88R2622 EAS-D
 
  By: Howard H.B. No. 1021
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal history record information obtained by certain
  facilities and private agencies on behalf of facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.1387(b-1), Government Code, is
  amended to read as follows:
         (b-1)  A facility or a private agency on behalf of a
  facility:
               (1)  shall [is entitled to] obtain from the department
  criminal history record information maintained by the department or
  an equivalent or enhanced background check that relates to a person
  who is[:
               [(1)]  an applicant for employment with, an employee
  of, or a volunteer with the facility; and
               (2)  is entitled to obtain from the department criminal
  history record information maintained by the department that
  relates to a person who is:
                     (A)  an applicant for employment with or an
  employee of a person or business that contracts with the facility;
  or
                     (B) [(3)]  a student enrolled in an educational
  program or course of study who is at the facility for educational
  purposes.
         SECTION 2.  Section 250.002(a-1), Health and Safety Code, is
  amended to read as follows:
         (a-1)  A facility or a private agency on behalf of a
  facility:
               (1)  shall [is entitled to] obtain from the Department
  of Public Safety of the State of Texas criminal history record
  information maintained by the Department of Public Safety or an
  equivalent or enhanced background check that relates to a person
  who is[:
               [(1)]  an applicant for employment with, an employee
  of, or a volunteer with the facility; and
               (2)  is entitled to obtain from the Department of
  Public Safety criminal history record information maintained by the
  Department of Public Safety that relates to a person who is:
                     (A)  an applicant for employment with or an
  employee of a person or business that contracts with the facility;
                     (B) [(3)]  an applicant for employment by or an
  employee of an individual employer; or
                     (C) [(4)]  a student enrolled in an educational
  program or course of study who is at the facility for educational
  purposes.
         SECTION 3.  Section 411.1387(b-1), Government Code, and
  Section 250.002(a-1), Health and Safety Code, as amended by this
  Act, apply only to criminal history record information obtained on
  or after the effective date of this Act. Criminal history record
  information obtained before the effective date of this Act is
  governed by the law in effect when the criminal history record
  information was obtained, and the former law is continued in effect
  for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.