By Hightower                                    H.B. No. 2075

      75R4598 JMC-D                           

                                A BILL TO BE ENTITLED

 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.