82R7221 AJZ-F

By: Gonzalez H.B. No. 2737

A BILL TO BE ENTITLED

AN ACT

relating to criminal history record information checks of employees of residential dwelling projects, including employees of public housing authorities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 411.081(i), Government Code, as amended by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. 1599), and 1027 (H.B. 4343), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(i) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under Subsection (d) to the following noncriminal justice agencies or entities only:

(1) the State Board for Educator Certification;

(2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;

(3) the Texas Medical Board;

(4) the Texas School for the Blind and Visually Impaired;

(5) the Board of Law Examiners;

(6) the State Bar of Texas;

(7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;

(8) the Texas School for the Deaf;

(9) the Department of Family and Protective Services;

(10) the Texas Youth Commission;

(11) the Department of Assistive and Rehabilitative Services;

(12) the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;

(13) the Texas Private Security Board;

(14) a municipal or volunteer fire department;

(15) the Texas Board of Nursing;

(16) a safe house providing shelter to children in harmful situations;

(17) a public or nonprofit hospital or hospital district;

(18) the Texas Juvenile Probation Commission;

(19) the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, or the credit union commissioner;

(20) the Texas State Board of Public Accountancy;

(21) the Texas Department of Licensing and Regulation;

(22) the Health and Human Services Commission;

(23) the Department of Aging and Disability Services;

(24) the Texas Education Agency; [and]

(25) the Guardianship Certification Board; [and]

(26) a county clerk's office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code;

(27) [(25)] the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to:

(A) the Department of Information Resources; or

(B) a contractor or subcontractor of the Department of Information Resources;

(28) [(25)] the Court Reporters Certification Board; [and]

(29) [(25)] the Texas Department of Insurance; and

(30) a housing authority, as defined by Section 392.002, Local Government Code.

SECTION 2. Sections 411.118(a) and (b), Government Code, are amended to read as follows:

(a) In this section, "employer" ["employer," "employee," "occupant,"] and "residential dwelling project" have the meanings assigned by Section 765.001, Health and Safety Code.

(b) An employer is entitled to obtain from the department criminal history record information maintained by the department that pertains to a person who:

(1) is an applicant for a position of employment in a residential dwelling project to whom an offer of employment is made; or [and]

(2) is employed in a residential dwelling project [may be reasonably required to have access to the residence of an occupant].

SECTION 3. Section 765.002(a), Health and Safety Code, is amended to read as follows:

(a) This chapter applies to:

(1) each applicant for a position of employment in a residential dwelling project to whom an offer of employment is made; and

(2) each person employed in a residential dwelling project [and who, in the course and scope of the employment, may be reasonably required to have access to a dwelling in the residential dwelling project].

SECTION 4. Sections 765.003(a), (c), (d), and (e), Health and Safety Code, are amended to read as follows:

(a) An employer may request an applicant to disclose to the employer the applicant's criminal history at any time before or after an offer of employment is made to the applicant, including during any period of employment resulting from the offer. Any time after [After] an offer of employment is made, including during any period of employment resulting from the offer, the employer may verify through the department any criminal history record information that is maintained by the department relating to the [that] applicant or employee and that the department is authorized to release under Chapter 411, Government Code. The employer may verify the information only in compliance with this section and with the authorization of the individual who is the subject of the criminal history record information [applicant and in compliance with this section].

(c) The department may adopt rules relating to an employer's access to criminal history record information, including requirements for submission of:

(1) the employer's complete name, current street address, and federal employer identification number;

(2) an affidavit by an authorized representative of the employer stating that the employer currently employs or has offered a position of employment in a residential dwelling project to the individual whose criminal history is requested [has been offered a position of employment by the employer in a residential dwelling project and that, in the course and scope of the employment, the individual may be reasonably required to have access to a dwelling in the residential dwelling project]; and

(3) the complete name, date of birth, social security number, and current street address of the individual signing the affidavit.

(d) An affidavit submitted under Subsection (c) must include a statement, executed by the employed individual or individual offered the position of employment, as applicable, that authorizes the employer to obtain the criminal history record of the individual.

(e) The department may not provide an employer with the criminal history record information of an applicant or employee under this chapter unless the employer is entitled to receive the information under Section 411.118, Government Code.

SECTION 5. To the extent of any conflict, this Act prevails over another Act of the 82nd Legislature, Regular Session, 2011, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 6. This Act takes effect September 1, 2011.