1 | | - | By: Clardy (Senate Sponsor - Estes) H.B. No. 2588 |
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2 | | - | (In the Senate - Received from the House May 1, 2017; |
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3 | | - | May 12, 2017, read first time and referred to Committee on Natural |
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4 | | - | Resources & Economic Development; May 17, 2017, reported favorably |
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5 | | - | by the following vote: Yeas 11, Nays 0; May 17, 2017, sent to |
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6 | | - | printer.) |
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7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2588 |
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11 | 4 | | AN ACT |
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12 | 5 | | relating to access to criminal history record information by the |
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13 | 6 | | Railroad Commission of Texas. |
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14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 8 | | SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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16 | 9 | | amended by adding Section 411.1403 to read as follows: |
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17 | 10 | | Sec. 411.1403. ACCESS TO CRIMINAL HISTORY RECORD |
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18 | 11 | | INFORMATION: RAILROAD COMMISSION OF TEXAS. (a) The Railroad |
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19 | 12 | | Commission of Texas is entitled to obtain from the department, the |
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20 | 13 | | Federal Bureau of Investigation Criminal Justice Information |
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21 | 14 | | Services Division, or another law enforcement agency criminal |
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22 | 15 | | history record information maintained by the department, division, |
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23 | 16 | | or agency that relates to a person who is: |
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24 | 17 | | (1) an applicant for employment with, or who is or has |
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25 | 18 | | been employed by, the commission; or |
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26 | 19 | | (2) a consultant, contract employee, independent |
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27 | 20 | | contractor, intern, or volunteer for the commission or an applicant |
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28 | 21 | | to serve in one of those positions. |
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29 | 22 | | (b) Criminal history record information obtained by the |
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30 | 23 | | Railroad Commission of Texas under Subsection (a) may be used only |
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31 | 24 | | to evaluate an applicant for employment with, or a current or former |
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32 | 25 | | employee of, the commission. |
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33 | 26 | | (c) The Railroad Commission of Texas may not release or |
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34 | 27 | | disclose information obtained under Subsection (a) except on court |
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35 | 28 | | order or with the consent of the person who is the subject of the |
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36 | 29 | | criminal history record information. |
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37 | 30 | | (d) After the expiration of any probationary term of the |
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38 | 31 | | person's employment or not later than the 180th day after the date |
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39 | 32 | | of receipt of the information, whichever is later, the Railroad |
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40 | 33 | | Commission of Texas shall destroy all criminal history record |
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41 | 34 | | information obtained under Subsection (a). |
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42 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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43 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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44 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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45 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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46 | 39 | | Act takes effect September 1, 2017. |
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47 | | - | * * * * * |
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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. 2588 was passed by the House on April |
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| 43 | + | 27, 2017, by the following vote: Yeas 142, Nays 2, 3 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. 2588 was passed by the Senate on May |
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| 48 | + | 24, 2017, by the following vote: Yeas 31, Nays 0. |
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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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