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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information checks of employees |
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of residential dwelling projects, including employees of public |
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housing authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.081(i), Government Code, as amended |
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by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. 1599), and |
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1027 (H.B. 4343), Acts of the 81st Legislature, Regular Session, |
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2009, is reenacted and amended to read as follows: |
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(i) A criminal justice agency may disclose criminal history |
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record information that is the subject of an order of nondisclosure |
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under Subsection (d) to the following noncriminal justice agencies |
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or entities only: |
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(1) the State Board for Educator Certification; |
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(2) a school district, charter school, private school, |
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regional education service center, commercial transportation |
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company, or education shared service arrangement; |
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(3) the Texas Medical Board; |
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(4) the Texas School for the Blind and Visually |
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Impaired; |
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(5) the Board of Law Examiners; |
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(6) the State Bar of Texas; |
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(7) a district court regarding a petition for name |
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change under Subchapter B, Chapter 45, Family Code; |
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(8) the Texas School for the Deaf; |
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(9) the Department of Family and Protective Services; |
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(10) the Texas Youth Commission; |
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(11) the Department of Assistive and Rehabilitative |
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Services; |
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(12) the Department of State Health Services, a local |
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mental health service, a local mental retardation authority, or a |
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community center providing services to persons with mental illness |
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or retardation; |
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(13) the Texas Private Security Board; |
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(14) a municipal or volunteer fire department; |
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(15) the Texas Board of Nursing; |
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(16) a safe house providing shelter to children in |
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harmful situations; |
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(17) a public or nonprofit hospital or hospital |
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district; |
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(18) the Texas Juvenile Probation Commission; |
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(19) the securities commissioner, the banking |
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commissioner, the savings and mortgage lending commissioner, or the |
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credit union commissioner; |
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(20) the Texas State Board of Public Accountancy; |
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(21) the Texas Department of Licensing and Regulation; |
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(22) the Health and Human Services Commission; |
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(23) the Department of Aging and Disability Services; |
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(24) the Texas Education Agency; [and] |
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(25) the Guardianship Certification Board; [and] |
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(26) a county clerk's office in relation to a |
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proceeding for the appointment of a guardian under Chapter XIII, |
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Texas Probate Code; |
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(27) [(25)] the Department of Information Resources |
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but only regarding an employee, applicant for employment, |
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contractor, subcontractor, intern, or volunteer who provides |
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network security services under Chapter 2059 to: |
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(A) the Department of Information Resources; or |
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(B) a contractor or subcontractor of the |
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Department of Information Resources; |
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(28) [(25)] the Court Reporters Certification Board; |
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[and] |
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(29) [(25)] the Texas Department of Insurance; and |
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(30) a housing authority, as defined by Section |
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392.002, Local Government Code. |
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SECTION 2. Sections 411.118(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) In this section, "employer" ["employer,"
"employee,"
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"occupant,"] and "residential dwelling project" have the meanings |
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assigned by Section 765.001, Health and Safety Code. |
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(b) An employer is entitled to obtain from the department |
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criminal history record information maintained by the department |
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that pertains to a person who: |
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(1) is an applicant for a position of employment in a |
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residential dwelling project to whom an offer of employment is |
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made; or [and] |
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(2) is employed in a residential dwelling project [may
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be reasonably required to have access to the residence of an
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occupant]. |
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SECTION 3. Section 765.002(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) This chapter applies to: |
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(1) each applicant for a position of employment in a |
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residential dwelling project to whom an offer of employment is |
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made; and |
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(2) each person employed in a residential dwelling |
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project [and who, in the course and scope of the employment, may be
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reasonably required to have access to a dwelling in the residential
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dwelling project]. |
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SECTION 4. Sections 765.003(a), (c), (d), and (e), Health |
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and Safety Code, are amended to read as follows: |
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(a) An employer may request an applicant to disclose to the |
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employer the applicant's criminal history at any time before or |
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after an offer of employment is made to the applicant, including |
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during any period of employment resulting from the offer. Any time |
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after [After] an offer of employment is made, including during any |
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period of employment resulting from the offer, the employer may |
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verify through the department any criminal history record |
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information that is maintained by the department relating to the |
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[that] applicant or employee and that the department is authorized |
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to release under Chapter 411, Government Code. The employer may |
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verify the information only in compliance with this section and |
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with the authorization of the individual who is the subject of the |
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criminal history record information [applicant and in compliance
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with this section]. |
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(c) The department may adopt rules relating to an employer's |
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access to criminal history record information, including |
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requirements for submission of: |
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(1) the employer's complete name, current street |
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address, and federal employer identification number; |
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(2) an affidavit by an authorized representative of |
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the employer stating that the employer currently employs or has |
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offered a position of employment in a residential dwelling project |
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to the individual whose criminal history is requested [has been
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offered a position of employment by the employer in a residential
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dwelling project and that, in the course and scope of the
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employment, the individual may be reasonably required to have
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access to a dwelling in the residential dwelling project]; and |
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(3) the complete name, date of birth, social security |
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number, and current street address of the individual signing the |
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affidavit. |
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(d) An affidavit submitted under Subsection (c) must |
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include a statement, executed by the employed individual or |
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individual offered the position of employment, as applicable, that |
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authorizes the employer to obtain the criminal history record of |
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the individual. |
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(e) The department may not provide an employer with the |
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criminal history record information of an applicant or employee |
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under this chapter unless the employer is entitled to receive the |
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information under Section 411.118, Government Code. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2011. |