78R8249 MXM-F
By: McCall H.B. No. 1075
Substitute the following for H.B. No. 1075:
By: Marchant C.S.H.B. No. 1075
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information for state agency
information technology personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1405 to read as follows:
Sec. 411.1405. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: STATE AGENCIES; INFORMATION TECHNOLOGY EMPLOYEES.
(a) In this section:
(1) "Information resources" and "information
resources technologies" have the meanings assigned by Section
2054.003.
(2) "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government that
is created by the constitution or a statute of this state, including
a university system or institution of higher education as defined
by Section 61.003, Education Code.
(b) To the extent consistent with Subsection (e), a state
agency is entitled to obtain from the department the criminal
history record information maintained by the department that
relates to a person who:
(1) is an employee, applicant for employment,
contractor, subcontractor, or intern or other volunteer with the
state agency or with a contractor or subcontractor for the state
agency; and
(2) has access to information resources or information
resources technologies, other than a desktop computer or telephone
station assigned to that person.
(c) A state agency that obtains criminal history record
information under this section may not release or disclose the
information or any documents or other records derived from the
information except:
(1) by court order;
(2) with the consent of the person who is the subject
of the information; or
(3) to the affected contractor or subcontractor,
unless the information was obtained by the department from the
Federal Bureau of Investigation.
(d) A state agency and the affected contractor or
subcontractor shall 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) A state agency may not obtain 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. The attorney general shall review the
policies and procedures for compliance with due process and other
legal requirements before adoption by the state agency. The
attorney general may charge the state agency a fee to cover the cost
of the review. The policies and procedures adopted under this
subsection must provide that the hiring official will determine, on
a case-by-case basis, whether the individual is qualified for
employment based on factors that include:
(1) the specific duties of the position;
(2) the number of offenses committed by the
individual;
(3) the nature and seriousness of each offense;
(4) the length of time between the offense and the
employment decision;
(5) the efforts by the individual at rehabilitation;
and
(6) the accuracy of the information on the
individual's employment application.
(f) 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. This Act takes effect September 1, 2003.