By Uher H.B. No. 1576
75R5541 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal background checks of certain employees of
1-3 residential dwelling projects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 135, Human Resources Code, is
1-6 redesignated as Chapter 765, Health and Safety Code, and amended to
1-7 read as follows:
1-8 CHAPTER 765 [135]. CRIMINAL HISTORY RECORD INFORMATION
1-9 [CONVICTION] CHECKS OF EMPLOYEES OF RESIDENTIAL DWELLING PROJECTS
1-10 Sec. 765.001 [135.001]. DEFINITIONS. In this chapter:
1-11 (1) "Department" means the Department of Public
1-12 Safety.
1-13 (2) "Dwelling" means one or more rooms rented for
1-14 residential purposes to one or more tenants.
1-15 (3) "Employer" means a person who employs employees to
1-16 work at a residential dwelling project.
1-17 (4) "Employee" means an individual who performs
1-18 services for compensation at a residential dwelling project and who
1-19 is employed by the entity that owns the project or represents the
1-20 owner in managing or leasing dwellings in the project. The term
1-21 does not include an independent contractor.
1-22 (5) "Occupant" means an individual who resides in a
1-23 dwelling in a residential dwelling project, other than:
1-24 (A) a tenant of the dwelling; or
2-1 (B) the owner or manager of the dwelling.
2-2 (6) "Residential dwelling project" means a house,
2-3 condominium, apartment building, duplex, or similar facility that
2-4 is used as a dwelling or a facility that provides lodging to guests
2-5 for compensation including a hotel, motel, inn, bed and breakfast
2-6 facility, or similar facility. The term does not include a nursing
2-7 home or other related institution regulated under Chapter 242[,
2-8 Health and Safety Code].
2-9 Sec. 765.002 [135.002]. APPLICATION OF CHAPTER [ACT];
2-10 EXCEPTION. (a) This chapter applies to each applicant for a
2-11 position of employment in a residential dwelling project to whom an
2-12 offer of employment is made and who, in the course and scope of the
2-13 employment, may be reasonably required to have access to a dwelling
2-14 in the residential dwelling project.
2-15 (b) This chapter does not apply to a person employed by an
2-16 occupant or tenant of a dwelling in a residential dwelling project.
2-17 Sec. 765.003 [135.003]. VERIFICATION OF CRIMINAL HISTORY
2-18 RECORD INFORMATION. (a) An employer may request an applicant to
2-19 disclose to the employer the applicant's criminal history at any
2-20 time before or after an offer of employment is made to the
2-21 applicant. After an offer of employment is made, the employer may
2-22 verify through the department any criminal history record
2-23 information that is maintained by the department relating to that
2-24 applicant and that the department is authorized to release under
2-25 Chapter 411, Government Code [this chapter]. The employer may
2-26 verify the information only with the authorization of the
2-27 applicant and in compliance with this section.
3-1 (b) The department may adopt rules or apply rules adopted
3-2 under Section 411.086, Government Code, regarding the method of
3-3 requesting information under this chapter [require the employer to
3-4 submit the applicant's complete name, date of birth, social
3-5 security number, sex, race, current street address, and current
3-6 Texas driver's license number, if any].
3-7 (c) The department may adopt rules relating to an employer's
3-8 access to criminal history record information, including
3-9 requirements for submission of:
3-10 (1) the employer's complete name, current street
3-11 address, and federal employer identification number;
3-12 (2) an affidavit by an authorized representative of
3-13 the employer that the individual whose criminal history is
3-14 requested has been offered a position of employment by the employer
3-15 in a residential dwelling project and that, in the course and scope
3-16 of the employment, the individual may be reasonably required to
3-17 have access to a dwelling in the residential dwelling project; and
3-18 (3) the complete name, date of birth, social security
3-19 number, and current street address of the individual signing the
3-20 affidavit.
3-21 (d) An affidavit submitted under Subsection (c) must include
3-22 a statement, executed by the individual offered the position of
3-23 employment, that authorizes the employer to obtain the criminal
3-24 history record of the individual.
3-25 (e) [The department rules shall contain procedures to help
3-26 protect the confidentiality of criminal history record information
3-27 sent through the United States mail. The department may adopt
4-1 forms for requesting the criminal history record information and
4-2 may assess a fee to cover all costs related to processing a request
4-3 for information under this section.]
