1-1     By Hightower                                          H.B. No. 2075

 1-2     75R4598 JMC-D                           

 1-3                                   AN ACT

 1-4     relating to the authority of the Texas Youth Commission to access

 1-5     criminal history record information relating to certain persons and

 1-6     business entities.

 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-8           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

 1-9     amended by adding Section 411.132 to read as follows:

1-10           Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

1-11     TEXAS YOUTH COMMISSION.  (a)  The Texas Youth Commission is

1-12     entitled to obtain from the department criminal history record

1-13     information maintained by the department that relates to a person

1-14     who is:

1-15                 (1)  an applicant for a position with the Texas Youth

1-16     Commission;

1-17                 (2)  a volunteer or an intern, or an applicant

1-18     volunteer or intern, with the Texas Youth Commission;

1-19                 (3)  a business entity or person who contracts with the

1-20     Texas Youth Commission to provide direct delivery services to

1-21     youth;

1-22                 (4)  an employee of, or an applicant for employment

1-23     with, a business entity or person who contracts with the Texas

1-24     Youth Commission to provide direct delivery of services to youth;

1-25     or

1-26                 (5)  a volunteer or an intern, or an applicant

1-27     volunteer or intern, with a business entity or person who contracts

1-28     with the Texas Youth Commission to provide direct delivery of

1-29     services to youth.

1-30           (b)  Criminal history record information obtained by the

1-31     Texas Youth Commission under Subsection (a) may not be released to

1-32     any person except:

1-33                 (1)  on court order;

 2-1                 (2)  with the consent of the entity or person who is

 2-2     the subject of the criminal history record information;

 2-3                 (3)  for purposes of an administrative hearing held, or

 2-4     an investigation conducted, by the Texas Youth Commission

 2-5     concerning the person who is the subject of the criminal history

 2-6     record information; or

 2-7                 (4)  as provided by Subsection (c).

 2-8           (c)  The Texas Youth Commission is not prohibited from

 2-9     releasing criminal history record information obtained under

2-10     Subsection (a) to:

2-11                 (1)  the person who is the subject of the criminal

2-12     history record information; or

2-13                 (2)  a business entity or person described by

2-14     Subsection (a)(4) or (a)(5) who uses or intends to use the services

2-15     of the volunteer or intern or employs or is considering employing

2-16     the person who is the subject of the criminal history record

2-17     information.

2-18           (d)  The Texas Youth Commission may charge an entity or a

2-19     person who requests criminal history record information under

2-20     Subsection (a)(4) or (a)(5) a fee in an amount necessary to cover

2-21     the costs of obtaining the information on the person's or entity's

2-22     behalf.

2-23           SECTION 2.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended,

2-28     and that this Act take effect and be in force from and after its

2-29     passage, and it is so enacted.