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.