BILL ANALYSIS
By: Solomons
Committee Report (Substituted)
BACKGROUND AND PURPOSE
During the 78th Regular Session, the Legislature passed HB 705, which created a presumption on criminal acts committed by an employee that the company did not act negligently if they performed and received a clear criminal background check on the employee. The legislation gave access to in-home service and in-home delivery companies to the confidential criminal background information held by the Texas Department of Public Safety or allowed them to receive a criminal background check from a private vendor approved by the Texas Department of Public Safety.
The Department of Public Safety has not approved any vendors because they cannot provide the same confidential information the legislation requires. There has also been some confusion because the bill lacked a definition for residence.
CSHB 852 defines residence and attempts to remedy these problems.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
CSHB 852 amends Section 145.001, CPRC, by adding Subsection (1-a) to define a residence as a person’s principal or ordinary home or dwelling place and includes any attached garage or a construction area that is attached to and accessible from an inhabited area or garage. Adds a short title: the Sue Weaver Act.
CSHB 852 amends Section 145.002, CPRC, by deleting language that the criminal background check provided by a private vendor be comparable to the services offered by the Texas Department of Public Safety. It requires that an employer keep the information contained in a criminal background check confidential and sets a record retention standard for the criminal background checks. Further, it requires that criminal background checks from a private vendor be able to provide all of the publicly accessible criminal data available at the Texas Department of Public Safety and that data must be updated as frequently as is available by the Department of Public Safety. Repeals Section 411.1181, Government Code, as added by Acts 2003, 78th Legislature, Chapter 228.
EFFECTIVE DATE
September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Adds requirements that an employer keep the information contained in a criminal background check confidential and sets a record retention standard for the criminal background checks.
Requires that criminal background checks from a private vendor be able to provide all of the publicly accessible criminal data available at the Texas Department of Public Safety and that data must be updated as frequently as is available by the Department of Public Safety.
Repeals Section 411.1181, Government Code, which gives in-home service and in-home delivery companies access to confidential criminal records at the Texas Department of Public Safety.