| 1 | 1 | | By: A. Johnson of Harris H.B. No. 4409 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the electronic delivery of records held by the Texas |
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| 7 | 7 | | Commission on Law Enforcement. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter J, Title 10, Occupations Code, is |
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| 10 | 10 | | amended by amending Section 1701.451 to read as follows: |
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| 11 | 11 | | Sec. 1701.451. PREEMPLOYMENT REQUEST FOR EMPLOYMENT |
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| 12 | 12 | | TERMINATION REPORT AND SUBMISSION OF BACKGROUND CHECK CONFIRMATION |
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| 13 | 13 | | FORM. (a) Before a law enforcement agency may hire a person |
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| 14 | 14 | | licensed under this chapter, the agency head or the agency head's |
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| 15 | 15 | | designee must: |
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| 16 | 16 | | (1) make a request to the commission for any |
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| 17 | 17 | | employment termination report and regarding the person that is |
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| 18 | 18 | | maintained by the commission under this subchapter; and |
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| 19 | 19 | | (2) submit to the commission on the form prescribed by |
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| 20 | 20 | | the commission confirmation that the agency: |
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| 21 | 21 | | (A) conducted in the manner prescribed by the |
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| 22 | 22 | | commission a criminal background check regarding the person; |
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| 23 | 23 | | (B) obtained the person's written consent on a |
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| 24 | 24 | | form prescribed by the commission for the agency to view the |
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| 25 | 25 | | person's employment records; |
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| 26 | 26 | | (C) obtained from the commission any service or |
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| 27 | 27 | | education records regarding the person maintained by the |
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| 28 | 28 | | commission; and |
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| 29 | 29 | | (D) contacted each of the person's previous law |
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| 30 | 30 | | enforcement employers. |
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| 31 | 31 | | (a-1) A law enforcement agency that obtains a consent form |
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| 32 | 32 | | described by Subsection (a)(2)(B) shall make the person's |
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| 33 | 33 | | employment records available to a hiring law enforcement agency on |
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| 34 | 34 | | request, including by secure electronic means. The receiving |
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| 35 | 35 | | agency of the employment records must maintain their |
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| 36 | 36 | | confidentiality. |
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| 37 | 37 | | (b) The commission by rule shall establish a system for |
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| 38 | 38 | | verifying an electronically submitted request required by |
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| 39 | 39 | | Subsection (a)(1). |
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| 40 | 40 | | (c) If the commission receives from a law enforcement agency |
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| 41 | 41 | | a request that complies with Subsections (a)(1) and (b), the |
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| 42 | 42 | | commission employee having the responsibility to maintain any |
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| 43 | 43 | | employment termination report regarding the person who is the |
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| 44 | 44 | | subject of the request shall release the report to the agency. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2021. |
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