S.B. No. 128
 
 
 
 
AN ACT
  relating to criminal history record information concerning certain
  applicants and clients of the Department of Assistive and
  Rehabilitative Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.117, Government Code, is amended to
  read as follows:
         Sec. 411.117.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
  [TEXAS REHABILITATION COMMISSION].  The Department of Assistive and
  Rehabilitative Services [Texas Rehabilitation Commission] is
  entitled to obtain from the department criminal history record
  information maintained by the department that relates to a person
  who is:
               (1)  an applicant for [rehabilitation] services of the
  Department of Assistive and Rehabilitative Services [Texas
  Rehabilitation Commission];
               (2)  a client of the Department of Assistive and
  Rehabilitative Services [Texas Rehabilitation Commission]; or
               (3)  an applicant for employment whose potential duties
  include direct contact with clients of the Department of Assistive
  and Rehabilitative Services [Texas Rehabilitation Commission].
         SECTION 2.  Sections 111.058 and 111.0581, Human Resources
  Code, are transferred to Subchapter B, Chapter 117, Human Resources
  Code, redesignated as Sections 117.033 and 117.034, respectively,
  and amended to read as follows:
         Sec. 117.033  [111.058].  CRIMINAL HISTORY [CONVICTION]
  RECORD INFORMATION. (a) The department [commission] may obtain
  criminal history [conviction] record information from the Texas
  Department of Criminal Justice and from the Texas Department of
  Public Safety if the criminal history [conviction] records relate
  to:
               (1)  an applicant selected for employment with the
  department [commission];
               (2)  an applicant for [rehabilitation] services of the
  department; or
               (3)  a client of the department [commission].
         (b)  The Texas Department of Criminal Justice and the Texas
  Department of Public Safety upon request shall supply to the
  department [commission] criminal history [conviction] record
  information relating to applicants selected for employment with the
  department [commission], applicants for [rehabilitation] services
  of the department, or clients of the department [commission].  The
  department [commission] shall treat all criminal history 
  [conviction] record information as privileged and confidential and
  for department [commission] use only.
         Sec. 117.034  [111.0581].  CRIMINAL HISTORY RECORD
  INFORMATION:  APPLICANTS FOR EMPLOYMENT. [(a)] The executive
  commissioner [board] by rule shall establish criteria for denying a
  person's application for employment based on criminal history
  record [background] information obtained pursuant to Section
  411.117, Government Code.
         [(b)     The commission shall treat all criminal history record
  information as privileged and confidential and for commission use
  only.]
         SECTION 3.  The following provisions are repealed:
               (1)  Section 411.0985, Government Code; and
               (2)  Section 91.0165, Human Resources Code.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 128 passed the Senate on
  March 13, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 128 passed the House on
  May 17, 2013, by the following vote:  Yeas 134, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor