1-1 By: Uher (Senate Sponsor - Patterson) H.B. No. 1576
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 13, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 13, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to criminal background checks of certain employees of
1-9 residential dwelling projects.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 135, Human Resources Code, is
1-12 redesignated as Chapter 765, Health and Safety Code, and amended to
1-13 read as follows:
1-14 CHAPTER 765 [135]. CRIMINAL HISTORY RECORD INFORMATION
1-15 [CONVICTION] CHECKS OF EMPLOYEES OF RESIDENTIAL DWELLING PROJECTS
1-16 Sec. 765.001 [135.001]. DEFINITIONS. In this chapter:
1-17 (1) "Department" means the Department of Public
1-18 Safety.
1-19 (2) "Dwelling" means one or more rooms rented for
1-20 residential purposes to one or more tenants.
1-21 (3) "Employer" means a person who employs employees to
1-22 work at a residential dwelling project.
1-23 (4) "Employee" means an individual who performs
1-24 services for compensation at a residential dwelling project and who
1-25 is employed by the entity that owns the project or represents the
1-26 owner in managing or leasing dwellings in the project. The term
1-27 does not include an independent contractor.
1-28 (5) "Occupant" means an individual who resides in a
1-29 dwelling in a residential dwelling project, other than:
1-30 (A) a tenant of the dwelling; or
1-31 (B) the owner or manager of the dwelling.
1-32 (6) "Residential dwelling project" means a house,
1-33 condominium, apartment building, duplex, or similar facility that
1-34 is used as a dwelling or a facility that provides lodging to guests
1-35 for compensation including a hotel, motel, inn, bed and breakfast
1-36 facility, or similar facility. The term does not include a nursing
1-37 home or other related institution regulated under Chapter 242[,
1-38 Health and Safety Code].
1-39 Sec. 765.002 [135.002]. APPLICATION OF CHAPTER [ACT];
1-40 EXCEPTION. (a) This chapter applies to each applicant for a
1-41 position of employment in a residential dwelling project to whom an
1-42 offer of employment is made and who, in the course and scope of the
1-43 employment, may be reasonably required to have access to a dwelling
1-44 in the residential dwelling project.
1-45 (b) This chapter does not apply to a person employed by an
1-46 occupant or tenant of a dwelling in a residential dwelling project.
1-47 Sec. 765.003 [135.003]. VERIFICATION OF CRIMINAL HISTORY
1-48 RECORD INFORMATION. (a) An employer may request an applicant to
1-49 disclose to the employer the applicant's criminal history at any
1-50 time before or after an offer of employment is made to the
1-51 applicant. After an offer of employment is made, the employer may
1-52 verify through the department any criminal history record
1-53 information that is maintained by the department relating to that
1-54 applicant and that the department is authorized to release under
1-55 Chapter 411, Government Code [this chapter]. The employer may
1-56 verify the information only with the authorization of the
1-57 applicant and in compliance with this section.
1-58 (b) The department may adopt rules or apply rules adopted
1-59 under Section 411.086, Government Code, regarding the method of
1-60 requesting information under this chapter [require the employer to
1-61 submit the applicant's complete name, date of birth, social
1-62 security number, sex, race, current street address, and current
1-63 Texas driver's license number, if any].
1-64 (c) The department may adopt rules relating to an employer's
2-1 access to criminal history record information, including
2-2 requirements for submission of:
2-3 (1) the employer's complete name, current street
2-4 address, and federal employer identification number;
2-5 (2) an affidavit by an authorized representative of
2-6 the employer that the individual whose criminal history is
2-7 requested has been offered a position of employment by the employer
2-8 in a residential dwelling project and that, in the course and scope
2-9 of the employment, the individual may be reasonably required to
2-10 have access to a dwelling in the residential dwelling project; and
2-11 (3) the complete name, date of birth, social security
2-12 number, and current street address of the individual signing the
2-13 affidavit.
2-14 (d) An affidavit submitted under Subsection (c) must include
2-15 a statement, executed by the individual offered the position of
2-16 employment, that authorizes the employer to obtain the criminal
2-17 history record of the individual.
2-18 (e) [The department rules shall contain procedures to help
2-19 protect the confidentiality of criminal history record information
2-20 sent through the United States mail. The department may adopt
2-21 forms for requesting the criminal history record information and
2-22 may assess a fee to cover all costs related to processing a request
2-23 for information under this section.]
