By:  Allen                                                        H.B. No. 2622


A BILL TO BE ENTITLED
AN ACT
relating to access by certain governmental agencies and private entities to criminal history record information. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS SECTION 1. Section 411.093, Government Code, is amended to read as follows: Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The Texas Department of Licensing and Regulation is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for a license [under the Texas Boxing and Wrestling Act (Article 8501-1, Vernon's Texas Civil Statutes]; or (2) the holder of a license [under that Act]. (b) [The Texas Department of Licensing and Regulation is entitled only to criminal history record information that relates to the arrest or conviction of the person] As used in this section, "license" has the meaning assigned by Section 51.001, Occupations Code. SECTION 2. Section 411.094(d), Government Code, is amended to read as follows: Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: INSTITUTION OF HIGHER EDUCATION. (d) [Conviction] Criminal history record information received by an institution of higher education under Subsection (b) may not be released or disclosed to any person except on court order. SECTION 3. Section 411.095, Government Code, is amended to read as follows: Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CONSUMER CREDIT COMMISSIONER. [(b) The commissioner is entitled only to criminal history record information that relates to the arrest or conviction of the person.] SECTION 4. Section 411.115, Government Code, is amended to read as follows: Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION; LOCAL AUTHORITIES; COMMUNITY CENTERS. [(c) The Texas Department of Mental Health and Mental Retardation, a local mental health or mental retardation authority, or a community center is entitled to obtain only criminal history record information that relates to: [(1) a sexual offense; [(2) a drug-related offense; [(3) a theft offense; [(4) criminal homicide; [(5) assault or battery; or [(6) an offense involving personal injury or threat.] [(d)] (c) Criminal history record information obtained by the mental health department, a local mental health or mental retardation authority, or a community center under Subsection (b) may not be released or disclosed to a person, other than the contractor that employs the person who is the subject of the criminal history record information, except on court order or with the consent of the person who is the subject of the criminal history record information. [(e)] (d) The Texas Department of Mental Health and Mental Retardation, a local mental health or mental retardation authority, or a community center shall collect and destroy criminal history record [conviction] information that relates to a person immediately after making an employment decision or taking a personnel action relating to the person who is the subject of the criminal history record information. SECTION 5. Section 411.118, Government Code, is amended to read as follows: Sec. 411.118. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYER AT RESIDENTIAL DWELLING PROJECT. [(c) An employer is entitled to obtain only criminal history record information that relates to: [(1) an offense classified as: [(A) an offense against the person or the family; [(B) an offense against property; or [(C) public indecency; [(2) a felony violation of a statute intended to control the possession or distribution of a substance regulated under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code; or [(3) if the position of employment requires a substantial amount of driving in the course and scope of the employment, an offense under Section 49.04, 49.07, or 49.08, Penal Code.] [(d)] (c) Criminal history record information obtained under Subsection (b) may not be released or disclosed to any person except on court order or with the written consent of the person who is the subject of the criminal history record information. SECTION 6. Section 411.122, Government Code, is amended to read as follows: Sec. 411.122. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: LICENSING OR REGULATORY AGENCY. [(b) Under this section, an agency is entitled to obtain only criminal history record information that relates to the conviction of the person.] [(c)] (b) This section does not apply to an agency that is: (1) specifically authorized by this subchapter to obtain criminal history record information from the department; or (2) covered by Section 53.002, Occupations Code. SECTION 7. Section 411.123, Government Code, is amended to read as follows: Sec. 411.123. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: MUNICIPAL FIRE DEPARTMENT. [(b) A fire department is entitled to obtain only criminal history record information that relates to the conviction of the person.] SECTION 8. Section 411.1235, Government Code, is amended to read as follows: Sec. 411.1235. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: VOLUNTEER FIRE DEPARTMENTS. [(b) A fire department is entitled to obtain only criminal history record information that relates to the conviction of the person.] [(c)] (b) A fire department may not keep or retain criminal history record information obtained under this section in any file. Criminal history record information must be destroyed promptly after the determination of suitability of the person for any position as a volunteer or employee. SECTION 9. Section 411.1236, Government Code, is amended to read as follows: Sec. 411.1236. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS COMMISSION ON FIRE PROTECTION. (a) [This section applies only to a circumstance in which] The Texas Commission on Fire Protection is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) [the Texas Commission on Fire Protection:] an applicant for a license under Chapter 419; [(A) issues or renews to an individual a license, permit, certificate, or other similar authorization; and [(B) is authorized or required by law to obtain criminal history record information relating to the individual; and] (2) [another person, including a state agency or local government:] the holder of a license under Chapter 419; [(A) is authorized or required to obtain the same information; and [(B) did obtain that information not earlier than the 90th day before the date on which the individual makes an application to the Texas Commission on Fire Protection for issuance or renewal of the license, permit, certificate, or other similar authorization.] (3) an applicant for employment by the commission; or (4) an employee of the commission. (b) [In a circumstance described by Subsection (a),] Criminal history record information obtained by the Texas Commission on Fire Protection [shall obtain criminal history record information from the person who has obtained the required information as described by] under Subsection (a)[(2).] may not be released to any person or agency except on court order, unless the information is entered into evidence by the board in an administrative, civil, or criminal hearing under Chapter 419 [On request from the Texas Commission on Fire Protection under this section, the person shall provide the information to the Texas Commission on Fire Protection]. [(c) Notwithstanding any other law or rule, the Texas Commission on Fire Protection may disclose to the following persons the fact that issuance or renewal of a license, permit, certificate, or similar authorization was denied because of criminal history record information: [(1) the individual who applied for the license, permit, certificate, or similar authorization; and [(2) if the individual is requesting certification under Subchapter B or D, Chapter 419, the local authority, fire department, or volunteer fire department for which the fire protection personnel or volunteer fire fighter would provide services.] [(d) The Texas Commission on Fire Protection may not disclose the content of the criminal history record information under Subsection (c)(2).] SECTION 10. Section 411.124, Government Code, is amended to read as follows: Sec. 411.124. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: POLITICAL SUBDIVISIONS; PUBLIC TRANSPORTATION DRIVERS. [(b) A municipality is entitled to obtain only criminal history record information that relates to a conviction of the person.] SECTION 11. Section 411.125, Government Code, is amended to read as follows: Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: BOARD OF NURSE EXAMINERS. [(b) The board is entitled to obtain only criminal history record information that relates to a conviction of the person for an offense that: [(1) is classified as a felony; [(2) is classified as a misdemeanor involving moral turpitude; [(3) is an offense involving the abuse of a drug, including alcohol; or [(4) resulted in the revocation of probation imposed following a conviction of an offense specified in Subdivision (1), (2), or (3).] SECTION 12. Section 411.131, Government Code, is amended to read as follows: Sec. 411.131. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: SAFE HOUSES. [(c) A safe house is entitled to obtain from the department only criminal history record information that relates to a conviction.] [(d)] (c) The department may establish rules governing the administration of this section. [(e)] (d) A safe house may not keep or retain criminal history record information obtained under this section in any file. Criminal history record information must be destroyed promptly after the determination of suitability of the person for any position as a volunteer. [(f)] (e) A safe house or an officer or volunteer of a safe house is not liable in a civil action for damages resulting from a failure to comply with this section if the safe house, officer, or volunteer makes a good faith effort to comply. SECTION 13. Section 411.104, Government Code, is amended to read as follows: Sec. 411.104. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS [EMPLOYMENT] WORKFORCE COMMISSION. (a) In this section, "security sensitive position" has the meaning assigned by Section [202.042(h)] 301.042(c), Labor Code. (b) The Texas [Employment] Workforce Commission is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant for a security sensitive position. SECTION 14. Section 411.105, Government Code, is amended to read as follows: Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (a) The Texas State Board of Public Accountancy is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for certification as a certified public accountant under the Public Accountancy Act [of 1991] ([Article 41a-1, Vernon's Texas Civil Statutes] Chapter 901, Occupations Code); (2) an applicant to take the uniform CPA examination under that Act; or (3) an applicant to register under Section [14 of that Act] 901.412, Occupations Code. SECTION 15. Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.1385 to read as follows: Sec. 411.1385. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: SAVINGS AND LOAN COMMISSIONER. (a) The Savings and Loan Commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant for or holder of a mortgage broker or loan officer license issued under Chapter 156, Finance Code. (b) Criminal history record information obtained by the Savings and Loan Commissioner under Subsection (a) may not be released or disclosed unless: (1) the criminal history record information is a public record at the time the Savings and Loan Commissioner obtains the criminal history record information; or (2) the Savings and Loan Commissioner releases the criminal history record information: (A) under order from a court; (B) with the consent of the person who is the subject of the criminal history record information; (C) to a person through whom the person who is the subject of the criminal history record information is conducting or will conduct business; or (D) to a governmental agency. SECTION 16. Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.1386 to read as follows: Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COURT CLERK; GUARDIANSHIPS. (a) The clerk of the county having venue over a proceeding for the appointment of a guardian under Chapter 13, Probate Code, is entitled to obtain from the department criminal history record information maintained by the department that relates to: (1) a private professional guardian; (2) each person who represents or plans to represent the interests of a ward as a guardian on behalf of the private professional guardian; or (3) each person employed by a private professional guardian who will: (A) have personal contact with a ward or proposed ward; (B) exercise control over and manage a ward's estate; or (C) perform any duties with respect to the management of a ward's estate. (b) Criminal history record information obtained by a clerk under Subsection (a) is for the exclusive use of the court and may be used only in determining whether to appoint, remove, or continue the appointment of a private professional guardian. (c) Criminal history record information obtained by a clerk under Subsection (a) may not be released or otherwise disclosed to any person or agency except on court order or with the consent of the person who is the subject of the criminal history record information. The clerk may destroy the criminal history record information after the criminal history record information is used for the purposes authorized by this section. SECTION 17. Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.1387 to read as follows: Sec. 411.1387. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: FACILITY, REGULATORY AGENCY, OR PRIVATE AGENCY. (a) In this section, "facility," "regulatory agency," and "private agency" have the meanings assigned by Section 250.001, Health and Safety Code. (b) A facility, a regulatory agency, or a private agency on behalf of a facility is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for employment at a facility other than a facility licensed under Chapter 142, Health and Safety Code; (2) an employee of a facility other than a facility licensed under Chapter 142, Health and Safety Code; or (3) an applicant for employment at or an employee of a facility licensed under Chapter 142, Health and Safety Code, whose employment duties would or do involve direct contact with a consumer in the facility. (c) A facility may: (1) pay a private agency to obtain criminal history record information for an applicant or employee described by Subsection (b) directly from the department; or (2) obtain the criminal history record information directly from the department. (c) A private agency obtaining criminal history record information on behalf of a facility shall forward the criminal history record information received under Subsection (b) to the facility requesting the information. (d) Criminal history record information obtained by a facility, a regulatory agency, or a private agency on behalf of a facility under this section may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the criminal history record information. SECTION 18. Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.1388 to read as follows: Sec. 411.1388. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: INTERAGENCY COUNCIL ON SEX OFFENDER TREATMENT. (a) The Interagency Council on Sex Offender Treatment is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who: (1) is registered to provide mental health or medical services for the rehabilitation of sex offenders under Article 4413(51), Vernon's Texas Civil Statutes; or (2) has applied for registration or renewal of a registration to provide mental health or medical services for the rehabilitation of sex offenders under Article 4413(51), Vernon's Texas Civil Statutes. (b) Criminal history record information obtained by the Interagency Council on Sex Offender Treatment under Subsection (a) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the criminal history record information. (c) The Interagency Council on Sex Offender Treatment shall destroy criminal history record information obtained under Subsection (a) not later than one year after the date of the council's decision on eligibility. SECTION 19. This act takes effect September 1, 2003.