SRC-SLL H.B. 1576 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1576
By: Uher (Patterson)
Jurisprudence
5-8-97
Engrossed


DIGEST 

Currently, an apartment or other residential dwelling project is 
able to obtain certain criminal history 
information about its employees, including crimes against the 
person, against property, public 
indecency, and felony controlled substance violations.  However, 
access to driving while intoxicated 
convictions for employees in a job which requires a substantial 
amount of driving is not available. 
This bill will allow employers operating residential dwelling 
units to access an employee's driving 
while intoxicated conviction history.

PURPOSE

As proposed, H.B. 1576 allows employers operating residential 
dwelling units to access an 
employee's driving while intoxicated conviction history.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Public 
Safety in SECTION 1 (Section 
765.003(b), Health and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 135, Human Resources Code, by 
redesignating it as Chapter 765, 
Health and Safety Code, as follows:

CHAPTER 765.  New heading: CRIMINAL HISTORY RECORD INFORMATION 
CHECKS 
OF EMPLOYEES OF RESIDENTIAL DWELLING PROJECTS

Sec.  765.001.  DEFINITIONS.  Redesignated from Section 
135.001, Human Resources 
Code.

Sec.  762.002.  New heading: APPLICATION OF CHAPTER; 
EXCEPTION.  Redesignated 
from Section 135.002, Human Resources Code.

Sec.  765.003.  VERIFICATION OF CRIMINAL HISTORY RECORD 
INFORMATION. 
Authorizes an employer, after an offer of employment is 
made, to verify through the 
Department of Public Safety (DPS) certain information 
maintained by DPS and that DPS is 
authorized to release under Chapter 411, Government Code, 
rather than under this chapter. 
Authorizes DPS to adopt rules or apply rules adopted under 
Section 411.086, Government 
Code, regarding the method of requesting information under 
this chapter.  Deletes existing 
text regarding information to be submitted by the employer 
to DPS.  Deletes existing text 
regarding confidentiality of criminal history record 
information and forms and fees for 
requesting the criminal history record information.  
Prohibits DPS from providing an 
employer with the criminal history record information of an 
applicant under this chapter 
unless the employer is entitled to receive the information 
under Section 411.118, 
Government Code.  Deletes existing text regarding the 
release of information relating to 
certain felonies and misdemeanors.  Redesignated from 
Section 135.003, Human Resources 
Code.

Sec.  765.004.  PRIVILEGE.  Redesignated from Section 
135.004, Human Resources Code.
 
Sec.  765.005.  PENALTY.  Redesignated from Section 135.005, 
Human Resources Code. 
Makes a conforming change.

Sec.  765.006.  EFFECT OF SUBMISSION OF FALSE INFORMATION.  
Redesignated 
from Section 135.006, Human Resources Code.

Sec.  765.007.  OTHER INFORMATION.  Redesignated from 
Section 765.007, Human 
Resources Code.

SECTION 2. Amends Section 411.118, Government Code, as follows:

Sec.  411.118.  New heading: ACCESS TO CRIMINAL HISTORY 
RECORD 
INFORMATION: EMPLOYER AT RESIDENTIAL DWELLING PROJECT.  
Defines 
"residential dwelling project."  Deletes the definition of 
"subsidized housing residence." 
Provides that an employer is entitled to obtain from DPS 
criminal record history information 
maintained by DPS that pertains to a person who may be 
reasonable required to have access 
to the residence of an occupant, rather than the residence 
of an occupant who is elderly or 
disabled.  Provides that an employer is entitled to obtain 
only criminal history record 
information that relates to an offense under Section 49.04, 
49.07, or 49.08, Penal Code, if 
the position of employment requires a substantial amount of 
driving in the course and scope 
of the employment.  Makes conforming changes.

SECTION 3. Effective date: September 1, 1997.