| 1 | 1 | | 88R9566 ANG-D |
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| 2 | 2 | | By: Guillen H.B. No. 2609 |
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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 access to criminal history record information by the |
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| 8 | 8 | | Public Utility Commission of Texas. |
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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. Subchapter F, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.14031 to read as follows: |
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| 12 | 12 | | Sec. 411.14031. ACCESS TO CRIMINAL HISTORY RECORD |
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| 13 | 13 | | INFORMATION: PUBLIC UTILITY COMMISSION OF TEXAS. (a) The Public |
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| 14 | 14 | | Utility Commission of Texas is entitled to obtain from the |
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| 15 | 15 | | department criminal history record information maintained by the |
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| 16 | 16 | | department that relates to a person required to undergo a criminal |
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| 17 | 17 | | history background check under Section 12.107, Utilities Code. |
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| 18 | 18 | | (b) Criminal history record information obtained under |
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| 19 | 19 | | Subsection (a): |
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| 20 | 20 | | (1) is for the exclusive use of the Public Utility |
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| 21 | 21 | | Commission of Texas and is privileged and confidential; and |
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| 22 | 22 | | (2) may not be released or disclosed to any person or |
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| 23 | 23 | | agency except on court order or with the consent of the person who |
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| 24 | 24 | | is the subject of the information. |
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| 25 | 25 | | (c) The Public Utility Commission of Texas may destroy |
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| 26 | 26 | | criminal history record information obtained under Subsection (a) |
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| 27 | 27 | | after the information is used for the purposes authorized by this |
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| 28 | 28 | | section. |
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| 29 | 29 | | (d) This section does not prohibit the Public Utility |
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| 30 | 30 | | Commission of Texas from obtaining and using criminal history |
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| 31 | 31 | | record information as provided by other law. |
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| 32 | 32 | | SECTION 2. Subchapter C, Chapter 12, Utilities Code, is |
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| 33 | 33 | | amended by adding Section 12.107 to read as follows: |
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| 34 | 34 | | Sec. 12.107. REQUIRED CRIMINAL HISTORY CHECKS FOR |
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| 35 | 35 | | EMPLOYEES. (a) The commission shall perform a state and federal |
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| 36 | 36 | | criminal history background check on a person who is: |
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| 37 | 37 | | (1) an applicant for employment with the agency; or |
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| 38 | 38 | | (2) an employee of the agency. |
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| 39 | 39 | | (b) The commission shall require a person described by |
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| 40 | 40 | | Subsection (a) to submit fingerprints in a form and of a quality |
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| 41 | 41 | | acceptable to the Department of Public Safety and the Federal |
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| 42 | 42 | | Bureau of Investigation for use in conducting a criminal history |
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| 43 | 43 | | background check. |
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| 44 | 44 | | (c) The commission shall obtain electronic updates from the |
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| 45 | 45 | | Department of Public Safety of arrests and convictions of a person: |
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| 46 | 46 | | (1) for whom the commission performs a background |
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| 47 | 47 | | check under Subsection (a); and |
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| 48 | 48 | | (2) who remains an employee of the commission. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
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