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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic delivery of records held by the Texas |
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Commission on Law Enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Title 10, Occupations Code, is |
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amended by amending Section 1701.451 to read as follows: |
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Sec. 1701.451. PREEMPLOYMENT REQUEST FOR EMPLOYMENT |
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TERMINATION REPORT AND SUBMISSION OF BACKGROUND CHECK CONFIRMATION |
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FORM. (a) Before a law enforcement agency may hire a person |
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licensed under this chapter, the agency head or the agency head's |
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designee must: |
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(1) make a request to the commission for any |
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employment termination report and regarding the person that is |
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maintained by the commission under this subchapter; and |
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(2) submit to the commission on the form prescribed by |
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the commission confirmation that the agency: |
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(A) conducted in the manner prescribed by the |
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commission a criminal background check regarding the person; |
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(B) obtained the person's written consent on a |
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form prescribed by the commission for the agency to view the |
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person's employment records; |
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(C) obtained from the commission any service or |
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education records regarding the person maintained by the |
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commission; and |
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(D) contacted each of the person's previous law |
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enforcement employers. |
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(a-1) A law enforcement agency that obtains a consent form |
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described by Subsection (a)(2)(B) shall make the person's |
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employment records available to a hiring law enforcement agency on |
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request, including by secure electronic means. The receiving |
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agency of the employment records must maintain their |
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confidentiality. |
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(b) The commission by rule shall establish a system for |
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verifying an electronically submitted request required by |
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Subsection (a)(1). |
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(c) If the commission receives from a law enforcement agency |
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a request that complies with Subsections (a)(1) and (b), the |
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commission employee having the responsibility to maintain any |
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employment termination report regarding the person who is the |
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subject of the request shall release the report to the agency. |
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SECTION 2. This Act takes effect September 1, 2021. |