Texas 2011 - 82nd Regular

Texas House Bill HB2937 Compare Versions

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1	1	By: Lewis (Senate Sponsor - Zaffirini) H.B. No. 2937
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	May 3, 2011, read first time and referred to Committee on Higher
4	4	Education; May 12, 2011, reported favorably by the following vote:
5	5	Yeas 7, Nays 0; May 12, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to access to the criminal history record information of
11	11	certain individuals by public or private institutions of higher
12	12	education and the Texas Higher Education Coordinating Board.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Section 411.094, Government Code,
15	15	is amended to read as follows:
16	16	Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD
17	17	INFORMATION: [INSTITUTION OF] HIGHER EDUCATION ENTITIES.
18	18	SECTION 2. Section 411.094(a)(2), Government Code, is
19	19	amended to read as follows:
20	20	(2) "Security-sensitive position" means an employment
21	21	position [in an institution of higher education] held by an
22	22	employee who:
23	23	(A) handles currency;
24	24	(B) has access to a computer terminal;
25	25	(C) has access to the personal information or
26	26	identifying information of another person;
27	27	(D) has access to the financial information of
28	28	the employer or another person;
29	29	(E) has access to a master key; or
30	30	(F) [(D)] works in a location designated as a
31	31	security-sensitive area.
32	32	SECTION 3. Sections 411.094(b), (c), (d), and (e),
33	33	Government Code, are amended to read as follows:
34	34	(b) The Texas Higher Education Coordinating Board and each
35	35	[An] institution of higher education are [is] entitled to obtain
36	36	from the department criminal history record information maintained
37	37	by the department that relates to a person who is an applicant for a
38	38	security-sensitive position at the coordinating board or
39	39	institution, as applicable.
40	40	(c) Criminal history record information obtained [by an
41	41	institution of higher education] under Subsection (b) may be used
42	42	only for the purpose of evaluating applicants for employment in
43	43	security-sensitive positions.
44	44	(d) Criminal history record information received [by an
45	45	institution of higher education] under Subsection (b) may not be
46	46	released or disclosed to any person except on court order or with
47	47	the consent of the person who is the subject of the criminal history
48	48	record information.
49	49	(e) All [After the expiration of the probationary term of
50	50	the individual's employment, all] criminal history record
51	51	information obtained about an individual under Subsection (b) shall
52	52	be destroyed by the coordinating board or by the chief of police of
53	53	the institution of higher education, as applicable, as soon as
54	54	practicable after the individual becomes employed in a
55	55	security-sensitive position and after the expiration of any
56	56	probationary term of employment or, if the individual is not hired
57	57	for a security-sensitive position, after the information is used
58	58	for its authorized purpose.
59	59	SECTION 4. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2011.
64	64	* * * * *