| 1 | | - | By: Phillips (Senate Sponsor - Burton) H.B. No. 2828 |
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| 2 | | - | (In the Senate - Received from the House April 27, 2015; |
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| 3 | | - | May 6, 2015, read first time and referred to Committee on Criminal |
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| 4 | | - | Justice; May 21, 2015, reported favorably by the following vote: |
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| 5 | | - | Yeas 7, Nays 0; May 21, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2828 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to the authority of a municipality or county to obtain |
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| 12 | 6 | | criminal history record information for certain persons, including |
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| 13 | 7 | | employees, independent contractors, and volunteers. |
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| 14 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 9 | | SECTION 1. Section 411.129, Government Code, is amended by |
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| 16 | 10 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 17 | 11 | | follows: |
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| 18 | 12 | | (a) Except as provided by Subsection (b), a municipality is |
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| 19 | 13 | | entitled to obtain from the department criminal history record |
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| 20 | 14 | | information maintained by the department that relates to a person |
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| 21 | 15 | | who is: |
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| 22 | 16 | | (1) an applicant for employment by the municipality; |
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| 23 | 17 | | (2) an employee of the municipality; |
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| 24 | 18 | | (3) an applicant for employment by or an employee of a |
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| 25 | 19 | | business or person that contracts with the municipality; |
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| 26 | 20 | | (4) a volunteer with the municipality; or |
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| 27 | 21 | | (5) an applicant for a volunteer position with the |
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| 28 | 22 | | municipality. |
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| 29 | 23 | | (a-1) The [Not later than September 1, 2000, the] department |
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| 30 | 24 | | shall make available through electronic means the information |
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| 31 | 25 | | available to municipalities under this section. |
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| 32 | 26 | | SECTION 2. Section 411.1295(a), Government Code, is amended |
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| 33 | 27 | | to read as follows: |
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| 34 | 28 | | (a) Except as provided by Subsection (b), a county is |
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| 35 | 29 | | entitled to obtain from the department criminal history record |
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| 36 | 30 | | information maintained by the department that relates to a person |
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| 37 | 31 | | who is: |
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| 38 | 32 | | (1) an applicant for employment by the county; |
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| 39 | 33 | | (2) an employee of the county; |
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| 40 | 34 | | (3) an applicant for employment by or an employee of a |
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| 41 | 35 | | business or person that contracts with the county; |
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| 42 | 36 | | (4) a volunteer with the county; or |
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| 43 | 37 | | (5) an applicant for a volunteer position with the |
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| 44 | 38 | | county. |
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| 45 | 39 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 46 | | - | * * * * * |
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| 40 | + | ______________________________ ______________________________ |
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| 41 | + | President of the Senate Speaker of the House |
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| 42 | + | I certify that H.B. No. 2828 was passed by the House on April |
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| 43 | + | 23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not |
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| 44 | + | voting. |
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| 45 | + | ______________________________ |
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| 46 | + | Chief Clerk of the House |
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| 47 | + | I certify that H.B. No. 2828 was passed by the Senate on May |
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| 48 | + | 26, 2015, by the following vote: Yeas 30, Nays 1. |
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| 49 | + | ______________________________ |
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| 50 | + | Secretary of the Senate |
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| 51 | + | APPROVED: _____________________ |
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| 52 | + | Date |
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| 53 | + | _____________________ |
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| 54 | + | Governor |
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