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.