SRC-VRA H.B. 1075 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1075
78R8249 MXM-FBy: McCall (Ellis, Rodney)
Government Organization
4/22/2003
Engrossed


DIGEST AND PURPOSE 

Currently, there is no provision that authorizes state agencies to obtain
criminal background checks on prospective employees of information
technology departments.  The Department of Information Resources
recommended to the legislature that state agencies perform criminal
background checks through the Department of Public Safety for prospective
personnel who manage sensitive data.  H.B. 1075 authorizes criminal
background checks on employees, applicants for employment, contractors and
other personnel in the information technology departments within state
government.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 411, Government Code, by adding
Section 411.1405, as follows: 

Sec.  411.1405.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE
AGENCIES; INFORMATION TECHNOLOGY EMPLOYEES.  (a)  Defines "information
resources" and "state agency." 

(b) Provides that to the extent consistent with Subsection (e), a state
agency is entitled to obtain from the Department of Public Safety (DPS)
the criminal history record information maintained by DPS that relates to
a person who meets certain conditions. 

(c) Prohibits a state agency that obtains criminal history record
information under this section from releasing or disclosing the
information or any documents or other records derived from the information
except by meeting certain criteria. 

(d) Requires a state agency and the affected contractor or subcontractor
to destroy criminal history record information obtained under this section
that relates to a person after the information is used to make an
employment decision or to take a personnel action relating to the person
who is the subject of the information. 

(e)  Prohibits a state agency from obtaining criminal history record
information under this section unless the state agency first adopts
policies and procedures that provide that evidence of a criminal
conviction or other relevant information obtained from the criminal
history record information does not automatically disqualify an individual
from employment.  Requires the attorney general to review the policies and
procedures for compliance with due process and other legal requirements
before adoption by the state agency.  Authorizes the attorney general to
charge the state agency a fee to cover the cost of the review.  Requires
the policies and procedures adopted under this subsection to provide that
the hiring official will determine, on a case-by-case basis, whether the
individual is qualified for employment based on certain factors. 
 (f)  Provides that a criminal history record information provision in
another law that is more specific to a state agency, including Section
411.089, prevails over this section to the extent of any conflict. 

SECTION 2.  Effective date: September 1, 2003.