S.B. No. 1081
AN ACT
relating to access to criminal history record information by the
office of the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1271 to read as follows:
Sec. 411.1271. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: OFFICE OF THE ATTORNEY GENERAL. (a) The office of
the attorney general is entitled to obtain from the Department of
Public Safety, the Federal Bureau of Investigation identification
division, or another law enforcement agency criminal history record
information maintained by the department or agency that relates to
a person who is an applicant for a position of employment with the
office of the attorney general or an applicant to serve as a
consultant, intern, or volunteer for the office.
(b) The office of the attorney general is entitled to obtain
from the Department of Public Safety, the Federal Bureau of
Investigation identification division, or another law enforcement
agency criminal history record information maintained by the
department or agency that relates to a person who proposes to enter
into a contract with or who has a contract with the office of the
attorney general to supply goods or services to the office of the
attorney general. The authorization under this subsection to
obtain criminal history record information about a person includes
information relating to an employee or subcontractor of the person
or an employee of the person's subcontractor.
(c) Criminal history record information obtained by the
office of the attorney general under Subsection (a) or (b) may not
be released or disclosed to any person except on court order or with
the consent of the person who is the subject of the criminal history
record information.
(d) The office of the attorney general shall destroy
criminal history record information that relates to a person after
the information is used for its authorized purpose.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1081 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1081 passed the House on
May 26, 2009, by the following vote: Yeas 144, Nays 0, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor