JWW H.B. 1576 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 1576
By: Uher
4-16-97
Committee Report (Unamended)



BACKGROUND 

Under current law, 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.  What is not included,
however, is access to DWI convictions for employees in a job which
requires a substantial amount of driving in the course and scope of
employment.  Particularly in rehabilitative residential settings, or
senior housing, there are shuttle services offered.  In addition,
maintenance workers frequently have to company vehicles to make trips to
supply stores.  The employer should be able to know whether the person he
is hiring has a history of DWI convictions. 

PURPOSE

This bill will allow employers operating residential dwelling units to
access an employee's DWI conviction history. 

RULEMAKING AUTHORITY

The Department of Public Safety is authorized to adopt rules, or apply
rules under Section 411.086, Government Code, regarding the method of
requesting information. 

SECTION BY SECTION ANALYSIS

SECTION 1 Chapter 135, Human Resources Code, is redesignated as Chapter
765, Health and   Safety Code, and amended by replacing "CONVICTION" with
"HISTORY   RECORD INFORMATION" in the chapter heading. 

  Section 765.001.  Makes conforming chapter numbering changes.  

  (5)(B)(6)  Deletes a reference to the Health and Safety Code.

  Section 765.002.  Makes conforming chapter numbering changes and
replaces   "ACT" with "CHAPTER" in the section heading. 

  Section 765.003.  Makes conforming chapter numbering changes.

  (a)  Replaces "this chapter" with "Chapter 411, Government Code".

  (b)  In order to request information under this chapter, the department
may adopt   rules or apply rules under Section 411.086, Government Code. 

  (e)  Original subsection (e) is deleted.  Original (f) becomes (e).  The
department   can only provide criminal history regarding an applicant to
aa employer under   Section 411.118, Government Code. 

  (f)  Formerly subsection (g).

  Section 765.004.  Makes conforming chapter numbering changes.
 
  Section 765.005.  Makes conforming chapter numbering changes and
replaces   "135.004 of this chapter" with "765.004". 

  Section 765.006 and Section 765.007.  Make conforming chapter numbering
changes. 

SECTION 2 Section 411.118, Government Code is amended by replacing
"SUBSIDIZED   HOUSING RESIDENCE" with "RESIDENTIAL DWELLING PROJECT" in
the   heading and throughout the section. Replaces "135.001, Human
Resources"   with "765.001, Health and Safety" to make conforming change. 

  (b)(2)  Removes "who is reasonably elderly or disabled" from the
subsection. 

  (c)(3)  This subsection is added to state that if the position of
employment requires   a substantial amount of driving in the course and
scope of employment, an   employer may have access to an applicant's
criminal history regarding DWI   offenses. 

SECTION 3 Effective Date: September 1, 1997.

SECTION 4 Emergency Clause.