Texas HB 8: Relating to access by a hiring law enforcement agency to an applicant's employment records.

Bill Text

By:AAPacheco, White, Dean, Guillen, Collier, H.B.ANo.A8
AAAAAet al.
A BILL TO BE ENTITLED
AN ACT
relating to access by a hiring law enforcement agency to an
applicant’s employment records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 1701.451, Occupations Code, is amended
by amending Subsection (a-1) and adding Subsections (d) and (e) to
read as follows:
(a-1)AAA law enforcement agency that obtains a consent form
described by Subsection (a)(2)(B) shall make an electronic copy of
the person’s employment records available to a hiring law
enforcement agency on request. The commission by rule shall
prescribe the manner by which a law enforcement agency shall make a
person’s employment records electronically available to a hiring
law enforcement agency. The rules must provide appropriate privacy
and security protections.
(d)AAA law enforcement agency that makes a person’s
employment records available to a hiring law enforcement agency
under Subsection (a-1) shall provide a copy of the records to the
person.
(e)AAA law enforcement agency that obtains employment
records under this section may not disclose any information
contained in the records.
SECTIONA2.AASection 1701.456(b), Occupations Code, is
amended to read as follows:
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(b)AAA law enforcement agency, agency head, or other law
enforcement official is not liable for civil damages for:
(1)AAa report made by that agency or person if the
report is made in good faith; or
(2)AAmaking a person’s employment records available to
a hiring law enforcement agency under Section 1701.451(a-1).
SECTIONA3.AASubchapter J, Chapter 1701, Occupations Code, is
amended by adding Section 1701.459 to read as follows:
Sec.A1701.459.AACERTAIN AGREEMENTS RELATED TO EMPLOYMENT
RECORDS PROHIBITED. A person licensed under this chapter may not
enter into an agreement with a law enforcement agency employing the
person under which the agency is prohibited from making the
person’s employment records available to another law enforcement
agency under Section 1701.451(a-1).
SECTIONA4.AA(a) Not later than December 1, 2021, the Texas
Commission on Law Enforcement shall adopt rules as necessary to
comply with Section 1701.451, Occupations Code, as amended by this
Act.
(b)AASection 1701.451, Occupations Code, as amended by this
Act, applies only to the hiring of a person by a law enforcement
agency that occurs on or after December 1, 2021. The hiring of a
person by a law enforcement agency that occurs before that date is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTIONA5.AAThis Act takes effect September 1, 2021.
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H.B.ANo.A8
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