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.