By: A. Johnson of Harris H.B. No. 4409
A BILL TO BE ENTITLED
AN ACT
relating to the electronic delivery of records held by the Texas
Commission on Law Enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter J, Title 10, Occupations Code, is
amended by amending Section 1701.451 to read as follows:
Sec. 1701.451. PREEMPLOYMENT REQUEST FOR EMPLOYMENT
TERMINATION REPORT AND SUBMISSION OF BACKGROUND CHECK CONFIRMATION
FORM. (a) Before a law enforcement agency may hire a person
licensed under this chapter, the agency head or the agency head's
designee must:
(1) make a request to the commission for any
employment termination report and regarding the person that is
maintained by the commission under this subchapter; and
(2) submit to the commission on the form prescribed by
the commission confirmation that the agency:
(A) conducted in the manner prescribed by the
commission a criminal background check regarding the person;
(B) obtained the person's written consent on a
form prescribed by the commission for the agency to view the
person's employment records;
(C) obtained from the commission any service or
education records regarding the person maintained by the
commission; and
(D) contacted each of the person's previous law
enforcement employers.
(a-1) A law enforcement agency that obtains a consent form
described by Subsection (a)(2)(B) shall make the person's
employment records available to a hiring law enforcement agency on
request, including by secure electronic means. The receiving
agency of the employment records must maintain their
confidentiality.
(b) The commission by rule shall establish a system for
verifying an electronically submitted request required by
Subsection (a)(1).
(c) If the commission receives from a law enforcement agency
a request that complies with Subsections (a)(1) and (b), the
commission employee having the responsibility to maintain any
employment termination report regarding the person who is the
subject of the request shall release the report to the agency.
SECTION 2. This Act takes effect September 1, 2021.