| 2 | | - | (In the Senate - Filed March 7, 2017; March 16, 2017, read |
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| 3 | | - | first time and referred to Committee on Criminal Justice, March 21, |
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| 4 | | - | 2017, rereferred to Committee on Natural Resources & Economic |
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| 5 | | - | Development; March 30, 2017, reported favorably by the following |
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| 6 | | - | vote: Yeas 10, Nays 0; March 30, 2017, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | 2 | | |
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| 9 | 3 | | |
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| 10 | 4 | | A BILL TO BE ENTITLED |
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| 11 | 5 | | AN ACT |
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| 12 | 6 | | relating to access to criminal history record information by the |
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| 13 | 7 | | Railroad Commission of Texas. |
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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. Subchapter F, Chapter 411, Government Code, is |
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| 16 | 10 | | amended by adding Section 411.1403 to read as follows: |
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| 17 | 11 | | Sec. 411.1403. ACCESS TO CRIMINAL HISTORY RECORD |
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| 18 | 12 | | INFORMATION: RAILROAD COMMISSION OF TEXAS. (a) The Railroad |
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| 19 | 13 | | Commission of Texas is entitled to obtain from the department, the |
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| 20 | 14 | | Federal Bureau of Investigation Criminal Justice Information |
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| 21 | 15 | | Services Division, or another law enforcement agency criminal |
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| 22 | 16 | | history record information maintained by the department, division, |
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| 23 | 17 | | or agency that relates to a person who is: |
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| 24 | 18 | | (1) an applicant for employment with, or who is or has |
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| 25 | 19 | | been employed by, the commission; or |
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| 26 | 20 | | (2) a consultant, contract employee, independent |
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| 27 | 21 | | contractor, intern, or volunteer for the commission or an applicant |
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| 28 | 22 | | to serve in one of those positions. |
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| 29 | 23 | | (b) Criminal history record information obtained by the |
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| 30 | 24 | | Railroad Commission of Texas under Subsection (a) may be used only |
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| 31 | 25 | | to evaluate an applicant for employment with, or a current or former |
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| 32 | 26 | | employee of, the commission. |
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| 33 | 27 | | (c) The Railroad Commission of Texas may not release or |
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| 34 | 28 | | disclose information obtained under Subsection (a) except on court |
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| 35 | 29 | | order or with the consent of the person who is the subject of the |
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| 36 | 30 | | criminal history record information. |
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| 37 | 31 | | (d) After the expiration of any probationary term of the |
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| 38 | 32 | | person's employment or not later than the 180th day after the date |
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| 39 | 33 | | of receipt of the information, whichever is later, the Railroad |
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| 40 | 34 | | Commission of Texas shall destroy all criminal history record |
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| 41 | 35 | | information obtained under Subsection (a). |
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| 42 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 40 | | Act takes effect September 1, 2017. |
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