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AN ACT
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relating to access to the criminal history record information of |
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certain individuals by public or private institutions of higher |
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education and the Texas Higher Education Coordinating Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 411.094, Government Code, |
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is amended to read as follows: |
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Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: [INSTITUTION OF] HIGHER EDUCATION ENTITIES. |
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SECTION 2. Section 411.094(a)(2), Government Code, is |
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amended to read as follows: |
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(2) "Security-sensitive position" means an employment |
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position [in an institution of higher education] held by an |
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employee who: |
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(A) handles currency; |
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(B) has access to a computer terminal; |
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(C) has access to the personal information or |
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identifying information of another person; |
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(D) has access to the financial information of |
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the employer or another person; |
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(E) has access to a master key; or |
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(F) [(D)] works in a location designated as a |
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security-sensitive area. |
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SECTION 3. Sections 411.094(b), (c), (d), and (e), |
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Government Code, are amended to read as follows: |
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(b) The Texas Higher Education Coordinating Board and each |
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[An] institution of higher education are [is] entitled to obtain |
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from the department criminal history record information maintained |
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by the department that relates to a person who is an applicant for a |
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security-sensitive position at the coordinating board or |
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institution, as applicable. |
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(c) Criminal history record information obtained [by an
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institution of higher education] under Subsection (b) may be used |
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only for the purpose of evaluating applicants for employment in |
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security-sensitive positions. |
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(d) Criminal history record information received [by an
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institution of higher education] under Subsection (b) may not be |
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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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(e) All [After the expiration of the probationary term of
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the individual's employment, all] criminal history record |
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information obtained about an individual under Subsection (b) shall |
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be destroyed by the coordinating board or by the chief of police of |
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the institution of higher education, as applicable, as soon as |
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practicable after the individual becomes employed in a |
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security-sensitive position and after the expiration of any |
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probationary term of employment or, if the individual is not hired |
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for a security-sensitive position, after the information is used |
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for its authorized purpose. |
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SECTION 4. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2937 was passed by the House on April |
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26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2937 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |