| 1 | 1 | | 81R11414 MCK-D |
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| 2 | 2 | | By: Rios Ybarra, Ortiz, Jr. H.B. No. 4020 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to criminal history record information by the |
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| 8 | 8 | | Texas Veterans Commission. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.1211 to read as follows: |
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| 12 | 12 | | Sec. 411.1211. ACCESS TO CRIMINAL HISTORY RECORD |
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| 13 | 13 | | INFORMATION: TEXAS VETERANS COMMISSION. (a) The Texas Veterans |
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| 14 | 14 | | Commission is entitled to obtain from the department, the Federal |
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| 15 | 15 | | Bureau of Investigation identification division, or another law |
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| 16 | 16 | | enforcement agency criminal history record information maintained |
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| 17 | 17 | | by the department, division, or agency that relates to a person who: |
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| 18 | 18 | | (1) is an employee or an applicant for employment with |
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| 19 | 19 | | the commission; |
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| 20 | 20 | | (2) is a consultant, intern, or volunteer for the |
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| 21 | 21 | | commission or an applicant to serve as a consultant, intern, or |
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| 22 | 22 | | volunteer; |
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| 23 | 23 | | (3) proposes to enter into a contract with or has a |
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| 24 | 24 | | contract with the commission to perform services for or supply |
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| 25 | 25 | | goods to the commission; or |
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| 26 | 26 | | (4) is an employee or subcontractor, or an applicant |
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| 27 | 27 | | to be an employee or subcontractor, of a contractor that provides |
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| 28 | 28 | | services to the commission. |
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| 29 | 29 | | (b) Criminal history record information obtained by the |
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| 30 | 30 | | Texas Veterans Commission under Subsection (a) may not be released |
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| 31 | 31 | | or disclosed to any person except: |
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| 32 | 32 | | (1) on court order; |
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| 33 | 33 | | (2) with the consent of the person who is the subject |
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| 34 | 34 | | of the criminal history record information; or |
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| 35 | 35 | | (3) to a federal agency as required by federal law or |
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| 36 | 36 | | executive order. |
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| 37 | 37 | | (c) The Texas Veterans Commission shall destroy criminal |
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| 38 | 38 | | history record information obtained under this section after the |
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| 39 | 39 | | information is used for the purposes authorized by this section. |
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| 40 | 40 | | (d) The Texas Veterans Commission may provide a copy of the |
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| 41 | 41 | | criminal history record information obtained from the department, |
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| 42 | 42 | | the Federal Bureau of Investigation identification division, or |
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| 43 | 43 | | other law enforcement agency to the individual who is the subject of |
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| 44 | 44 | | the information. |
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| 45 | 45 | | (e) The failure or refusal to provide the following on |
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| 46 | 46 | | request constitutes good cause for dismissal or refusal to hire: |
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| 47 | 47 | | (1) a complete set of fingerprints; |
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| 48 | 48 | | (2) a true and complete name; or |
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| 49 | 49 | | (3) other information necessary for a law enforcement |
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| 50 | 50 | | entity to provide a criminal history record. |
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| 51 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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