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
3-46 -------------------------------------------------------------------
3-47 Name: Rae Blackberry x
3-48 Representing: Self
3-49 City: Austin
3-50 -------------------------------------------------------------------
3-51 Name: Phillip Blackberry x
3-52 Representing: Self
3-53 City: Austin
3-54 -------------------------------------------------------------------
3-55 Name: G K Sprinkle x
3-56 Representing: Tx Assoc Against Sex. Assault
3-57 City: Austin
3-58 -------------------------------------------------------------------
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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