1-1 AN ACT 1-2 relating to the authority of the Texas Youth Commission to access 1-3 criminal history record information relating to certain persons and 1-4 business entities. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter F, Chapter 411, Government Code, is 1-7 amended by adding Section 411.132 to read as follows: 1-8 Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: 1-9 TEXAS YOUTH COMMISSION. (a) The Texas Youth Commission is 1-10 entitled to obtain from the department criminal history record 1-11 information maintained by the department that relates to a person 1-12 who is: 1-13 (1) an applicant for a position with the Texas Youth 1-14 Commission; 1-15 (2) a volunteer or an intern, or an applicant 1-16 volunteer or intern, with the Texas Youth Commission; 1-17 (3) a business entity or person who contracts with the 1-18 Texas Youth Commission to provide direct delivery services to 1-19 youth; 1-20 (4) an employee of, or an applicant for employment 1-21 with, a business entity or person who contracts with the Texas 1-22 Youth Commission to provide direct delivery of services to youth; 1-23 or 1-24 (5) a volunteer or an intern, or an applicant 2-1 volunteer or intern, with a business entity or person who contracts 2-2 with the Texas Youth Commission to provide direct delivery of 2-3 services to youth. 2-4 (b) Criminal history record information obtained by the 2-5 Texas Youth Commission under Subsection (a) may not be released to 2-6 any person except: 2-7 (1) on court order; 2-8 (2) with the consent of the entity or person who is 2-9 the subject of the criminal history record information; 2-10 (3) for purposes of an administrative hearing held, or 2-11 an investigation conducted, by the Texas Youth Commission 2-12 concerning the person who is the subject of the criminal history 2-13 record information; or 2-14 (4) as provided by Subsection (c). 2-15 (c) The Texas Youth Commission is not prohibited from 2-16 releasing criminal history record information obtained under 2-17 Subsection (a) to: 2-18 (1) the person who is the subject of the criminal 2-19 history record information; or 2-20 (2) a business entity or person described by 2-21 Subsection (a)(4) or (a)(5) who uses or intends to use the services 2-22 of the volunteer or intern or employs or is considering employing 2-23 the person who is the subject of the criminal history record 2-24 information. 2-25 (d) The Texas Youth Commission may charge an entity or a 2-26 person who requests criminal history record information under 2-27 Subsection (a)(4) or (a)(5) a fee in an amount necessary to cover 3-1 the costs of obtaining the information on the person's or entity's 3-2 behalf. 3-3 SECTION 2. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended, 3-8 and that this Act take effect and be in force from and after its 3-9 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2075 was passed by the House on April 11, 1997, by the following vote: Yeas 132, Nays 0, 1 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 2075 was passed by the Senate on May 12, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor