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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information obtained by certain |
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facilities and private agencies on behalf of facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.1387(b-1), Government Code, is |
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amended to read as follows: |
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(b-1) A facility or a private agency on behalf of a |
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facility: |
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(1) shall [is entitled to] obtain from the department |
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criminal history record information maintained by the department or |
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an equivalent or enhanced background check that relates to a person |
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who is[: |
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[(1)] an applicant for employment with, an employee |
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of, or a volunteer with the facility; and |
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(2) is entitled to obtain from the department criminal |
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history record information maintained by the department that |
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relates to a person who is: |
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(A) an applicant for employment with or an |
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employee of a person or business that contracts with the facility; |
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or |
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(B) [(3)] a student enrolled in an educational |
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program or course of study who is at the facility for educational |
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purposes. |
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SECTION 2. Section 250.002(a-1), Health and Safety Code, is |
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amended to read as follows: |
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(a-1) A facility or a private agency on behalf of a |
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facility: |
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(1) shall [is entitled to] obtain from the Department |
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of Public Safety of the State of Texas criminal history record |
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information maintained by the Department of Public Safety or an |
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equivalent or enhanced background check that relates to a person |
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who is[: |
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[(1)] an applicant for employment with, an employee |
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of, or a volunteer with the facility; and |
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(2) is entitled to obtain from the Department of |
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Public Safety criminal history record information maintained by the |
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Department of Public Safety that relates to a person who is: |
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(A) an applicant for employment with or an |
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employee of a person or business that contracts with the facility; |
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(B) [(3)] an applicant for employment by or an |
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employee of an individual employer; or |
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(C) [(4)] a student enrolled in an educational |
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program or course of study who is at the facility for educational |
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purposes. |
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SECTION 3. Section 411.1387(b-1), Government Code, and |
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Section 250.002(a-1), Health and Safety Code, as amended by this |
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Act, apply only to criminal history record information obtained on |
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or after the effective date of this Act. Criminal history record |
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information obtained before the effective date of this Act is |
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governed by the law in effect when the criminal history record |
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information was obtained, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |