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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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Texas Veterans Commission. |
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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 411.1211 to read as follows: |
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Sec. 411.1211. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: TEXAS VETERANS COMMISSION. (a) The Texas Veterans |
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Commission is entitled to obtain from the department, the Federal |
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Bureau of Investigation Criminal Justice Information Services |
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Division, or another law enforcement agency criminal history record |
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information maintained by the department, division, or agency that |
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relates to a person who: |
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(1) is an employee or an applicant for employment with |
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the commission; |
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(2) is a consultant, intern, or volunteer for the |
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commission or an applicant to serve as a consultant, intern, or |
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volunteer; |
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(3) proposes to enter into a contract with or has a |
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contract with the commission to perform services for or supply |
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goods to the commission; or |
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(4) is an employee or subcontractor, or an applicant |
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to be an employee or subcontractor, of a contractor that provides |
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services to the commission. |
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(b) Criminal history record information obtained by the |
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Texas Veterans Commission under Subsection (a) may not be released |
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or disclosed to any person except: |
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(1) on court order; |
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(2) with the consent of the person who is the subject |
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of the criminal history record information; or |
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(3) to a federal agency as required by federal law or |
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executive order. |
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(c) The Texas Veterans Commission shall destroy criminal |
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history record information obtained under this section after the |
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information is used for the purposes authorized by this section. |
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(d) The Texas Veterans Commission may provide a copy of the |
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criminal history record information obtained from the department, |
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the Federal Bureau of Investigation Criminal Justice Information |
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Services Division, or other law enforcement agency to the |
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individual who is the subject of the information. |
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(e) The failure or refusal to provide the following on |
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request constitutes good cause for dismissal or refusal to hire: |
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(1) a complete set of fingerprints; |
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(2) a true and complete name; or |
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(3) other information necessary for a law enforcement |
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entity to provide a criminal history record. |
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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. |
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* * * * * |