1-1  By:  Montford                                          S.B. No. 536
    1-2        (In the Senate - Filed March 1, 1993; March 2, 1993, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  May 4, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; May 4, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Whitmire           x                               
   1-10        Brown              x                               
   1-11        Nelson             x                               
   1-12        Sibley                                         x   
   1-13        Sims               x                               
   1-14        Turner             x                               
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 536                    By:  Brown
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to disclosure of information by certain applicants for
   1-20  employment in residential dwelling projects; providing criminal
   1-21  penalties.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Chapter 135, Human Resources Code, is amended to
   1-24  read as follows:
   1-25       CHAPTER 135.  CRIMINAL CONVICTION CHECKS OF EMPLOYEES OF
   1-26          RESIDENTIAL DWELLING PROJECTS <SUBSIDIZED HOUSING>
   1-27        Sec. 135.001.  Definitions.  In this chapter:
   1-28              (1)  "Department" means the Department of Public
   1-29  Safety.
   1-30              (2)  "Dwelling" means one or more rooms rented for
   1-31  residential purposes to one or more tenants.
   1-32              (3)  "Employer" means a person who employs employees to
   1-33  work at a residential dwelling project.
   1-34              (4) <(2)>  "Employee" means an individual who performs
   1-35  services for compensation at a residential dwelling project and who
   1-36  is employed by the entity that owns the project or represents the
   1-37  owner in managing or leasing dwellings in the project <subsidized
   1-38  housing residence>.  The term does not include an independent
   1-39  contractor.
   1-40              (5) <(3)>  "Occupant" means an individual who resides
   1-41  in a dwelling in a residential dwelling project, other than:
   1-42                    (A)  a tenant of the dwelling; or
   1-43                    (B)  the owner or manager of the dwelling
   1-44  <subsidized housing residence>.
   1-45              (6)  "Residential dwelling project" means a house,
   1-46  condominium, apartment building, duplex, or similar facility that
   1-47  is used as a dwelling or a facility that provides lodging to guests
   1-48  for compensation including a hotel, motel, inn, bed and breakfast
   1-49  facility, or similar facility.  The term does not include a nursing
   1-50  home or other related institution regulated under Chapter 242,
   1-51  Health and Safety Code.
   1-52              <(4)  "Subsidized housing residence" means a house, an
   1-53  apartment building, a duplex, or other similar facility that is
   1-54  used as a residence and for which the rent or other payment is
   1-55  subsidized by the federal government.>
   1-56        Sec. 135.002.  APPLICATION OF ACT; EXCEPTION.  (a)  This
   1-57  chapter applies to each applicant for a position of employment in a
   1-58  residential dwelling project <subsidized housing residence> to whom
   1-59  an offer of employment is made and who, in the course and scope of
   1-60  the employment, may be reasonably required to have access to a
   1-61  dwelling in the residential dwelling project <the residence of an
   1-62  occupant who is elderly or disabled>.
   1-63        (b)  This chapter does not apply to a person employed by an
   1-64  occupant or tenant of a dwelling in a residential dwelling project.
   1-65        Sec. 135.003.  VERIFICATION OF <ACCESS TO> CRIMINAL HISTORY
   1-66  RECORD INFORMATION.  (a)  An employer may request an applicant to
   1-67  disclose to the employer the applicant's <is entitled to obtain>
   1-68  criminal history at any time before or after an offer of employment
    2-1  is made to the applicant.   After an offer of employment is made,
    2-2  the employer may verify through the department any criminal history
    2-3  record information that is maintained by the department relating to
    2-4  that applicant and that the department is authorized to release
    2-5  under this chapter.  The employer may verify the information only
    2-6  with the authorization of the applicant and in compliance with this
    2-7  section <record information maintained by the Department of Public
    2-8  Safety to investigate an applicant for employment who is subject to
    2-9  this chapter>.
   2-10        (b)  The department <Department of Public Safety> may require
   2-11  the employer to submit the applicant's complete name, date of
   2-12  birth, social security number, sex, race, current street address,
   2-13  and current Texas driver's license number, if any <or the complete
   2-14  name of the applicant for employment>.
   2-15        (c)  The department <Department of Public Safety> may adopt
   2-16  rules relating to an employer's access to criminal history record
   2-17  information, including requirements for submission of:
   2-18              (1)  the employer's complete name, current street
   2-19  address, and federal employer identification number;
   2-20              (2)  an affidavit by an authorized representative of
   2-21  the employer that the individual whose criminal history is
   2-22  requested has been offered a position of employment by the employer
   2-23  in a residential dwelling project and that, in the course and scope
   2-24  of the employment, the individual may be reasonably required to
   2-25  have access to a dwelling in the residential dwelling project; and
   2-26              (3)  the complete name, date of birth, social security
   2-27  number, and current street address of the individual signing the
   2-28  affidavit.
   2-29        (d)  An affidavit submitted under Subsection (c) must include
   2-30  a statement, executed by the individual offered the position of
   2-31  employment, that authorizes the employer to obtain the criminal
   2-32  history record of the individual.
