| 1 | 1 | | S.B. No. 1081 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to access to criminal history record information by the |
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| 6 | 6 | | office of the attorney general. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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| 9 | 9 | | amended by adding Section 411.1271 to read as follows: |
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| 10 | 10 | | Sec. 411.1271. ACCESS TO CRIMINAL HISTORY RECORD |
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| 11 | 11 | | INFORMATION: OFFICE OF THE ATTORNEY GENERAL. (a) The office of |
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| 12 | 12 | | the attorney general is entitled to obtain from the Department of |
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| 13 | 13 | | Public Safety, the Federal Bureau of Investigation identification |
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| 14 | 14 | | division, or another law enforcement agency criminal history record |
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| 15 | 15 | | information maintained by the department or agency that relates to |
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| 16 | 16 | | a person who is an applicant for a position of employment with the |
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| 17 | 17 | | office of the attorney general or an applicant to serve as a |
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| 18 | 18 | | consultant, intern, or volunteer for the office. |
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| 19 | 19 | | (b) The office of the attorney general is entitled to obtain |
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| 20 | 20 | | from the Department of Public Safety, the Federal Bureau of |
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| 21 | 21 | | Investigation identification division, or another law enforcement |
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| 22 | 22 | | agency criminal history record information maintained by the |
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| 23 | 23 | | department or agency that relates to a person who proposes to enter |
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| 24 | 24 | | into a contract with or who has a contract with the office of the |
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| 25 | 25 | | attorney general to supply goods or services to the office of the |
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| 26 | 26 | | attorney general. The authorization under this subsection to |
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| 27 | 27 | | obtain criminal history record information about a person includes |
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| 28 | 28 | | information relating to an employee or subcontractor of the person |
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| 29 | 29 | | or an employee of the person's subcontractor. |
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| 30 | 30 | | (c) Criminal history record information obtained by the |
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| 31 | 31 | | office of the attorney general under Subsection (a) or (b) may not |
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| 32 | 32 | | be released or disclosed to any person except on court order or with |
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| 33 | 33 | | the consent of the person who is the subject of the criminal history |
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| 34 | 34 | | record information. |
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| 35 | 35 | | (d) The office of the attorney general shall destroy |
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| 36 | 36 | | criminal history record information that relates to a person after |
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| 37 | 37 | | the information is used for its authorized purpose. |
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| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2009. |
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| 43 | 43 | | ______________________________ ______________________________ |
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| 44 | 44 | | President of the Senate Speaker of the House |
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| 45 | 45 | | I hereby certify that S.B. No. 1081 passed the Senate on |
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| 46 | 46 | | April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Secretary of the Senate |
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| 49 | 49 | | I hereby certify that S.B. No. 1081 passed the House on |
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| 50 | 50 | | May 26, 2009, by the following vote: Yeas 144, Nays 0, one present |
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| 51 | 51 | | not voting. |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Chief Clerk of the House |
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| 54 | 54 | | Approved: |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Date |
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| 57 | 57 | | ______________________________ |
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| 58 | 58 | | Governor |
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