2-24 [(f)] The department may not provide an employer with the
2-25 criminal history record information of an applicant under this
2-26 chapter unless the employer is entitled to receive the information
2-27 under Section 411.118, Government Code [relates to:]
2-28 [(1) a felony or misdemeanor classified as an offense
2-29 against the person or the family;]
2-30 [(2) a felony or misdemeanor classified as public
2-31 indecency; or]
2-32 [(3) a felony or misdemeanor classified as an offense
2-33 against property].
2-34 (f) [(g)] This chapter does not require an employer to
2-35 obtain criminal history record information under this chapter.
2-36 Sec. 765.004 [135.004]. PRIVILEGE. Criminal history record
2-37 information received by an employer under this chapter is
2-38 privileged and is for the exclusive use of the employer. The
2-39 employer may disclose the information to an authorized officer,
2-40 employee, or agent of the employer only for the purpose of making a
2-41 determination regarding the suitability of an individual for
2-42 employment. Otherwise, an employer, or any individual to whom the
2-43 employer may have disclosed information, may not release or
2-44 otherwise disclose the information received under this chapter to
2-45 any person or governmental entity except on court order or with the
2-46 written consent of the individual being investigated.
2-47 Sec. 765.005 [135.005]. PENALTY. An individual who is an
2-48 officer, employee, or agent of an employer and who knowingly or
2-49 intentionally violates Section 765.004 [135.004 of this chapter] or
2-50 submits false information to the department commits an offense. An
2-51 offense under this section is a Class A misdemeanor.
2-52 Sec. 765.006 [135.006]. EFFECT OF SUBMISSION OF FALSE
2-53 INFORMATION. An employer may terminate the employment of an
2-54 individual who, at the time of the individual's application for
2-55 employment or after the individual has been employed by the
2-56 employer, submits false information relating to the individual's
2-57 criminal history.
2-58 Sec. 765.007 [135.007]. OTHER INFORMATION. This chapter
2-59 does not prevent an employer from asking an applicant for
2-60 employment or an employee to provide other information if the
2-61 request for that information is not otherwise prohibited by law.
2-62 SECTION 2. Section 411.118, Government Code, is amended to
2-63 read as follows:
2-64 Sec. 411.118. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2-65 EMPLOYER AT RESIDENTIAL DWELLING PROJECT [SUBSIDIZED HOUSING
2-66 RESIDENCE]. (a) In this section, "employer," "employee,"
2-67 "occupant," and "residential dwelling project" ["subsidized housing
2-68 residence"] have the meanings assigned by Section 765.001, Health
2-69 and Safety [135.001, Human Resources] Code.
3-1 (b) An employer is entitled to obtain from the department
3-2 criminal history record information maintained by the department
3-3 that pertains to a person who:
3-4 (1) is an applicant for a position of employment in a
3-5 residential dwelling project [subsidized housing residence] to whom
3-6 an offer of employment is made; and
3-7 (2) may be reasonably required to have access to the
3-8 residence of an occupant [who is elderly or disabled].
3-9 (c) An employer is entitled to obtain only criminal history
3-10 record information that relates to:
3-11 (1) an offense classified as:
3-12 (A) an offense against the person or the family;
3-13 (B) an offense against property; or
3-14 (C) public indecency; [or]
3-15 (2) a felony violation of a statute intended to
3-16 control the possession or distribution of a substance regulated
3-17 under Chapter 481, Health and Safety Code, or Section 485.033,
3-18 Health and Safety Code; or
3-19 (3) if the position of employment requires a
3-20 substantial amount of driving in the course and scope of the
3-21 employment, an offense under Section 49.04, 49.07, or 49.08, Penal
3-22 Code.
3-23 (d) Criminal history record information obtained under
3-24 Subsection (b) may not be released or disclosed to any person
3-25 except on court order or with the written consent of the person who
3-26 is the subject of the criminal history record information.
3-27 SECTION 3. This Act takes effect September 1, 1997.
3-28 SECTION 4. The importance of this legislation and the
3-29 crowded condition of the calendars in both houses create an
3-30 emergency and an imperative public necessity that the
3-31 constitutional rule requiring bills to be read on three several
3-32 days in each house be suspended, and this rule is hereby suspended.
3-33 * * * * *