4-4 [(f)] The department may not provide an employer with the
4-5 criminal history record information of an applicant under this
4-6 chapter unless the employer is entitled to receive the information
4-7 under Section 411.118, Government Code [relates to:]
4-8 [(1) a felony or misdemeanor classified as an offense
4-9 against the person or the family;]
4-10 [(2) a felony or misdemeanor classified as public
4-11 indecency; or]
4-12 [(3) a felony or misdemeanor classified as an offense
4-13 against property].
4-14 (f) [(g)] This chapter does not require an employer to
4-15 obtain criminal history record information under this chapter.
4-16 Sec. 765.004 [135.004]. PRIVILEGE. Criminal history record
4-17 information received by an employer under this chapter is
4-18 privileged and is for the exclusive use of the employer. The
4-19 employer may disclose the information to an authorized officer,
4-20 employee, or agent of the employer only for the purpose of making a
4-21 determination regarding the suitability of an individual for
4-22 employment. Otherwise, an employer, or any individual to whom the
4-23 employer may have disclosed information, may not release or
4-24 otherwise disclose the information received under this chapter to
4-25 any person or governmental entity except on court order or with the
4-26 written consent of the individual being investigated.
4-27 Sec. 765.005 [135.005]. PENALTY. An individual who is an
5-1 officer, employee, or agent of an employer and who knowingly or
5-2 intentionally violates Section 765.004 [135.004 of this chapter] or
5-3 submits false information to the department commits an offense. An
5-4 offense under this section is a Class A misdemeanor.
5-5 Sec. 765.006 [135.006]. EFFECT OF SUBMISSION OF FALSE
5-6 INFORMATION. An employer may terminate the employment of an
5-7 individual who, at the time of the individual's application for
5-8 employment or after the individual has been employed by the
5-9 employer, submits false information relating to the individual's
5-10 criminal history.
5-11 Sec. 765.007 [135.007]. OTHER INFORMATION. This chapter
5-12 does not prevent an employer from asking an applicant for
5-13 employment or an employee to provide other information if the
5-14 request for that information is not otherwise prohibited by law.
5-15 SECTION 2. Section 411.118, Government Code, is amended to
5-16 read as follows:
5-17 Sec. 411.118. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
5-18 EMPLOYER AT RESIDENTIAL DWELLING PROJECT [SUBSIDIZED HOUSING
5-19 RESIDENCE]. (a) In this section, "employer," "employee,"
5-20 "occupant," and "residential dwelling project" ["subsidized housing
5-21 residence"] have the meanings assigned by Section 765.001, Health
5-22 and Safety [135.001, Human Resources] Code.
5-23 (b) An employer is entitled to obtain from the department
5-24 criminal history record information maintained by the department
5-25 that pertains to a person who:
5-26 (1) is an applicant for a position of employment in a
5-27 residential dwelling project [subsidized housing residence] to whom
6-1 an offer of employment is made; and
6-2 (2) may be reasonably required to have access to the
6-3 residence of an occupant [who is elderly or disabled].
6-4 (c) An employer is entitled to obtain only criminal history
6-5 record information that relates to:
6-6 (1) an offense classified as:
6-7 (A) an offense against the person or the family;
6-8 (B) an offense against property; or
6-9 (C) public indecency; [or]
6-10 (2) a felony violation of a statute intended to
6-11 control the possession or distribution of a substance regulated
6-12 under Chapter 481, Health and Safety Code, or Section 485.033,
6-13 Health and Safety Code; or
6-14 (3) if the position of employment requires a
6-15 substantial amount of driving in the course and scope of the
6-16 employment, an offense under Section 49.04, 49.07, or 49.08, Penal
6-17 Code.
6-18 (d) Criminal history record information obtained under
6-19 Subsection (b) may not be released or disclosed to any person
6-20 except on court order or with the written consent of the person who
6-21 is the subject of the criminal history record information.
6-22 SECTION 3. This Act takes effect September 1, 1997.
6-23 SECTION 4. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
6-27 days in each house be suspended, and this rule is hereby suspended.