Bill Text: TX SB568 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to access by a public institution of higher education to the criminal history record information of certain persons seeking to reside in on-campus housing.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-19 - Committee report sent to Calendars [SB568 Detail]
Download: Texas-2011-SB568-Engrossed.html
By: Williams | S.B. No. 568 |
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relating to access by a public institution of higher education to | ||
the criminal history record information of certain persons seeking | ||
to reside in on-campus housing. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 411.094, Government Code, | ||
is amended to read as follows: | ||
Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; | ||
SECURITY-SENSITIVE POSITION. | ||
SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.0945 to read as follows: | ||
Sec. 411.0945. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: PUBLIC INSTITUTION OF HIGHER EDUCATION; ON-CAMPUS | ||
STUDENT HOUSING. (a) In this section, "institution of higher | ||
education" has the meaning assigned by Section 61.003, Education | ||
Code. | ||
(b) An institution of higher education is entitled to obtain | ||
from the department criminal history record information maintained | ||
by the department that relates to a student, or to an applicant for | ||
admission as a student, who applies to reside in on-campus housing | ||
at the institution. | ||
(c) Criminal history record information obtained by an | ||
institution of higher education under Subsection (b) may be used by | ||
the chief of police of the institution or by the institution's | ||
housing office only for the purpose of evaluating current students | ||
or applicants for enrollment who apply to reside in on-campus | ||
housing at the institution. | ||
(d) Criminal history record information received by an | ||
institution of higher education under Subsection (b) may not be | ||
released or disclosed to any person except on court order or with | ||
the consent of the person who is the subject of the criminal history | ||
record information. | ||
(e) As soon as practicable after the beginning of the | ||
academic period for which the person's housing application was | ||
submitted, all criminal history record information obtained about a | ||
person under Subsection (b) shall be destroyed by the chief of | ||
police of the institution or by the institution's housing office, | ||
as applicable. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a person who applies to reside in on-campus housing at a public | ||
institution of higher education for an academic period that begins | ||
on or after the effective date of this Act. | ||
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, 2011. |