By Uher                                         H.B. No. 2739

      75R8950 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to criminal history record checks regarding certain

 1-3     applicants for employment.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

 1-6     amended by adding Section 411.135 to read as follows:

 1-7           Sec. 411.135.  ACCESS TO CRIMINAL RECORD HISTORY INFORMATION;

 1-8     APPLICANTS FOR EMPLOYMENT.  (a)  An employer is entitled to  obtain

 1-9     from the Department of Public Safety criminal history record

1-10     information maintained by the department that relates to a person

1-11     who is an applicant for a position of employment with the employer.

1-12           (b)  Criminal history record information obtained by an

1-13     employer under Subsection (a)  may not be released or disclosed to

1-14     any person except on court order or with the consent of the person

1-15     who is the subject of the criminal history record information.

1-16           (c)  The employer shall destroy criminal history record

1-17     information that relates to a person after the information is used

1-18     for its authorized purpose.

1-19           (d)  This section does not apply to a person otherwise

1-20     authorized to receive criminal history record information from the

1-21     department under this subchapter.

1-22           SECTION 2.  The heading to Section 411.127, Government Code,

1-23     is amended to read as follows:

 2-1           Sec. 411.127.  ACCESS TO CRIMINAL RECORD HISTORY INFORMATION;

 2-2     APPLICANTS FOR EMPLOYMENT WITH THE OFFICE OF THE ATTORNEY GENERAL.

 2-3           SECTION 3.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended,

 2-8     and that this Act take effect and be in force from and after its

 2-9     passage, and it is so enacted.