| 1 | 1 | | 88R2622 EAS-D |
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| 2 | 2 | | By: Howard H.B. No. 1021 |
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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 criminal history record information obtained by certain |
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| 8 | 8 | | facilities and private agencies on behalf of facilities. |
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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 411.1387(b-1), Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b-1) A facility or a private agency on behalf of a |
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| 13 | 13 | | facility: |
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| 14 | 14 | | (1) shall [is entitled to] obtain from the department |
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| 15 | 15 | | criminal history record information maintained by the department or |
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| 16 | 16 | | an equivalent or enhanced background check that relates to a person |
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| 17 | 17 | | who is[: |
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| 18 | 18 | | [(1)] an applicant for employment with, an employee |
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| 19 | 19 | | of, or a volunteer with the facility; and |
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| 20 | 20 | | (2) is entitled to obtain from the department criminal |
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| 21 | 21 | | history record information maintained by the department that |
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| 22 | 22 | | relates to a person who is: |
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| 23 | 23 | | (A) an applicant for employment with or an |
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| 24 | 24 | | employee of a person or business that contracts with the facility; |
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| 25 | 25 | | or |
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| 26 | 26 | | (B) [(3)] a student enrolled in an educational |
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| 27 | 27 | | program or course of study who is at the facility for educational |
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| 28 | 28 | | purposes. |
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| 29 | 29 | | SECTION 2. Section 250.002(a-1), Health and Safety Code, is |
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| 30 | 30 | | amended to read as follows: |
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| 31 | 31 | | (a-1) A facility or a private agency on behalf of a |
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| 32 | 32 | | facility: |
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| 33 | 33 | | (1) shall [is entitled to] obtain from the Department |
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| 34 | 34 | | of Public Safety of the State of Texas criminal history record |
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| 35 | 35 | | information maintained by the Department of Public Safety or an |
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| 36 | 36 | | equivalent or enhanced background check that relates to a person |
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| 37 | 37 | | who is[: |
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| 38 | 38 | | [(1)] an applicant for employment with, an employee |
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| 39 | 39 | | of, or a volunteer with the facility; and |
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| 40 | 40 | | (2) is entitled to obtain from the Department of |
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| 41 | 41 | | Public Safety criminal history record information maintained by the |
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| 42 | 42 | | Department of Public Safety that relates to a person who is: |
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| 43 | 43 | | (A) an applicant for employment with or an |
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| 44 | 44 | | employee of a person or business that contracts with the facility; |
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| 45 | 45 | | (B) [(3)] an applicant for employment by or an |
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| 46 | 46 | | employee of an individual employer; or |
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| 47 | 47 | | (C) [(4)] a student enrolled in an educational |
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| 48 | 48 | | program or course of study who is at the facility for educational |
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| 49 | 49 | | purposes. |
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| 50 | 50 | | SECTION 3. Section 411.1387(b-1), Government Code, and |
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| 51 | 51 | | Section 250.002(a-1), Health and Safety Code, as amended by this |
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| 52 | 52 | | Act, apply only to criminal history record information obtained on |
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| 53 | 53 | | or after the effective date of this Act. Criminal history record |
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| 54 | 54 | | information obtained before the effective date of this Act is |
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| 55 | 55 | | governed by the law in effect when the criminal history record |
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| 56 | 56 | | information was obtained, and the former law is continued in effect |
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| 57 | 57 | | for that purpose. |
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| 58 | 58 | | SECTION 4. This Act takes effect September 1, 2023. |
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