By: Clardy (Senate Sponsor - Estes) H.B. No. 2588
(In the Senate - Received from the House May 1, 2017;
May 12, 2017, read first time and referred to Committee on Natural
Resources & Economic Development; May 17, 2017, reported favorably
by the following vote: Yeas 11, Nays 0; May 17, 2017, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to access to criminal history record information by the
Railroad Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1403 to read as follows:
Sec. 411.1403. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: RAILROAD COMMISSION OF TEXAS. (a) The Railroad
Commission of Texas is entitled to obtain from the department, the
Federal Bureau of Investigation Criminal Justice Information
Services Division, or another law enforcement agency criminal
history record information maintained by the department, division,
or agency that relates to a person who is:
(1) an applicant for employment with, or who is or has
been employed by, the commission; or
(2) a consultant, contract employee, independent
contractor, intern, or volunteer for the commission or an applicant
to serve in one of those positions.
(b) Criminal history record information obtained by the
Railroad Commission of Texas under Subsection (a) may be used only
to evaluate an applicant for employment with, or a current or former
employee of, the commission.
(c) The Railroad Commission of Texas may not release or
disclose information obtained under Subsection (a) except on court
order or with the consent of the person who is the subject of the
criminal history record information.
(d) After the expiration of any probationary term of the
person's employment or not later than the 180th day after the date
of receipt of the information, whichever is later, the Railroad
Commission of Texas shall destroy all criminal history record
information obtained under Subsection (a).
SECTION 2. 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, 2017.
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