   2-33        (e)  The department rules shall contain procedures to help
   2-34  protect the confidentiality of criminal history record information
   2-35  sent through the United States mail.  The department may adopt
   2-36  forms for requesting the criminal history record information and
   2-37  may assess a fee to cover all <the administrative> costs related to
   2-38  <of> processing a request for information under this section.
   2-39        (f) <(d)>  The department <Department of Public Safety> may
   2-40  not provide an employer with the criminal history record
   2-41  information of an applicant under this chapter unless the
   2-42  information relates to:
   2-43              (1)  a felony or misdemeanor classified as an offense
   2-44  against the person or the family;
   2-45              (2)  a felony or misdemeanor classified as public
   2-46  indecency; or
   2-47              (3)  a felony or misdemeanor classified as an offense
   2-48  against property<; or>
   2-49              <(4)  a felony violation of any statute intended to
   2-50  control the possession or distribution of a substance regulated
   2-51  under Chapter 481, Health and Safety Code, or Section 485.033,
   2-52  Health and Safety Code>.
   2-53        (g)  This chapter does not require an employer to obtain
   2-54  criminal history record information under this chapter.
   2-55        Sec. 135.004.  Privilege.  Criminal history record
   2-56  information received by an employer under this chapter is
   2-57  privileged and is for the exclusive use of the employer.  The
   2-58  employer may disclose the information to an authorized officer,
   2-59  employee, or agent of the employer only for the purpose of making a
   2-60  determination regarding the suitability of an individual for
   2-61  employment.  Otherwise <Except on court order or with the written
   2-62  consent of the individual being investigated>, an employer, or any
   2-63  individual to whom the employer may have disclosed information, may
   2-64  not release or otherwise disclose the information received under
   2-65  this chapter to any <other> person or governmental entity except on
   2-66  court order or with the written consent of the individual being
   2-67  investigated.
   2-68        Sec. 135.005.  Penalty.  <(a)>  An individual who is an
   2-69  officer, employee, or agent of an employer and who knowingly or
   2-70  intentionally violates Section 135.004 of this chapter or submits
    3-1  false information to the department <employer who discloses
    3-2  information in violation of Section 135.004 of this code> commits
    3-3  an offense.  An offense under this section is a Class A misdemeanor
    3-4        <(b)  An offense under this section is a felony of the second
    3-5  degree>.
    3-6        Sec. 135.006.  EFFECT OF SUBMISSION OF FALSE INFORMATION.  An
    3-7  employer may terminate the employment of an individual who, at the
    3-8  time of the individual's application for employment or after the
    3-9  individual has been employed by the employer, submits false
   3-10  information relating to the individual's criminal history.
   3-11        Sec. 135.007.  OTHER INFORMATION.  This chapter does not
   3-12  prevent an employer from asking an applicant for employment or an
   3-13  employee to provide other information if the request for that
   3-14  information is not otherwise prohibited by law.
   3-15        SECTION 2.  This Act takes effect September 1, 1993, and
   3-16  applies only to an application for employment made on or after that
   3-17  date.  An application submitted before that date is governed by the
   3-18  law in effect immediately before that date, and that law is
   3-19  continued in effect for that purpose.
   3-20        SECTION 3.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended.
   3-25                               * * * * *
   3-26                                                         Austin,
   3-27  Texas
   3-28                                                         May 4, 1993
   3-29  Hon. Bob Bullock
   3-30  President of the Senate
   3-31  Sir:
   3-32  We, your Committee on Criminal Justice to which was referred S.B.
   3-33  No. 536, have had the same under consideration, and I am instructed
   3-34  to report it back to the Senate with the recommendation that it do
   3-35  not pass, but that the Committee Substitute adopted in lieu thereof
   3-36  do pass and be printed.
   3-37                                                         Whitmire,
   3-38  Chairman
   3-39                               * * * * *
   3-40                               WITNESSES
   3-41                                                  FOR   AGAINST  ON
   3-42  ___________________________________________________________________
   3-43  Name:  Katherine Stark                           x
   3-44  Representing:  Texas Tenants Union
   3-45  City:  Austin
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   3-47  Name:  Rae Blackberry                            x
   3-48  Representing:  Self
   3-49  City:  Austin
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   3-51  Name:  Phillip Blackberry                        x
   3-52  Representing:  Self
   3-53  City:  Austin
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   3-55  Name:  G K Sprinkle                              x
   3-56  Representing:  Tx Assoc Against Sex. Assault
   3-57  City:  Austin
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   3-59  Name:  Hymes Hepfner                             x
   3-60  Representing:  Tx Apt Assoc
   3-61  City:  Dallas
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   3-63                                                  FOR   AGAINST  ON
   3-64  ___________________________________________________________________
   3-65  Name:  Don Hanson                                x
   3-66  Representing:  Tx Hotel & Motel Assoc
   3-67  City:  Austin
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