1-1     By:  Hightower, et al. (Senate Sponsor - Whitmire)    H.B. No. 2075

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; May 2, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; May 2, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the authority of the Texas Youth Commission to access

 1-9     criminal history record information relating to certain persons and

1-10     business entities.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

1-13     amended by adding Section 411.132 to read as follows:

1-14           Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

1-15     TEXAS YOUTH COMMISSION.  (a)  The Texas Youth Commission is

1-16     entitled to obtain from the department criminal history record

1-17     information maintained by the department that relates to a person

1-18     who is:

1-19                 (1)  an applicant for a position with the Texas Youth

1-20     Commission;

1-21                 (2)  a volunteer or an intern, or an applicant

1-22     volunteer or intern, with the Texas Youth Commission;

1-23                 (3)  a business entity or person who contracts with the

1-24     Texas Youth Commission to provide direct delivery services to

1-25     youth;

1-26                 (4)  an employee of, or an applicant for employment

1-27     with, a business entity or person who contracts with the Texas

1-28     Youth Commission to provide direct delivery of services to youth;

1-29     or

1-30                 (5)  a volunteer or an intern, or an applicant

1-31     volunteer or intern, with a business entity or person who contracts

1-32     with the Texas Youth Commission to provide direct delivery of

1-33     services to youth.

1-34           (b)  Criminal history record information obtained by the

1-35     Texas Youth Commission under Subsection (a) may not be released to

1-36     any person except:

1-37                 (1)  on court order;

1-38                 (2)  with the consent of the entity or person who is

1-39     the subject of the criminal history record information;

1-40                 (3)  for purposes of an administrative hearing held, or

1-41     an investigation conducted, by the Texas Youth Commission

1-42     concerning the person who is the subject of the criminal history

1-43     record information; or

1-44                 (4)  as provided by Subsection (c).

1-45           (c)  The Texas Youth Commission is not prohibited from

1-46     releasing criminal history record information obtained under

1-47     Subsection (a) to:

1-48                 (1)  the person who is the subject of the criminal

1-49     history record information; or

1-50                 (2)  a business entity or person described by

1-51     Subsection (a)(4) or (a)(5) who uses or intends to use the services

1-52     of the volunteer or intern or employs or is considering employing

1-53     the person who is the subject of the criminal history record

1-54     information.

1-55           (d)  The Texas Youth Commission may charge an entity or a

1-56     person who requests criminal history record information under

1-57     Subsection (a)(4) or (a)(5) a fee in an amount necessary to cover

1-58     the costs of obtaining the information on the person's or entity's

1-59     behalf.

1-60           SECTION 2.  The importance of this legislation and the

1-61     crowded condition of the calendars in both houses create an

1-62     emergency and an imperative public necessity that the

1-63     constitutional rule requiring bills to be read on three several

1-64     days in each house be suspended, and this rule is hereby suspended,

 2-1     and that this Act take effect and be in force from and after its

 2-2     passage, and it is so enacted.

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