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By: Estes |
S.B. No. 1421 |
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(In the Senate - Filed March 7, 2017; March 16, 2017, read |
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first time and referred to Committee on Criminal Justice, March 21, |
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2017, rereferred to Committee on Natural Resources & Economic |
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Development; March 30, 2017, reported favorably by the following |
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vote: Yeas 10, Nays 0; March 30, 2017, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to access to criminal history record information by the |
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Railroad Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1403 to read as follows: |
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Sec. 411.1403. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: RAILROAD COMMISSION OF TEXAS. (a) The Railroad |
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Commission of Texas is entitled to obtain from the department, the |
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Federal Bureau of Investigation Criminal Justice Information |
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Services Division, or another law enforcement agency criminal |
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history record information maintained by the department, division, |
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or agency that relates to a person who is: |
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(1) an applicant for employment with, or who is or has |
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been employed by, the commission; or |
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(2) a consultant, contract employee, independent |
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contractor, intern, or volunteer for the commission or an applicant |
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to serve in one of those positions. |
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(b) Criminal history record information obtained by the |
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Railroad Commission of Texas under Subsection (a) may be used only |
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to evaluate an applicant for employment with, or a current or former |
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employee of, the commission. |
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(c) The Railroad Commission of Texas may not release or |
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disclose information obtained under Subsection (a) except on court |
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order or with the consent of the person who is the subject of the |
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criminal history record information. |
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(d) After the expiration of any probationary term of the |
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person's employment or not later than the 180th day after the date |
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of receipt of the information, whichever is later, the Railroad |
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Commission of Texas shall destroy all criminal history record |
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information obtained under Subsection (a). |
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SECTION 2. 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, 2017. |
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