H.B. No. 2937
AN ACT
relating to access to the criminal history record information of
certain individuals by public or private institutions of higher
education and the Texas Higher Education Coordinating Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 411.094, Government Code,
is amended to read as follows:
Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: [INSTITUTION OF] HIGHER EDUCATION ENTITIES.
SECTION 2. Section 411.094(a)(2), Government Code, is
amended to read as follows:
(2) "Security-sensitive position" means an employment
position [in an institution of higher education] held by an
employee who:
(A) handles currency;
(B) has access to a computer terminal;
(C) has access to the personal information or
identifying information of another person;
(D) has access to the financial information of
the employer or another person;
(E) has access to a master key; or
(F) [(D)] works in a location designated as a
security-sensitive area.
SECTION 3. Sections 411.094(b), (c), (d), and (e),
Government Code, are amended to read as follows:
(b) The Texas Higher Education Coordinating Board and each
[An] institution of higher education are [is] entitled to obtain
from the department criminal history record information maintained
by the department that relates to a person who is an applicant for a
security-sensitive position at the coordinating board or
institution, as applicable.
(c) Criminal history record information obtained [by an
institution of higher education] under Subsection (b) may be used
only for the purpose of evaluating applicants for employment in
security-sensitive positions.
(d) Criminal history record information received [by an
institution of higher education] under Subsection (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.
(e) All [After the expiration of the probationary term of
the individual's employment, all] criminal history record
information obtained about an individual under Subsection (b) shall
be destroyed by the coordinating board or by the chief of police of
the institution of higher education, as applicable, as soon as
practicable after the individual becomes employed in a
security-sensitive position and after the expiration of any
probationary term of employment or, if the individual is not hired
for a security-sensitive position, after the information is used
for its authorized purpose.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2937 was passed by the House on April
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2937 was passed by the Senate on May
19, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor