| 1 | 1 | | By: Williams S.B. No. 568 |
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| 2 | 2 | | (Lewis) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access by a public institution of higher education to |
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| 8 | 8 | | the criminal history record information of certain persons seeking |
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| 9 | 9 | | to reside in on-campus housing. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 411.094, Government Code, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD |
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| 14 | 14 | | INFORMATION: PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; |
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| 15 | 15 | | SECURITY-SENSITIVE POSITION. |
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| 16 | 16 | | SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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| 17 | 17 | | amended by adding Section 411.0945 to read as follows: |
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| 18 | 18 | | Sec. 411.0945. ACCESS TO CRIMINAL HISTORY RECORD |
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| 19 | 19 | | INFORMATION: PUBLIC INSTITUTION OF HIGHER EDUCATION; ON-CAMPUS |
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| 20 | 20 | | STUDENT HOUSING. (a) In this section, "institution of higher |
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| 21 | 21 | | education" has the meaning assigned by Section 61.003, Education |
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| 22 | 22 | | Code. |
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| 23 | 23 | | (b) An institution of higher education is entitled to obtain |
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| 24 | 24 | | from the department criminal history record information maintained |
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| 25 | 25 | | by the department that relates to a student, or to an applicant for |
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| 26 | 26 | | admission as a student, who applies to reside in on-campus housing |
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| 27 | 27 | | at the institution. |
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| 28 | 28 | | (c) Criminal history record information obtained by an |
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| 29 | 29 | | institution of higher education under Subsection (b) may be used by |
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| 30 | 30 | | the chief of police of the institution or by the institution's |
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| 31 | 31 | | housing office only for the purpose of evaluating current students |
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| 32 | 32 | | or applicants for enrollment who apply to reside in on-campus |
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| 33 | 33 | | housing at the institution. |
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| 34 | 34 | | (d) Criminal history record information received by an |
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| 35 | 35 | | institution of higher education under Subsection (b) may not be |
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| 36 | 36 | | released or disclosed to any person except on court order or with |
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| 37 | 37 | | the consent of the person who is the subject of the criminal history |
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| 38 | 38 | | record information. |
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| 39 | 39 | | (e) As soon as practicable after the beginning of the |
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| 40 | 40 | | academic period for which the person's housing application was |
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| 41 | 41 | | submitted, all criminal history record information obtained about a |
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| 42 | 42 | | person under Subsection (b) shall be destroyed by the chief of |
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| 43 | 43 | | police of the institution or by the institution's housing office, |
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| 44 | 44 | | as applicable. |
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| 45 | 45 | | SECTION 3. The change in law made by this Act applies only |
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| 46 | 46 | | to a person who applies to reside in on-campus housing at a public |
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| 47 | 47 | | institution of higher education for an academic period that begins |
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| 48 | 48 | | on or after the effective date of this Act. |
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| 49 | 49 | | SECTION 4. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2011. |
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