83R1509 KEL-D
 
  By: Williams S.B. No. 146
 
 
 
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: HIGHER EDUCATION ENTITIES; 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, 2013.