By: Montford S.B. No. 536
73R2729 PB-F
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 the administrative costs of processing a
4-11 request for information under this section.
4-12 (f) <(d)> The department <Department of Public Safety> may
4-13 not provide an employer with the criminal history record
4-14 information of an applicant under this chapter unless the
4-15 information relates to:
4-16 (1) a felony or misdemeanor classified as an offense
4-17 against the person or the family;
4-18 (2) a felony or misdemeanor classified as public
4-19 indecency;
4-20 (3) a felony or misdemeanor classified as an offense
4-21 against property; or
4-22 (4) a felony or misdemeanor violation of any statute
4-23 intended to control the possession or distribution of a substance
4-24 regulated under Chapter 481, Health and Safety Code, or Section
4-25 485.033, Health and Safety Code.
4-26 (g) This chapter does not require an employer to obtain
4-27 criminal history record information under this chapter.
5-1 Sec. 135.004. Privilege. Criminal history record
5-2 information received by an employer under this chapter is
5-3 privileged and is for the exclusive use of the employer. The
5-4 employer may disclose the information to an officer or employee of
5-5 the owner, to a managing agent, or to a leasing agent of the
5-6 residential dwelling project, for business purposes only.
5-7 Otherwise <Except on court order or with the written consent of the
5-8 individual being investigated>, an employer may not release or
5-9 otherwise disclose the information received under this chapter to
5-10 any <other> person or governmental entity except on court order or
5-11 with the written consent of the individual being investigated.
5-12 Sec. 135.005. Penalty. <(a)> An individual who is an
5-13 officer, employee, or agent of an employer and who knowingly or
5-14 intentionally violates Section 135.004 or submits false information
5-15 to the department <employer who discloses information in violation
5-16 of Section 135.004 of this code> commits an offense. An offense
5-17 under this subsection is a Class A misdemeanor
5-18 <(b) An offense under this section is a felony of the second
5-19 degree>.
5-20 Sec. 135.006. EFFECT OF SUBMISSION OF FALSE INFORMATION. An
5-21 employer may terminate the employment of an individual who submits,
5-22 at the time of the individual's application for employment or after
5-23 the individual has been employed by the employer, false information
5-24 relating to the individual's criminal history.
5-25 Sec. 135.007. OTHER INFORMATION. This chapter does not
5-26 prevent an employer from asking an applicant for employment or an
5-27 employee to provide other information if the request for that
6-1 information is not otherwise prohibited by law.
6-2 SECTION 2. This Act takes effect September 1, 1993, and
6-3 applies only to an application for employment made on or after that
6-4 date. An application submitted before that date is governed by the
6-5 law in effect immediately before that date, and that law is
6-6 continued in effect for that purpose.
6-7 SECTION 3. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended.