By Hunter, Wise, et al. H.B. No. 1062
75R4064 MLS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to access to criminal history record information by the
1-3 Texas State Library and Archives Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 411, Government Code, is
1-6 amended by adding Section 411.132 to read as follows:
1-7 Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1-8 TEXAS STATE LIBRARY AND ARCHIVES COMMISSION. (a) In this section:
1-9 (1) "Commission" means the Texas State Library and
1-10 Archives Commission.
1-11 (2) "Security-sensitive position" means a position of
1-12 employment with the Texas State Library and Archives Commission
1-13 held by an employee who:
1-14 (A) has access to the confidential records of
1-15 state agencies that are stored by the commission;
1-16 (B) has access to any part of the archives of
1-17 the state library as described in Section 441.010;
1-18 (C) has access to a computer terminal, if any
1-19 information available from the terminal is required by law to
1-20 remain confidential; or
1-21 (D) handles currency.
1-22 (b) The commission is entitled to obtain from the department
1-23 criminal history record information maintained by the department
1-24 that relates to a person who is employed in or is an applicant for
2-1 a security-sensitive position.
2-2 (c) Criminal history record information obtained by the
2-3 commission under Subsection (b) may not be released or disclosed to
2-4 any person except on court order or with the consent of the person
2-5 who is the subject of the information.
2-6 (d) The commission shall destroy criminal history record
2-7 information that relates to a person after the information is used
2-8 to make an employment decision or to take a personnel action
2-9 relating to the person who is the subject of the information.
2-10 SECTION 2. This Act takes effect September 1, 1997.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.