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A BILL TO BE ENTITLED
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AN ACT
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relating to access to criminal history record information by the |
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office of the attorney general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1271 to read as follows: |
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Sec. 411.1271. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: OFFICE OF THE ATTORNEY GENERAL. (a) The office of |
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the attorney general is entitled to obtain from the Department of |
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Public Safety, the Federal Bureau of Investigation identification |
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division, or another law enforcement agency criminal history record |
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information maintained by the department or agency that relates to |
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a person who is an applicant for a position of employment with the |
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office of the attorney general or an applicant to serve as a |
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consultant, intern, or volunteer for the office. |
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(b) The office of the attorney general is entitled to obtain |
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from the Department of Public Safety, the Federal Bureau of |
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Investigation identification division, or another law enforcement |
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agency criminal history record information maintained by the |
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department or agency that relates to a person who proposes to enter |
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into a contract with or who has a contract with the office of the |
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attorney general to supply goods or services to the office of the |
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attorney general. The authorization under this subsection to |
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obtain criminal history record information about a person includes |
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information relating to an employee or subcontractor of the person |
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or an employee of the person's subcontractor. |
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(c) Criminal history record information obtained by the |
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office of the attorney general under Subsection (a) or (b) may not |
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be released or disclosed to any person except on court order or with |
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the consent of the person who is the subject of the criminal history |
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record information. |
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(d) The office of the attorney general shall destroy |
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criminal history record information that relates to a person after |
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the information is used for its authorized purpose. |
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SECTION 2. 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, 2009. |