S.B. No. 510
99-1 COMMITTEE AMENDMENT NO. 1
99-2 Amend C.S.S.B. No. 510, in Section 33 of the bill,
99-3 immediately following Section 411.123, Government Code, by adding
99-4 the following:
99-5 "Sec. 411.1235. ACCESS TO CRIMINAL HISTORY RECORD
99-6 INFORMATION; VOLUNTEER FIRE DEPARTMENTS. (a) A volunteer fire
99-7 department, or a fire department operated by a rural fire
99-8 prevention district is entitled to obtain from the department
99-9 criminal history record information maintained by the department
99-10 that relates to a person who is required to be certified by the
99-11 Texas Commission on Fire Protection and:
99-12 (1) is an applicant for a beginning position with the
99-13 fire department; or
99-14 (2) currently holds a position with that fire
99-15 department.
99-16 (b) A fire department is entitled to obtain only criminal
99-17 history record information that relates to the conviction of the
99-18 person.
99-19 (c) A fire department may not keep or retain criminal
99-20 history record information obtained under this section in any file.
99-21 Criminal history record information must be destroyed promptly
99-22 after the determination of suitability of the person for any
99-23 position as a volunteer or employee."
99-24 Oakley
99-25 COMMITTEE AMENDMENT NO. 2
99-26 Amend S.B. No. 510, starting on page 78, by striking the
99-27 added Section 411.113 and substituting the following:
100-1 Sec. 411.113. ACCESS TO CRIMINAL HISTORY RECORD
100-2 INFORMATION: TEXAS SCHOOL FOR THE DEAF. (a) The Texas School for
100-3 the Deaf is entitled to obtain criminal history record information
100-4 maintained by the Department of Public Safety, the Federal Bureau
100-5 of Investigation identification division or another law enforcement
100-6 agency which relates to School employees, professional consultants,
100-7 applicants for permanent, temporary or consultative employment and
100-8 volunteer positions whose employment or potential employment or
100-9 volunteer positions with the School involves direct interactions
100-10 with, or the opportunity to interact and associate with, the
100-11 children or youth attending the School.
100-12 (b) Criminal history record information obtained by the
100-13 school under Subsection (a) may not be released or disclosed to any
100-14 person except on court order, with the consent of the person who is
100-15 the subject of the criminal history record information, or as
100-16 provided by Subsection (d).
100-17 (c) The school shall destroy criminal history record
100-18 information that relates to a person after the information is used
100-19 for its authorized purpose.
100-20 (d) The school may provide the applicant, employee,
100-21 professional consultant or volunteer with a copy of their
100-22 respective criminal history record information obtained from the
100-23 Department of Public Safety, Federal Bureau of Investigation
100-24 identification division, or another law enforcement agency.
100-25 (e) The failure or refusal to provide a complete set of
100-26 fingerprints or a complete name on request constitutes good cause
100-27 for dismissal or refusal to hire, as applicable, with regard to
101-1 school employees, professional consultants, and applicants for
101-2 permanent, temporary or consultative employment or volunteer
101-3 positions whose employment or potential employment or volunteer
101-4 position with the school involves direct interactions with, or the
101-5 opportunity to interact and associate with, the children or youth
101-6 attending the school.
101-7 Oakley
101-8 COMMITTEE AMENDMENT NO. 3
101-9 Amend S.B. No. 510, starting on page 66, by striking the
101-10 added Section 411.098 and substituting the following:
101-11 Sec. 411.098. ACCESS TO CRIMINAL HISTORY RECORD
101-12 INFORMATION: TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.
101-13 (a) The Texas School for the Blind and Visually Impaired is
101-14 entitled to obtain criminal history record information maintained
101-15 by the Department of Public Safety, the Federal Bureau of
101-16 Investigation identification division or another law enforcement
101-17 agency which relates to School employees, professional consultants,
101-18 applicants for permanent, temporary or consultative employment and
101-19 volunteer positions whose employment or potential employment or
101-20 volunteer positions with the School involves direct interactions
101-21 with, or the opportunity to interact and associate with, the
101-22 children or youth attending the School.
101-23 (b) Criminal history record information obtained by the
101-24 school under Subsection (a) may not be released or disclosed to any
101-25 person except on court order, with the consent of the person who is
101-26 the subject of the criminal history record information, or as
101-27 provided by Subsection (d).
102-1 (c) The school shall destroy criminal history record
102-2 information that relates to a person after the information is used
102-3 for its authorized purpose.
102-4 (d) The school may provide the applicant, employee,
102-5 professional consultant or volunteer with a copy of their
102-6 respective criminal history record information obtained from the
102-7 Department of Public Safety, Federal Bureau of Investigation
102-8 identification division, or another law enforcement agency.
102-9 (e) The failure or refusal to provide a complete set of
102-10 fingerprints or a complete name on request constitutes good cause
102-11 for dismissal or refusal to hire, as applicable, with regard to
102-12 school employees, professional consultants, and applicants for
102-13 permanent, temporary or consultative employment or volunteer
102-14 positions whose employment or potential employment or volunteer
102-15 position with the school involves direct interactions with, or the
102-16 opportunity to interact and associate with, the children or youth
102-17 attending the school.
102-18 Oakley
102-19 COMMITTEE AMENDMENT NO. 4
102-20 Amend S.B. 510, as follows:
102-21 On page 26, lines 15-25 and page 27 line 1, delete all of
102-22 SECTION 22.
102-23 Renumber the subsequent sections.
102-24 Oakley
102-25 COMMITTEE AMENDMENT NO. 5
102-26 Amend S.B. 510, as follows:
102-27 On Page 91, delete Section 411.126. Beginning at line 18
103-1 page 91 add the following:
103-2 Sec. 411.126. ACCESS TO CRIMINAL HISTORY RECORD
103-3 INFORMATION: VOLUNTEER CENTER OF DALLAS COUNTY. (a) In this
103-4 section:
103-5 (1) "volunteer center" means a nonprofit, tax-exempt
103-6 organization:
103-7 (A) whose primary purposes is to recruit and
103-8 refer individual volunteers for other nonprofit groups in that
103-9 area;
103-10 (B) is certified as a bona fide volunteer center
103-11 by the department; and
103-12 (C) that is operating on the effective date of
103-13 this Act as "Volunteer Center of Dallas County".
103-14 (2) "volunteer or volunteer applicant" means a person
103-15 who will perform one or more of the following services without
103-16 remuneration:
103-17 (A) any service performed in a residence;
103-18 (B) any service that requires the access to or
103-19 the handling of money or confidential or privileged information; or
103-20 (C) any service that involves the care of or
103-21 access to:
103-22 (i) a child;
103-23 (ii) an elderly person; or
103-24 (iii) a person who is mentally
103-25 incompetent, mentally retarded, physically disabled, ill or
103-26 incapacitated.
103-27 (3) "employee or employee applicant" means a person
104-1 who will perform one or more of the following services or functions
104-2 for remuneration:
104-3 (A) any service performed in a residence;
104-4 (B) any service that requires the access to or
104-5 the handling of money or confidential or privileged information; or
104-6 (C) any service that involves the care of or
104-7 access to:
104-8 (i) a child;
104-9 (ii) an elderly person;
104-10 (iii) a person who is mentally
104-11 incompetent, mentally retarded, physically disabled, ill or
104-12 incapacitated;
104-13 (D) coordination or referral of volunteers; or
104-14 (E) executive administrative responsibilities.
104-15 (4) "client agency" means a non-profit agency served
104-16 by a volunteer center.
104-17 (b) A volunteer center is entitled to obtain from the
104-18 department criminal history record information maintained by the
104-19 department that relates to a person who is:
104-20 (1) an employee, an employee applicant, a volunteer or
104-21 volunteer applicant of the volunteer center; or
104-22 (2) an employee, an employee applicant, a volunteer or
104-23 volunteer applicant of a client agency.
