| 1 | 1 | | 89R9646 SCR-D |
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| 2 | 2 | | By: Blanco S.B. No. 2698 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to access to and use of criminal history record |
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| 10 | 10 | | information by the Public Utility Commission of Texas. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 411.14031, Government Code, is amended |
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| 13 | 13 | | by amending Subsections (a), (b), and (c) and adding Subsections |
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| 14 | 14 | | (a-1) and (b-1) to read as follows: |
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| 15 | 15 | | (a) The Public Utility Commission of Texas is entitled to |
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| 16 | 16 | | obtain as provided by Subsection (a-1) [from the department] |
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| 17 | 17 | | criminal history record information [maintained by the department] |
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| 18 | 18 | | that relates to: |
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| 19 | 19 | | (1) an applicant for employment with the commission; |
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| 20 | 20 | | (2) an employee of the commission who is granted |
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| 21 | 21 | | access to: |
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| 22 | 22 | | (A) the records of an independent organization |
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| 23 | 23 | | certified by the Public Utility Commission of Texas under Section |
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| 24 | 24 | | 39.151, Utilities Code; or |
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| 25 | 25 | | (B) critical infrastructure information that is |
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| 26 | 26 | | confidential under state or federal law; or |
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| 27 | 27 | | (3) a person who enters into a contract with the |
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| 28 | 28 | | commission and is granted under that contract access to information |
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| 29 | 29 | | in the commission's records that is confidential under state or |
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| 30 | 30 | | federal law [a person undergoing a background and criminal history |
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| 31 | 31 | | check under Section 12.107, Utilities Code]. |
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| 32 | 32 | | (a-1) Subject to Section 411.087 and consistent with the |
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| 33 | 33 | | public policy of this state, the Public Utility Commission of Texas |
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| 34 | 34 | | is entitled to: |
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| 35 | 35 | | (1) obtain through the Federal Bureau of Investigation |
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| 36 | 36 | | criminal history record information maintained or indexed by that |
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| 37 | 37 | | bureau that pertains to a person described by Subsection (a); and |
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| 38 | 38 | | (2) obtain from the department or any other criminal |
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| 39 | 39 | | justice agency in this state criminal history record information |
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| 40 | 40 | | maintained by the department or that criminal justice agency that |
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| 41 | 41 | | relates to a person described by Subsection (a). |
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| 42 | 42 | | (b) Criminal history record information obtained under |
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| 43 | 43 | | Subsection (a-1) [(a): |
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| 44 | 44 | | [(1)] is for the exclusive use of the Public Utility |
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| 45 | 45 | | Commission of Texas and is privileged and confidential. |
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| 46 | 46 | | (b-1) The Public Utility Commission of Texas may not release |
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| 47 | 47 | | or disclose to any person criminal history record information |
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| 48 | 48 | | obtained from the Federal Bureau of Investigation under Subsection |
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| 49 | 49 | | (a-1)(1). Criminal history record information obtained by the |
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| 50 | 50 | | Public Utility Commission of Texas under Subsection (a-1)(2)[; and |
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| 51 | 51 | | [(2)] may not be released or disclosed to any person or |
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| 52 | 52 | | agency except on court order or with the consent of the person who |
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| 53 | 53 | | is the subject of the information. |
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| 54 | 54 | | (c) The Public Utility Commission of Texas shall [may] |
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| 55 | 55 | | destroy criminal history record information obtained under this |
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| 56 | 56 | | section [Subsection (a)] after the information is used for the |
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| 57 | 57 | | purpose authorized by this section. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2025. |
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