S.B. No. 146
AN ACT
relating to access by a public institution of higher education to
the criminal history record information of certain persons seeking
to reside in on-campus housing.
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: HIGHER EDUCATION ENTITIES; SECURITY-SENSITIVE
POSITION.
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0945 to read as follows:
Sec. 411.0945. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: PUBLIC INSTITUTION OF HIGHER EDUCATION; ON-CAMPUS
STUDENT HOUSING. (a) In this section, "institution of higher
education" has the meaning assigned by Section 61.003, Education
Code.
(b) An institution of higher education is entitled to obtain
from the department criminal history record information maintained
by the department that relates to a student, or to an applicant for
admission as a student, who applies to reside in on-campus housing
at the institution.
(c) Criminal history record information obtained by an
institution of higher education under Subsection (b) may be used by
the chief of police of the institution or by the institution's
housing office only for the purpose of evaluating current students
or applicants for enrollment who apply to reside in on-campus
housing at the institution. The institution shall notify a student
who is the subject of the criminal history record information of any
use of the information to deny the student the opportunity to reside
in on-campus housing at the institution.
(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) As soon as practicable after the beginning of the
academic period for which the person's housing application was
submitted, all criminal history record information obtained about a
person under Subsection (b), including any copy of the content of
that information held by the institution, shall be destroyed by the
chief of police of the institution of higher education or by the
institution's housing office, as applicable.
SECTION 3. The change in law made by this Act applies only
to a person who applies to reside in on-campus housing at a public
institution of higher education for an academic period that begins
on or after the effective date of this Act.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 146 passed the Senate on
March 27, 2013, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 23, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 146 passed the House, with
amendment, on May 20, 2013, by the following vote: Yeas 132,
Nays 7, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor