By: Lewis (Senate Sponsor - Zaffirini) H.B. No. 2937
         (In the Senate - Received from the House April 27, 2011;
  May 3, 2011, read first time and referred to Committee on Higher
  Education; May 12, 2011, reported favorably by the following vote:  
  Yeas 7, Nays 0; May 12, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to access to the criminal history record information of
  certain individuals by public or private institutions of higher
  education and the Texas Higher Education Coordinating Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 411.094, Government Code,
  is amended to read as follows:
         Sec. 411.094.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: [INSTITUTION OF] HIGHER EDUCATION ENTITIES.
         SECTION 2.  Section 411.094(a)(2), Government Code, is
  amended to read as follows:
               (2)  "Security-sensitive position" means an employment
  position [in an institution of higher education] held by an
  employee who:
                     (A)  handles currency;
                     (B)  has access to a computer terminal;
                     (C)  has access to the personal information or
  identifying information of another person;
                     (D)  has access to the financial information of
  the employer or another person;
                     (E)  has access to a master key; or
                     (F) [(D)]  works in a location designated as a
  security-sensitive area.
         SECTION 3.  Sections 411.094(b), (c), (d), and (e),
  Government Code, are amended to read as follows:
         (b)  The Texas Higher Education Coordinating Board and each
  [An] institution of higher education are [is] entitled to obtain
  from the department criminal history record information maintained
  by the department that relates to a person who is an applicant for a
  security-sensitive position at the coordinating board or
  institution, as applicable.
         (c)  Criminal history record information obtained [by an
  institution of higher education] under Subsection (b) may be used
  only for the purpose of evaluating applicants for employment in
  security-sensitive positions.
         (d)  Criminal history record information received [by an
  institution of higher education] under Subsection (b) may not be
  released or disclosed to any person except on court order or with
  the consent of the person who is the subject of the criminal history
  record information.
         (e)  All [After the expiration of the probationary term of
  the individual's employment, all] criminal history record
  information obtained about an individual under Subsection (b) shall
  be destroyed by the coordinating board or by the chief of police of
  the institution of higher education, as applicable, as soon as
  practicable after the individual becomes employed in a
  security-sensitive position and after the expiration of any
  probationary term of employment or, if the individual is not hired
  for a security-sensitive position, after the information is used
  for its authorized purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
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