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AN ACT
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relating to criminal history record information concerning certain |
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applicants and clients of the Department of Assistive and |
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Rehabilitative Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.117, Government Code, is amended to |
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read as follows: |
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Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES |
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[TEXAS REHABILITATION COMMISSION]. The Department of Assistive and |
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Rehabilitative Services [Texas Rehabilitation Commission] is |
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entitled to obtain from the department criminal history record |
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information maintained by the department that relates to a person |
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who is: |
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(1) an applicant for [rehabilitation] services of the |
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Department of Assistive and Rehabilitative Services [Texas
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Rehabilitation Commission]; |
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(2) a client of the Department of Assistive and |
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Rehabilitative Services [Texas Rehabilitation Commission]; or |
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(3) an applicant for employment whose potential duties |
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include direct contact with clients of the Department of Assistive |
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and Rehabilitative Services [Texas Rehabilitation Commission]. |
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SECTION 2. Sections 111.058 and 111.0581, Human Resources |
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Code, are transferred to Subchapter B, Chapter 117, Human Resources |
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Code, redesignated as Sections 117.033 and 117.034, respectively, |
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and amended to read as follows: |
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Sec. 117.033 [111.058]. CRIMINAL HISTORY [CONVICTION] |
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RECORD INFORMATION. (a) The department [commission] may obtain |
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criminal history [conviction] record information from the Texas |
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Department of Criminal Justice and from the Texas Department of |
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Public Safety if the criminal history [conviction] records relate |
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to: |
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(1) an applicant selected for employment with the |
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department [commission]; |
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(2) an applicant for [rehabilitation] services of the |
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department; or |
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(3) a client of the department [commission]. |
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(b) The Texas Department of Criminal Justice and the Texas |
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Department of Public Safety upon request shall supply to the |
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department [commission] criminal history [conviction] record |
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information relating to applicants selected for employment with the |
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department [commission], applicants for [rehabilitation] services |
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of the department, or clients of the department [commission]. The |
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department [commission] shall treat all criminal history |
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[conviction] record information as privileged and confidential and |
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for department [commission] use only. |
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Sec. 117.034 [111.0581]. CRIMINAL HISTORY RECORD |
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INFORMATION: APPLICANTS FOR EMPLOYMENT. [(a)] The executive |
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commissioner [board] by rule shall establish criteria for denying a |
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person's application for employment based on criminal history |
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record [background] information obtained pursuant to Section |
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411.117, Government Code. |
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[(b)
The commission shall treat all criminal history record
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information as privileged and confidential and for commission use
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only.] |
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SECTION 3. The following provisions are repealed: |
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(1) Section 411.0985, Government Code; and |
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(2) Section 91.0165, Human Resources Code. |
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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, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 128 passed the Senate on |
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March 13, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 128 passed the House on |
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May 17, 2013, by the following vote: Yeas 134, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |