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