1-1     By:  Hunter, Wise, et al. (Senate Sponsor - Shapiro)  H.B. No. 1062

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 16, 1997, reported favorably by the following vote:

 1-5     Yeas 13, Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to access to criminal history record information by the

 1-9     Texas State Library and Archives Commission.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

1-12     amended by adding Section 411.132 to read as follows:

1-13           Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

1-14     TEXAS STATE LIBRARY AND ARCHIVES COMMISSION.  (a)  In this section:

1-15                 (1)  "Commission" means the Texas State Library and

1-16     Archives Commission.

1-17                 (2)  "Security-sensitive position" means a position of

1-18     employment with the Texas State Library and Archives Commission

1-19     held by an employee who:

1-20                       (A)  has access to the confidential records of

1-21     state agencies that are stored by the commission;

1-22                       (B)  has access to any part of the archives of

1-23     the state library as described in Section 441.010;

1-24                       (C)  has access to a computer terminal, if any

1-25     information available from the terminal is required by law to

1-26     remain confidential; or

1-27                       (D)  handles currency.

1-28           (b)  The commission is entitled to obtain from the department

1-29     criminal history record information maintained by the department

1-30     that relates to a person who is employed in or is an applicant for

1-31     a security-sensitive position.

1-32           (c)  Criminal history record information obtained by the

1-33     commission under Subsection (b) may not be released or disclosed to

1-34     any person except on court order or with the consent of the person

1-35     who is the subject of the information.

1-36           (d)  The commission shall destroy criminal history record

1-37     information that relates to a person after the information is used

1-38     to make an employment decision or to take a personnel action

1-39     relating to the person who is the subject of the information.

1-40           SECTION 2.  This Act takes effect September 1, 1997.

1-41           SECTION 3.  The importance of this legislation and the

1-42     crowded condition of the calendars in both houses create an

1-43     emergency and an imperative public necessity that the

1-44     constitutional rule requiring bills to be read on three several

1-45     days in each house be suspended, and this rule is hereby suspended.

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