SRC-TNM H.B. 1062 75(R)   BILL ANALYSIS
                                                             

Senate Research Center   H.B. 1062
By: Hunter (Shapiro)
State Affairs
5-12-97
Engrossed


DIGEST 

Currently, the Texas State Library and Archives Commission employs staff
who have access to state archival records and to the stored confidential
records of other state agencies.  There is concern that employees of the
commission with criminal histories would put the commission at risk.  H.B.
1062 would allow the commission authority to obtain criminal history
information. 

PURPOSE

As proposed, H.B. 1062 outlines provisions regarding access to criminal
history record information by the Texas State Library and Archives
Commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 411F, Government Code, by adding Section
411.132, as follows: 

Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION.  Defines "commission" and
"security-sensitive position."  Provides that the Texas State Library and
Archives Commission (commission) is entitled to obtain from the Department
of Public Safety (department) criminal history record information
(information) maintained by the department that relates to a person who is
employed or is an applicant for a security-sensitive position. Prohibits
information obtained by the commission under Subsection (b) from being
released or disclosed to any person except on court order or with the
consent of the person who is the subject of the information.  Requires the
commission to destroy information that relates to a person after the
information is used to make an employment decision or to take a personnel
action relating to a person who is the subject of the information.  

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.