By Solomons H.B. No. 2604 76R1414 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to screening for criminal history of applicants for 1-3 certain financial assistance. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 56, Education Code, is 1-6 amended by adding Section 56.004 to read as follows: 1-7 Sec. 56.004. APPLICANT SCREENING FOR CRIMINAL HISTORY. 1-8 (a) The Texas Higher Education Coordinating Board shall obtain 1-9 from any law enforcement or criminal justice agency all criminal 1-10 history record information that relates to an applicant for 1-11 financial assistance funded by state revenue or guaranteed by this 1-12 state or the Texas Guaranteed Student Loan Corporation. 1-13 (b) An applicant who is the subject of an outstanding arrest 1-14 warrant is ineligible to receive a loan, grant, scholarship, or 1-15 other financial assistance funded by state revenue, including 1-16 federal funds or gifts and grants accepted by this state, or to 1-17 receive a student loan guaranteed by this state or the Texas 1-18 Guaranteed Student Loan Corporation. 1-19 (c) The coordinating board shall adopt rules implementing 1-20 this section. The rules shall establish periods of ineligibility 1-21 resulting from adverse criminal history other than an outstanding 1-22 arrest warrant as appropriate for the type of financial assistance 1-23 funded or guaranteed. 1-24 (d) If the coordinating board determines that an applicant 2-1 is ineligible to receive the financial assistance because of an 2-2 outstanding arrest warrant or other adverse criminal history, the 2-3 coordinating board shall notify the applicant of the coordinating 2-4 board's determination. 2-5 SECTION 2. Subchapter F, Chapter 411, Government Code, is 2-6 amended by adding Section 411.1402 to read as follows: 2-7 Sec. 411.1402. ACCESS TO CRIMINAL HISTORY RECORD 2-8 INFORMATION: TEXAS HIGHER EDUCATION COORDINATING BOARD. (a) The 2-9 Texas Higher Education Coordinating Board is entitled to obtain 2-10 from the department criminal history record information maintained 2-11 by the department that relates to an applicant for financial 2-12 assistance funded by state revenue or guaranteed by this state or 2-13 the Texas Guaranteed Student Loan Corporation. 2-14 (b) Criminal history record information obtained by the 2-15 coordinating board under Subsection (a): 2-16 (1) may be used for any purpose related to the 2-17 coordinating board's determination of the applicant's eligibility 2-18 for the financial assistance; and 2-19 (2) may not be released or disclosed to any person 2-20 except on court order or with the consent of the person to whom the 2-21 information refers. 2-22 SECTION 3. (a) This Act takes effect September 1, 1999. 2-23 (b) Section 56.004, Education Code, as added by this Act, 2-24 applies to a person who applies for financial assistance funded by 2-25 state revenue or guaranteed by this state or the Texas Guaranteed 2-26 Student Loan Corporation on or after the effective date of this 2-27 Act. A person who applies for financial assistance funded by state 3-1 revenue or guaranteed by this state or the Texas Guaranteed Student 3-2 Loan Corporation before the effective date of this Act is governed 3-3 by the law in effect when the person applied for the financial 3-4 assistance, and that law is continued in effect for that purpose. 3-5 SECTION 4. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended.