By: Nelson S.B. No. 128
(Naishtat)
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information concerning certain
applicants and clients of the Department of Assistive and
Rehabilitative Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.117, Government Code, is amended to
read as follows:
Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
[TEXAS REHABILITATION COMMISSION]. The Department of Assistive and
Rehabilitative Services [Texas Rehabilitation Commission] is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is:
(1) an applicant for [rehabilitation] services of the
Department of Assistive and Rehabilitative Services [Texas
Rehabilitation Commission];
(2) a client of the Department of Assistive and
Rehabilitative Services [Texas Rehabilitation Commission]; or
(3) an applicant for employment whose potential duties
include direct contact with clients of the Department of Assistive
and Rehabilitative Services [Texas Rehabilitation Commission].
SECTION 2. Sections 111.058 and 111.0581, Human Resources
Code, are transferred to Subchapter B, Chapter 117, Human Resources
Code, redesignated as Sections 117.033 and 117.034, respectively,
and amended to read as follows:
Sec. 117.033 [111.058]. CRIMINAL HISTORY [CONVICTION]
RECORD INFORMATION. (a) The department [commission] may obtain
criminal history [conviction] record information from the Texas
Department of Criminal Justice and from the Texas Department of
Public Safety if the criminal history [conviction] records relate
to:
(1) an applicant selected for employment with the
department [commission];
(2) an applicant for [rehabilitation] services of the
department; or
(3) a client of the department [commission].
(b) The Texas Department of Criminal Justice and the Texas
Department of Public Safety upon request shall supply to the
department [commission] criminal history [conviction] record
information relating to applicants selected for employment with the
department [commission], applicants for [rehabilitation] services
of the department, or clients of the department [commission]. The
department [commission] shall treat all criminal history
[conviction] record information as privileged and confidential and
for department [commission] use only.
Sec. 117.034 [111.0581]. CRIMINAL HISTORY RECORD
INFORMATION: APPLICANTS FOR EMPLOYMENT. [(a)] The executive
commissioner [board] by rule shall establish criteria for denying a
person's application for employment based on criminal history
record [background] information obtained pursuant to Section
411.117, Government Code.
[(b) The commission shall treat all criminal history record
information as privileged and confidential and for commission use
only.]
SECTION 3. The following provisions are repealed:
(1) Section 411.0985, Government Code; and
(2) Section 91.0165, Human Resources Code.
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, 2013.