S.B. No. 536
AN ACT
1-1 relating to disclosure of information by certain applicants for
1-2 employment in residential dwelling projects; providing criminal
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 135, Human Resources Code, is amended to
1-6 read as follows:
1-7 CHAPTER 135. CRIMINAL CONVICTION CHECKS OF EMPLOYEES OF
1-8 RESIDENTIAL DWELLING PROJECTS <SUBSIDIZED HOUSING>
1-9 Sec. 135.001. Definitions. In this chapter:
1-10 (1) "Department" means the Department of Public
1-11 Safety.
1-12 (2) "Dwelling" means one or more rooms rented for
1-13 residential purposes to one or more tenants.
1-14 (3) "Employer" means a person who employs employees to
1-15 work at a residential dwelling project.
1-16 (4) <(2)> "Employee" means an individual who performs
1-17 services for compensation at a residential dwelling project and who
1-18 is employed by the entity that owns the project or represents the
1-19 owner in managing or leasing dwellings in the project <subsidized
1-20 housing residence>. The term does not include an independent
1-21 contractor.
1-22 (5) <(3)> "Occupant" means an individual who resides
1-23 in a dwelling in a residential dwelling project, other than:
1-24 (A) a tenant of the dwelling; or
2-1 (B) the owner or manager of the dwelling
2-2 <subsidized housing residence>.
2-3 (6) "Residential dwelling project" means a house,
2-4 condominium, apartment building, duplex, or similar facility that
2-5 is used as a dwelling or a facility that provides lodging to guests
2-6 for compensation including a hotel, motel, inn, bed and breakfast
2-7 facility, or similar facility. The term does not include a nursing
2-8 home or other related institution regulated under Chapter 242,
2-9 Health and Safety Code.
2-10 <(4) "Subsidized housing residence" means a house, an
2-11 apartment building, a duplex, or other similar facility that is
2-12 used as a residence and for which the rent or other payment is
2-13 subsidized by the federal government.>
2-14 Sec. 135.002. APPLICATION OF ACT; EXCEPTION. (a) This
2-15 chapter applies to each applicant for a position of employment in a
2-16 residential dwelling project <subsidized housing residence> to whom
2-17 an offer of employment is made and who, in the course and scope of
2-18 the employment, may be reasonably required to have access to a
2-19 dwelling in the residential dwelling project <the residence of an
2-20 occupant who is elderly or disabled>.
2-21 (b) This chapter does not apply to a person employed by an
2-22 occupant or tenant of a dwelling in a residential dwelling project.
2-23 Sec. 135.003. VERIFICATION OF <ACCESS TO> CRIMINAL HISTORY
2-24 RECORD INFORMATION. (a) An employer may request an applicant to
2-25 disclose to the employer the applicant's <is entitled to obtain>
2-26 criminal history at any time before or after an offer of employment
2-27 is made to the applicant. After an offer of employment is made,
3-1 the employer may verify through the department any criminal history
3-2 record information that is maintained by the department relating to
3-3 that applicant and that the department is authorized to release
3-4 under this chapter. The employer may verify the information only
3-5 with the authorization of the applicant and in compliance with this
3-6 section <record information maintained by the Department of Public
3-7 Safety to investigate an applicant for employment who is subject to
3-8 this chapter>.
3-9 (b) The department <Department of Public Safety> may require
3-10 the employer to submit the applicant's complete name, date of
3-11 birth, social security number, sex, race, current street address,
3-12 and current Texas driver's license number, if any <or the complete
3-13 name of the applicant for employment>.
3-14 (c) The department <Department of Public Safety> may adopt
3-15 rules relating to an employer's access to criminal history record
3-16 information, including requirements for submission of:
3-17 (1) the employer's complete name, current street
3-18 address, and federal employer identification number;
3-19 (2) an affidavit by an authorized representative of
3-20 the employer that the individual whose criminal history is
3-21 requested has been offered a position of employment by the employer
3-22 in a residential dwelling project and that, in the course and scope
3-23 of the employment, the individual may be reasonably required to
3-24 have access to a dwelling in the residential dwelling project; and
3-25 (3) the complete name, date of birth, social security
3-26 number, and current street address of the individual signing the
3-27 affidavit.
4-1 (d) An affidavit submitted under Subsection (c) must include
4-2 a statement, executed by the individual offered the position of
4-3 employment, that authorizes the employer to obtain the criminal
4-4 history record of the individual.
4-5 (e) The department rules shall contain procedures to help
4-6 protect the confidentiality of criminal history record information
4-7 sent through the United States mail. The department may adopt
4-8 forms for requesting the criminal history record information and
4-9 may assess a fee to cover all <the administrative> costs related to
4-10 <of> processing a request for information under this section.
4-11 (f) <(d)> The department <Department of Public Safety> may
4-12 not provide an employer with the criminal history record
4-13 information of an applicant under this chapter unless the
4-14 information relates to:
4-15 (1) a felony or misdemeanor classified as an offense
4-16 against the person or the family;
4-17 (2) a felony or misdemeanor classified as public
4-18 indecency; or
4-19 (3) a felony or misdemeanor classified as an offense
4-20 against property<; or>
4-21 <(4) a felony violation of any statute intended to
4-22 control the possession or distribution of a substance regulated
4-23 under Chapter 481, Health and Safety Code, or Section 485.033,
4-24 Health and Safety Code>.
4-25 (g) This chapter does not require an employer to obtain
4-26 criminal history record information under this chapter.
4-27 Sec. 135.004. Privilege. Criminal history record
5-1 information received by an employer under this chapter is
5-2 privileged and is for the exclusive use of the employer. The
5-3 employer may disclose the information to an authorized officer,
5-4 employee, or agent of the employer only for the purpose of making a
5-5 determination regarding the suitability of an individual for
5-6 employment. Otherwise <Except on court order or with the written
5-7 consent of the individual being investigated>, an employer, or any
5-8 individual to whom the employer may have disclosed information, may
5-9 not release or otherwise disclose the information received under
5-10 this chapter to any <other> person or governmental entity except on
5-11 court order or with the written consent of the individual being
5-12 investigated.
5-13 Sec. 135.005. Penalty. <(a)> An individual who is an
5-14 officer, employee, or agent of an employer and who knowingly or
5-15 intentionally violates Section 135.004 of this chapter or submits
5-16 false information to the department <employer who discloses
5-17 information in violation of Section 135.004 of this code> commits
5-18 an offense. An offense under this section is a Class A misdemeanor
5-19 <(b) An offense under this section is a felony of the second
5-20 degree>.
5-21 Sec. 135.006. EFFECT OF SUBMISSION OF FALSE INFORMATION. An
5-22 employer may terminate the employment of an individual who, at the
5-23 time of the individual's application for employment or after the
5-24 individual has been employed by the employer, submits false
5-25 information relating to the individual's criminal history.
5-26 Sec. 135.007. OTHER INFORMATION. This chapter does not
5-27 prevent an employer from asking an applicant for employment or an
6-1 employee to provide other information if the request for that
6-2 information is not otherwise prohibited by law.
6-3 SECTION 2. This Act takes effect September 1, 1993, and
6-4 applies only to an application for employment made on or after that
6-5 date. An application submitted before that date is governed by the
6-6 law in effect immediately before that date, and that law is
6-7 continued in effect for that purpose.
6-8 SECTION 3. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.