| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to access by a public institution of higher education to |
|
|
the criminal history record information of certain persons seeking |
|
|
to reside in on-campus housing. |
|
|
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: PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; |
|
|
SECURITY-SENSITIVE POSITION. |
|
|
SECTION 2. Subchapter F, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.0945 to read as follows: |
|
|
Sec. 411.0945. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: PUBLIC INSTITUTION OF HIGHER EDUCATION; ON-CAMPUS |
|
|
STUDENT HOUSING. (a) In this section, "institution of higher |
|
|
education" has the meaning assigned by Section 61.003, Education |
|
|
Code. |
|
|
(b) An institution of higher education is entitled to obtain |
|
|
from the department criminal history record information maintained |
|
|
by the department that relates to a student, or to an applicant for |
|
|
admission as a student, who applies to reside in on-campus housing |
|
|
at the institution. |
|
|
(c) Criminal history record information obtained by an |
|
|
institution of higher education under Subsection (b) may be used by |
|
|
the chief of police of the institution or by the institution's |
|
|
housing office only for the purpose of evaluating current students |
|
|
or applicants for enrollment who apply to reside in on-campus |
|
|
housing at the institution. |
|
|
(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) As soon as practicable after the beginning of the |
|
|
academic period for which the person's housing application was |
|
|
submitted, all criminal history record information obtained about a |
|
|
person under Subsection (b) shall be destroyed by the chief of |
|
|
police of the institution or by the institution's housing office, |
|
|
as applicable. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a person who applies to reside in on-campus housing at a public |
|
|
institution of higher education for an academic period that begins |
|
|
on or after the effective date of this Act. |
|
|
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. |