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.