73R1308 ESH-F
By Naishtat H.B. No. 1500
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Texas School for the Deaf to
1-3 obtain criminal history record information on certain employees and
1-4 applicants for employment.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 11.033(a)-(f), Education Code, are
1-7 amended to read as follows:
1-8 Sec. 11.033. Access To Criminal History RECORD Information
1-9 <RECORDS>. (a) The <governing board of the> Texas School for the
1-10 Deaf is entitled to obtain criminal history record information
1-11 <records> maintained by the Department of Public Safety, the
1-12 Federal Bureau of Investigation identification division, or another
1-13 law enforcement agency to investigate:
1-14 (1) an employee of the Texas School for the Deaf who
1-15 is engaged in the <direct> delivery of care or services to children
1-16 <on the date the board implements this Act>; or
1-17 (2) a person applying for a position with the school,
1-18 the duties of which include <direct> delivery of care or services
1-19 to children.
1-20 (b) The school may not use the authority granted under this
1-21 section to harass an employee. The governing board of the Texas
1-22 School for the Deaf shall adopt rules to prevent the harassment of
1-23 an employee through the request and use of criminal records.
1-24 (c) The school <board> shall establish a uniform method of
2-1 obtaining criminal history record information <records>. The
2-2 uniform method must require the school <board> to submit to the
2-3 Department of Public Safety or to another law enforcement agency
2-4 either a complete set of fingerprints or the complete name of each
2-5 person being investigated. If the school <board> submits the
2-6 fingerprints of a person being investigated and relevant
2-7 information is not obtained at the state or local law enforcement
2-8 agency level, the school <board> may submit the fingerprints to the
2-9 Federal Bureau of Investigation identification division.
2-10 (d) The school may discharge from employment an employee of
2-11 the school who is engaged in the delivery of care or services to
2-12 children who fails to provide a complete set of fingerprints or a
2-13 complete name on request. The school may deny employment to a
2-14 person who applies for a position with the school the duties of
2-15 which include the delivery of care or services to children who
2-16 fails to provide a complete set of fingerprints or a complete name
2-17 on request <A law enforcement agency may not provide to the board
2-18 the criminal history information records of a person being
2-19 investigated unless the criminal history information records relate
2-20 to:>
2-21 <(1) a felony or misdemeanor classified as an offense
2-22 against the person or the family;>
2-23 <(2) a felony or misdemeanor classified as public
2-24 indecency; or>
2-25 <(3) a felony violation of any statute intended to
2-26 control the possession or distribution of a substance included in
2-27 Chapter 481, Health and Safety Code, or Section 485.033, Health and
3-1 Safety Code>.
3-2 (e) <The board may release information obtained under this
3-3 section to:>
3-4 <(1) the superintendent of the school; and>
3-5 <(2) the person being investigated.>
3-6 <(f)> All criminal history record information <records>
3-7 received by the school is <board are> privileged information and is
3-8 <are> for the exclusive use of the school <board and those persons
3-9 authorized under this section to receive the information>. Except
3-10 on court order or as provided by Subsection (f) of this section
3-11 <with the consent of the person being investigated>, the records
3-12 may not be released or disclosed to any other person or agency.
3-13 The school <board> shall destroy the criminal history information
3-14 records after the records are used for the purposes authorized by
3-15 this section.
3-16 (f) The school may not provide an applicant or employee with
3-17 a copy of the applicant's or employee's criminal history record
3-18 information obtained from the Department of Public Safety, Federal
3-19 Bureau of Investigation identification division, or another law
3-20 enforcement agency. The school may disclose to an applicant or
3-21 employee the dates and places of arrest, the offenses, and the
3-22 dispositions contained in the applicant's or employee's criminal
3-23 history record information.
3-24 SECTION 2. This Act takes effect September 1, 1993.
3-25 SECTION 3. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.
4-3 COMMITTEE AMENDMENT NO. 1
4-4 Amend HB 1500, as follows:
4-5 1) On page 3, line 16, delete the word "not" after the word
4-6 "may" and before the word "provide."
4-7 2) On page 3, lines 20 through 23, delete the sentence "The
4-8 school may disclose to an applicant or employee the dates and
4-9 places of arrest, the offenses, and the dispositions contained in
4-10 the applicant's or employee's criminal history record information."
4-11 Linebarger