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AN ACT
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relating to access by a public institution of higher education to |
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the criminal history record information of certain persons seeking |
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to reside in on-campus housing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 411.094, Government Code, |
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is amended to read as follows: |
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Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: HIGHER EDUCATION ENTITIES; SECURITY-SENSITIVE |
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POSITION. |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.0945 to read as follows: |
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Sec. 411.0945. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: PUBLIC INSTITUTION OF HIGHER EDUCATION; ON-CAMPUS |
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STUDENT HOUSING. (a) In this section, "institution of higher |
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education" has the meaning assigned by Section 61.003, Education |
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Code. |
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(b) An institution of higher education is entitled to obtain |
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from the department criminal history record information maintained |
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by the department that relates to a student, or to an applicant for |
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admission as a student, who applies to reside in on-campus housing |
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at the institution. |
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(c) Criminal history record information obtained by an |
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institution of higher education under Subsection (b) may be used by |
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the chief of police of the institution or by the institution's |
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housing office only for the purpose of evaluating current students |
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or applicants for enrollment who apply to reside in on-campus |
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housing at the institution. The institution shall notify a student |
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who is the subject of the criminal history record information of any |
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use of the information to deny the student the opportunity to reside |
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in on-campus housing at the institution. |
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(d) Criminal history record information received by an |
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institution of higher education under Subsection (b) may not be |
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released or disclosed to any person except on court order or with |
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the consent of the person who is the subject of the criminal history |
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record information. |
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(e) As soon as practicable after the beginning of the |
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academic period for which the person's housing application was |
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submitted, all criminal history record information obtained about a |
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person under Subsection (b), including any copy of the content of |
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that information held by the institution, shall be destroyed by the |
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chief of police of the institution of higher education or by the |
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institution's housing office, as applicable. |
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SECTION 3. The change in law made by this Act applies only |
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to a person who applies to reside in on-campus housing at a public |
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institution of higher education for an academic period that begins |
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on or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 146 passed the Senate on |
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March 27, 2013, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 146 passed the House, with |
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amendment, on May 20, 2013, by the following vote: Yeas 132, |
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Nays 7, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |