISSION OF FALSE INFORMATION.  An
   5-24  employer may terminate the employment of an individual who submits,
   5-25  at the time of the individual's application for employment or after
   5-26  the individual has been employed by the employer, false information
   5-27  relating to the individual's criminal history.
    6-1        Sec. 135.007.  OTHER INFORMATION.  This chapter does not
    6-2  prevent an employer from asking an applicant for employment or an
    6-3  employee to provide other information if the request for that
    6-4  information is not otherwise prohibited by law.
    6-5        SECTION 2.  This Act takes effect September 1, 1993, and
    6-6  applies only to an application for employment made on or after that
    6-7  date.  An application submitted before that date is governed by the
    6-8  law in effect immediately before that date, and that law is
    6-9  continued in effect for that purpose.
   6-10        SECTION 3.  The importance of this legislation and the
   6-11  crowded condition of the calendars in both houses create an
   6-12  emergency and an imperative public necessity that the
   6-13  constitutional rule requiring bills to be read on three several
   6-14  days in each house be suspended, and this rule is hereby suspended.