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A BILL TO BE ENTITLED
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AN ACT
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relating to access to the criminal history record information of |
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students, prospective students, and prospective employees by |
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certain public or private postsecondary educational institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.215, Education Code, is amended to |
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read as follows: |
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Sec. 51.215. SECURITY-SENSITIVE POSITIONS OF EMPLOYMENT |
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[ACCESS TO POLICE RECORDS OF EMPLOYMENT APPLICANTS]. (a) An |
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institution of higher education or a private or independent |
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institution of higher education [is entitled to obtain criminal
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history record information pertaining to an applicant for
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employment for a security-sensitive position. The institution of
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higher education] may deny employment to an applicant for a |
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security-sensitive position who fails to provide a complete set of |
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fingerprints upon request. |
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(b) [(c) An institution of higher education may use
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information obtained under this section only for the purpose of
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evaluating applicants for employment in security-sensitive
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positions. Security-sensitive positions shall be restricted to
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employees who handle currency, have access to a computer terminal,
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have access to a master key, or who work in an area of the
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institution which has been designated as a security-sensitive
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area.] A security-sensitive position shall be so identified in the |
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job description and advertisement for the position. |
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(c) [(e)] In this section: |
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(1) "Institution[, "institution] of higher education" |
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has the meaning assigned by Section 61.003. |
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(2) "Private or independent institution of higher |
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education" means: |
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(A) a private or independent institution of |
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higher education as defined by Section 61.003; or |
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(B) another private postsecondary educational |
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institution, as defined by Section 61.302, that is accredited by an |
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association or organization designated as a recognized accrediting |
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agency by the Texas Higher Education Coordinating Board. |
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(3) "Security-sensitive position" has the meaning |
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assigned by Section 411.094, Government Code [means:
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[(1) an institution of higher education, as defined by
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Section 61.003(8) of this code; and
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[(2) a private institution of higher education, as
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defined by Section 61.003(15) of this code]. |
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SECTION 2. Section 411.094, Government Code, is amended to |
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read as follows: |
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Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: PUBLIC OR PRIVATE INSTITUTIONS [INSTITUTION] OF |
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HIGHER EDUCATION. (a) In this section: |
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(1) "Institution of higher education" [:
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[(A)] has the meaning assigned by Section 61.003, |
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Education Code[; or
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[(B) means a private institution of higher
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education that is accredited by the Commission on Colleges of the
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Southern Association of Colleges and Schools]. |
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(2) "Private or independent institution of higher |
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education" means: |
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(A) a private or independent institution of |
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higher education as defined by Section 61.003, Education Code; or |
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(B) another private postsecondary educational |
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institution, as defined by Section 61.302, Education Code, that is |
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accredited by an association or organization designated as a |
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recognized accrediting agency by the Texas Higher Education |
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Coordinating Board. |
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(3) "Security-sensitive position" means employment at |
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[in] an institution of higher education or private or independent |
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institution of higher education held by an employee who: |
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(A) handles currency; |
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(B) has access to a computer terminal; |
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(C) has access to a master key; or |
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(D) works in a location designated as a |
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security-sensitive area. |
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(b) An institution of higher education or private or |
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independent institution of higher education is entitled to obtain |
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from the department criminal history record information maintained |
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by the department that relates to a person who is: |
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(1) an applicant for a security-sensitive position; |
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(2) an applicant for admission to the institution as a |
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student; or |
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(3) a currently enrolled student of the institution. |
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(c) Criminal history record information obtained by an |
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institution of higher education or private or independent |
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institution of higher education under Subsection (b)(1) [(b)] may |
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be used only for the purpose of evaluating applicants for |
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employment in security-sensitive positions. |
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(c-1) Criminal history record information obtained by an |
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institution of higher education or private or independent |
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institution of higher education under Subsection (b)(2) or (3) may |
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be used only for the purpose of: |
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(1) determining the eligibility of an applicant for |
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admission to the institution in accordance with the admissions |
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policies of the institution; or |
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(2) determining whether a currently enrolled student |
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of the institution is eligible to remain enrolled as a student of |
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the institution in accordance with the policies and procedures of |
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the institution. |
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(d) Criminal history record information obtained [received] |
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by an institution of higher education or private or independent |
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institution of higher education under Subsection (b)(1) [(b)] may |
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not be released or disclosed to any person except on court order. |
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(e) After the expiration of the probationary term of the |
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individual's employment, all criminal history record information |
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obtained about an individual under Subsection (b)(1) [(b)] shall be |
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destroyed by the chief of police or chief personnel officer of the |
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institution of higher education or private or independent |
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institution of higher education, as applicable. |
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(f) Criminal history record information obtained by an |
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institution of higher education or private or independent |
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institution of higher education under Subsection (b)(2) or (3) may |
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be released or disclosed only to the individual who is the subject |
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of the criminal history record information and to appropriate |
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faculty and administrative personnel of the institution as |
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reasonably necessary to determine, in accordance with the policies |
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and procedures of the institution, whether the applicant for |
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admission is eligible for admittance to the institution or the |
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currently admitted student is eligible to remain enrolled as a |
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student of the institution, as applicable. Immediately after a |
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final determination of an individual's eligibility for admission or |
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for continuing enrollment has been made, all criminal history |
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record information obtained about the individual under Subsection |
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(b)(2) or (3), as applicable, shall be destroyed by the chief of |
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police, chief admissions officer, or other official of the |
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institution with custody of the information. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |