82R7220 AJZ-F
By: Gonzalez H.B. No. 2738
A BILL TO BE ENTITLED
AN ACT
relating to criminal history background checks performed in
relation to the occupancy or use of a public housing unit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081(i), Government Code, as amended
by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. 1599), and
1027 (H.B. 4343), Acts of the 81st Legislature, Regular Session,
2009, is reenacted and amended to read as follows:
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) to the following noncriminal justice agencies
or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Youth Commission;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district;
(18) the Texas Juvenile Probation Commission;
(19) the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, or the
credit union commissioner;
(20) the Texas State Board of Public Accountancy;
(21) the Texas Department of Licensing and Regulation;
(22) the Health and Human Services Commission;
(23) the Department of Aging and Disability Services;
(24) the Texas Education Agency; [and]
(25) the Guardianship Certification Board; [and]
(26) a county clerk's office in relation to a
proceeding for the appointment of a guardian under Chapter XIII,
Texas Probate Code;
(27) [(25)] the Department of Information Resources
but only regarding an employee, applicant for employment,
contractor, subcontractor, intern, or volunteer who provides
network security services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(28) [(25)] the Court Reporters Certification Board;
[and]
(29) [(25)] the Texas Department of Insurance; and
(30) a housing authority, as defined by Section
392.002, Local Government Code.
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1175 to read as follows:
Sec. 411.1175. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HOUSING AUTHORITY. (a) In this section:
(1) "Authority," "housing authority," and "housing
project" have the meanings assigned by Section 392.002, Local
Government Code.
(2) "Covered person" has the meaning assigned by 24
C.F.R. Section 5.100.
(b) A housing authority is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person who is:
(1) a tenant of a housing project of the authority;
(2) an applicant for housing in a housing project of
the authority; or
(3) a covered person with respect to housing in a
housing project of the authority.
(c) Criminal history record information obtained under
Subsection (b) may be released or disclosed to the person who is the
subject of the information or as required by 24 C.F.R. Section
966.4(l)(5)(iv), 24 C.F.R. Section 982.553(d), or other applicable
federal law.
SECTION 3. To the extent of any conflict, this Act prevails
over another Act of the 82nd Legislature, Regular Session, 2011,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. 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, 2011.