104-24 (c) A volunteer center is entitled to obtain from the
104-25 department only criminal history record information that relates to
104-26 a conviction.
104-27 (d) The department may establish rules governing the
105-1 administration of this section.
105-2 (e) A volunteer center may disseminate criminal history
105-3 record information to a client agency, if the client agency has
105-4 been approved by the department.
105-5 (f) A volunteer center or client agency may not keep or
105-6 retain criminal history record information obtained under this
105-7 section in any file. Criminal history record information must be
105-8 destroyed promptly after the determination of suitability of the
105-9 person for any position as a volunteer or employee.
105-10 Oakley
105-11 COMMITTEE AMENDMENT NO. 6
105-12 Amend S.B. 510, as follows:
105-13 On page 9, lines 10-11, strike the words "least quarterly and
105-14 until"
105-15 Oakley
105-16 COMMITTEE AMENDMENT NO. 7
105-17 Amend S.B. 510 by adding a new SECTION 39 of the bill to read
105-18 as follows:
105-19 SECTION 39. Article 6701d-11, Vernon's Texas Civil Statutes,
105-20 is amended by adding a new Section 6B to read as follows:
105-21 Sec. 6B. In addition to the authority granted under Section
105-22 6 of this Act and other laws to certain officers, a Department of
105-23 Public Safety officer or an authorized employee of the Railroad
105-24 Commission who has reason to believe that a commercial motor
105-25 vehicle operating on a highway is in violation of a rule, order, or
105-26 permit of the Railroad Commission or state law relating to the
105-27 operation of such vehicles, including gross weight or axle load
106-1 limitations, insurance or any other safety requirement, may stop
106-2 and detain the vehicle to determine if the vehicle is in violation.
106-3 If so, the officer or Railroad Commission employee may prohibit the
106-4 vehicle from proceeding further in the state until the violation is
106-5 corrected.
106-6 Renumber subsequent sections appropriately.
106-7 Oakley
106-8 COMMITTEE AMENDMENT NO. 8
106-9 Amend S.B. No. 510 on pages 75 and 76 by striking Subsection
106-10 (a) of proposed Section 411.109 and substituting the following:
106-11 (a) The treasurer is entitled to obtain from the department
106-12 criminal history record information maintained by the department
106-13 that the treasurer believes is necessary for the enforcement or
106-14 administration of Chapter 154 or Chapter 155, Tax Code, including
106-15 criminal history record information that relates to a person who
106-16 is:
106-17 (1) an applicant for a permit under Chapter 154 or
106-18 Chapter 155, Tax Code;
106-19 (2) a permit holder under either of those chapters;
106-20 (3) an officer, director, stockholder owning 10
106-21 percent or more of the outstanding stock, partner, owner, or
106-22 managing employee of an applicant or permit holder under either of
106-23 those chapters that is a corporation, association, joint venture,
106-24 syndicate, partnership, or proprietorship;
106-25 (4) believed to have violated Chapter 154 or Chapter
106-26 155, Tax Code; or
106-27 (5) being considered by the treasurer for employment
107-1 as a peace officer.
107-2 Oakley
107-3 COMMITTEE AMENDMENT NO. 9
107-4 Amend S.B. 510 on page 95 lines 19 and 20 by deleting
107-5 "Subsections (a), (d), (e), (f), (g) and (h), before the word
107-6 "Section".
107-7 Oakley
107-8 COMMITTEE AMENDMENT NO. 10
107-9 Amend S.B. 510, page 36, line 18, by adding subsection (d) to
107-10 read as follows:
107-11 (d) The commission is entitled to receive criminal history
107-12 record information, without charge, from any political subdivision
107-13 of this state. Information obtained may only be used by the
107-14 commission for the enforcement of the Alcoholic Beverage Code.
107-15 Oakley