88R2622 EAS-D
By: Howard H.B. No. 1021
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information obtained by certain
facilities and private agencies on behalf of facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1387(b-1), Government Code, is
amended to read as follows:
(b-1) A facility or a private agency on behalf of a
facility:
(1) shall [is entitled to] obtain from the department
criminal history record information maintained by the department or
an equivalent or enhanced background check that relates to a person
who is[:
[(1)] an applicant for employment with, an employee
of, or a volunteer with the facility; and
(2) is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person who is:
(A) an applicant for employment with or an
employee of a person or business that contracts with the facility;
or
(B) [(3)] a student enrolled in an educational
program or course of study who is at the facility for educational
purposes.
SECTION 2. Section 250.002(a-1), Health and Safety Code, is
amended to read as follows:
(a-1) A facility or a private agency on behalf of a
facility:
(1) shall [is entitled to] obtain from the Department
of Public Safety of the State of Texas criminal history record
information maintained by the Department of Public Safety or an
equivalent or enhanced background check that relates to a person
who is[:
[(1)] an applicant for employment with, an employee
of, or a volunteer with the facility; and
(2) is entitled to obtain from the Department of
Public Safety criminal history record information maintained by the
Department of Public Safety that relates to a person who is:
(A) an applicant for employment with or an
employee of a person or business that contracts with the facility;
(B) [(3)] an applicant for employment by or an
employee of an individual employer; or
(C) [(4)] a student enrolled in an educational
program or course of study who is at the facility for educational
purposes.
SECTION 3. Section 411.1387(b-1), Government Code, and
Section 250.002(a-1), Health and Safety Code, as amended by this
Act, apply only to criminal history record information obtained on
or after the effective date of this Act. Criminal history record
information obtained before the effective date of this Act is
governed by the law in effect when the criminal history record
information was obtained, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2023.