| 1 | 1 | | 87R987 JCG-D |
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| 2 | 2 | | By: King of Parker H.B. No. 709 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to employment records of certain persons licensed by the |
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| 8 | 8 | | Texas Commission on Law Enforcement. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1701.451, Occupations Code, is amended |
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| 11 | 11 | | by amending Subsection (a-1) and adding Subsections (d) and (e) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a-1) A law enforcement agency that obtains a consent form |
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| 14 | 14 | | described by Subsection (a)(2)(B) shall make the person's |
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| 15 | 15 | | employment records available to a hiring law enforcement agency on |
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| 16 | 16 | | request. The commission by rule shall prescribe the manner by which |
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| 17 | 17 | | a law enforcement agency shall make a person's employment records |
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| 18 | 18 | | available to a hiring law enforcement agency. The rules must |
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| 19 | 19 | | provide appropriate security protections. |
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| 20 | 20 | | (d) A law enforcement agency that makes a person's |
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| 21 | 21 | | employment records available to a hiring law enforcement agency |
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| 22 | 22 | | under Subsection (a-1) shall provide a copy of the records to the |
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| 23 | 23 | | person. |
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| 24 | 24 | | (e) A law enforcement agency that obtains employment |
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| 25 | 25 | | records under this section may not disclose any information |
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| 26 | 26 | | contained in the records. |
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| 27 | 27 | | SECTION 2. Section 1701.456(b), Occupations Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | (b) A law enforcement agency, agency head, or other law |
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| 30 | 30 | | enforcement official is not liable for civil damages for: |
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| 31 | 31 | | (1) a report made by that agency or person if the |
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| 32 | 32 | | report is made in good faith; or |
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| 33 | 33 | | (2) making a person's employment records available to |
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| 34 | 34 | | a hiring law enforcement agency under Section 1701.451(a-1). |
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| 35 | 35 | | SECTION 3. Subchapter J, Chapter 1701, Occupations Code, is |
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| 36 | 36 | | amended by adding Section 1701.459 to read as follows: |
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| 37 | 37 | | Sec. 1701.459. CERTAIN AGREEMENTS RELATED TO EMPLOYMENT |
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| 38 | 38 | | RECORDS PROHIBITED. A person licensed under this chapter may not |
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| 39 | 39 | | enter into an agreement with a law enforcement agency employing the |
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| 40 | 40 | | person under which the agency is prohibited from making the |
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| 41 | 41 | | person's employment records available to another law enforcement |
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| 42 | 42 | | agency under Section 1701.451(a-1). |
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| 43 | 43 | | SECTION 4. (a) Not later than December 1, 2021, the Texas |
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| 44 | 44 | | Commission on Law Enforcement shall adopt rules as necessary to |
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| 45 | 45 | | comply with Section 1701.451, Occupations Code, as amended by this |
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| 46 | 46 | | Act. |
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| 47 | 47 | | (b) Section 1701.451, Occupations Code, as amended by this |
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| 48 | 48 | | Act, applies only to the hiring of a person by a law enforcement |
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| 49 | 49 | | agency that occurs on or after December 1, 2021. The hiring of a |
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| 50 | 50 | | person by a law enforcement agency that occurs before that date is |
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| 51 | 51 | | governed by the law in effect immediately before the effective date |
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| 52 | 52 | | of this Act, and the former law is continued in effect for that |
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| 53 | 53 | | purpose. |
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| 54 | 54 | | SECTION 5. This Act takes effect September 1, 2021. |
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