80R2844 KEL-D

By: Madden H.B. No. 1367

A BILL TO BE ENTITLED

AN ACT

relating to access to the criminal history record information of students, prospective students, and prospective employees by certain public or private postsecondary educational institutions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.215, Education Code, is amended to read as follows:

Sec. 51.215. SECURITY-SENSITIVE POSITIONS OF EMPLOYMENT [ACCESS TO POLICE RECORDS OF EMPLOYMENT APPLICANTS]. (a) An institution of higher education or a private or independent institution of higher education [is entitled to obtain criminal history record information pertaining to an applicant for employment for a security-sensitive position. The institution of higher education] may deny employment to an applicant for a security-sensitive position who fails to provide a complete set of fingerprints upon request.

(b) [(c) An institution of higher education may use information obtained under this section only for the purpose of evaluating applicants for employment in security-sensitive positions. Security-sensitive positions shall be restricted to employees who handle currency, have access to a computer terminal, have access to a master key, or who work in an area of the institution which has been designated as a security-sensitive area.] A security-sensitive position shall be so identified in the job description and advertisement for the position.

(c) [(e)] In this section:

(1) "Institution[, "institution] of higher education" has the meaning assigned by Section 61.003.

(2) "Private or independent institution of higher education" means:

(A) a private or independent institution of higher education as defined by Section 61.003; or

(B) another private postsecondary educational institution, as defined by Section 61.302, that is accredited by an association or organization designated as a recognized accrediting agency by the Texas Higher Education Coordinating Board.

(3) "Security-sensitive position" has the meaning assigned by Section 411.094, Government Code [means:

[(1) an institution of higher education, as defined by Section 61.003(8) of this code; and

[(2) a private institution of higher education, as defined by Section 61.003(15) of this code].

SECTION 2. Section 411.094, Government Code, is amended to read as follows:

Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PUBLIC OR PRIVATE INSTITUTIONS [INSTITUTION] OF HIGHER EDUCATION. (a) In this section:

(1) "Institution of higher education" [:

[(A)] has the meaning assigned by Section 61.003, Education Code[; or

[(B) means a private institution of higher education that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools].

(2) "Private or independent institution of higher education" means:

(A) a private or independent institution of higher education as defined by Section 61.003, Education Code; or

(B) another private postsecondary educational institution, as defined by Section 61.302, Education Code, that is accredited by an association or organization designated as a recognized accrediting agency by the Texas Higher Education Coordinating Board.

(3) "Security-sensitive position" means employment at [in] an institution of higher education or private or independent institution of higher education held by an employee who:

(A) handles currency;

(B) has access to a computer terminal;

(C) has access to a master key; or

(D) works in a location designated as a security-sensitive area.

(b) An institution of higher education or private or independent institution of higher education 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 security-sensitive position;

(2) an applicant for admission to the institution as a student; or

(3) a currently enrolled student of the institution.

(c) Criminal history record information obtained by an institution of higher education or private or independent institution of higher education under Subsection (b)(1) [(b)] may be used only for the purpose of evaluating applicants for employment in security-sensitive positions.

(c-1) Criminal history record information obtained by an institution of higher education or private or independent institution of higher education under Subsection (b)(2) or (3) may be used only for the purpose of:

(1) determining the eligibility of an applicant for admission to the institution in accordance with the admissions policies of the institution; or

(2) determining whether a currently enrolled student of the institution is eligible to remain enrolled as a student of the institution in accordance with the policies and procedures of the institution.

(d) Criminal history record information obtained [received] by an institution of higher education or private or independent institution of higher education under Subsection (b)(1) [(b)] may not be released or disclosed to any person except on court order.

(e) After the expiration of the probationary term of the individual's employment, all criminal history record information obtained about an individual under Subsection (b)(1) [(b)] shall be destroyed by the chief of police or chief personnel officer of the institution of higher education or private or independent institution of higher education, as applicable.

(f) Criminal history record information obtained by an institution of higher education or private or independent institution of higher education under Subsection (b)(2) or (3) may be released or disclosed only to the individual who is the subject of the criminal history record information and to appropriate faculty and administrative personnel of the institution as reasonably necessary to determine, in accordance with the policies and procedures of the institution, whether the applicant for admission is eligible for admittance to the institution or the currently admitted student is eligible to remain enrolled as a student of the institution, as applicable. Immediately after a final determination of an individual's eligibility for admission or for continuing enrollment has been made, all criminal history record information obtained about the individual under Subsection (b)(2) or (3), as applicable, shall be destroyed by the chief of police, chief admissions officer, or other official of the institution with custody of the information.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.