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A BILL TO BE ENTITLED
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AN ACT
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relating to background and criminal history checks and for certain |
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state employees who interact with children or supervise persons who |
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interact with children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 6, Government Code, is amended |
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by adding Chapter 672 to read as follows: |
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CHAPTER 672. CERTAIN AGENCIES INTERACTING WITH CHILDREN |
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Sec. 672.001. DEFINITIONS. In this chapter: |
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(1) "Child" means a person under 18 years of age. |
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(2) "State agency" means a department, commission, |
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board, office, or other agency in the executive branch of state |
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government, including a university system or institution of higher |
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education as defined by Section 61.003, Education Code. |
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Sec. 672.002. BACKGROUND AND CRIMINAL HISTORY CHECK. A |
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state agency shall require a background and criminal history check |
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to be completed for an applicant for employment with the agency in a |
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position the duties of which include: |
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(1) direct interactions with or the opportunity to |
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interact and associate with children; or |
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(2) supervision of persons who have direct |
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interactions with or the opportunity to interact and associate with |
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children. |
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Sec. 672.004. RULES. A state agency shall adopt rules to |
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implement this chapter, including procedures for identifying |
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positions requiring background and criminal history checks under |
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this chapter. |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1406 to read as follows: |
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Sec. 411.1406. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: STATE AGENCIES; CERTAIN EMPLOYEES WITH ACCESS TO |
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CHILDREN. (a) In this section: |
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(1) "Child" means a person under 18 years of age. |
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(2) "State agency" means a department, commission, |
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board, office, or other agency in the executive branch of state |
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government, including a university system or institution of higher |
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education as defined by Section 61.003, Education Code. |
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(b) A state agency is entitled to obtain from the department |
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or a private vendor approved by the department and offering |
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services comparable to the services offered by the department |
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criminal history record information maintained by the department |
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that relates to a person who is an applicant for employment with the |
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agency for a position the duties of which include: |
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(1) direct interactions with or the opportunity to |
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interact and associate with children; or |
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(2) supervision of persons who have direct |
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interactions with or the opportunity to interact and associate with |
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children. |
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(c) Criminal history record information obtained by a state |
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agency under Subsection (b) may be used only to evaluate an |
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applicant for employment as described by Subsection (b). |
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(d) Criminal history record information obtained by a state |
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agency under Subsection (b) may not be released or disclosed to any |
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person except on court order, on proper discovery request during |
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litigation, or with the consent of the person who is the subject of |
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the criminal history record information. |
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(e) The state agency shall destroy criminal history record |
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information that relates to a person no sooner than two years after |
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the person's employment with the agency ends or the agency |
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determines not to employ the person, as applicable. |
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SECTION 3. A state agency shall comply with Chapter 672, |
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Government Code, as added by this Act, not later than October 1, |
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2007. |
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SECTION 4. This Act takes effect September 1, 2007. |