81R11414 MCK-D
 
  By: Rios Ybarra H.B. No. 4020
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to criminal history record information by the
  Texas Veterans Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1211 to read as follows:
         Sec. 411.1211.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: TEXAS VETERANS COMMISSION.  (a)  The Texas Veterans
  Commission is entitled to obtain from the department, the Federal
  Bureau of Investigation identification division, or another law
  enforcement agency criminal history record information maintained
  by the department, division, or agency that relates to a person who:
               (1)  is an employee or an applicant for employment with
  the commission;
               (2)  is a consultant, intern, or volunteer for the
  commission or an applicant to serve as a consultant, intern, or
  volunteer;
               (3)  proposes to enter into a contract with or has a
  contract with the commission to perform services for or supply
  goods to the commission; or
               (4)  is an employee or subcontractor, or an applicant
  to be an employee or subcontractor, of a contractor that provides
  services to the commission.
         (b)  Criminal history record information obtained by the
  Texas Veterans Commission under Subsection (a) may not be released
  or disclosed to any person except:
               (1)  on court order;
               (2)  with the consent of the person who is the subject
  of the criminal history record information; or
               (3)  to a federal agency as required by federal law or
  executive order.
         (c)  The Texas Veterans Commission shall destroy criminal
  history record information obtained under this section after the
  information is used for the purposes authorized by this section.
         (d)  The Texas Veterans Commission may provide a copy of the
  criminal history record information obtained from the department,
  the Federal Bureau of Investigation identification division, or
  other law enforcement agency to the individual who is the subject of
  the information.
         (e)  The failure or refusal to provide the following on
  request constitutes good cause for dismissal or refusal to hire:
               (1)  a complete set of fingerprints;
               (2)  a true and complete name; or
               (3)  other information necessary for a law enforcement
  entity to provide a criminal history record.
         SECTION 2.  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, 2009.