CHAPTER 765. CRIMINAL HISTORY RECORD INFORMATION CHECKS OF EMPLOYEES OF RESIDENTIAL DWELLING PROJECTS
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 765. CRIMINAL HISTORY RECORD INFORMATION CHECKS OF
EMPLOYEES OF RESIDENTIAL DWELLING PROJECTS
Sec. 765.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public Safety.
(2) "Dwelling" means one or more rooms rented for residential
purposes to one or more tenants.
(3) "Employer" means a person who employs employees to work at a
residential dwelling project.
(4) "Employee" means an individual who performs services for
compensation at a residential dwelling project and who is
employed by the entity that owns the project or represents the
owner in managing or leasing dwellings in the project. The term
does not include an independent contractor.
(5) "Occupant" means an individual who resides in a dwelling in
a residential dwelling project, other than:
(A) a tenant of the dwelling; or
(B) the owner or manager of the dwelling.
(6) "Residential dwelling project" means a house, condominium,
apartment building, duplex, or similar facility that is used as a
dwelling or a facility that provides lodging to guests for
compensation including a hotel, motel, inn, bed and breakfast
facility, or similar facility. The term does not include a
nursing home or other related institution regulated under Chapter
242.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff.
Sept. 1, 1993. Renumbered from Human Resources Code Sec. 135.001
and amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept.
1, 1997.
Sec. 765.002. APPLICATION OF CHAPTER; EXCEPTION. (a) This
chapter applies to each applicant for a position of employment in
a residential dwelling project to whom an offer of employment is
made and who, in the course and scope of the employment, may be
reasonably required to have access to a dwelling in the
residential dwelling project.
(b) This chapter does not apply to a person employed by an
occupant or tenant of a dwelling in a residential dwelling
project.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff.
Sept. 1, 1993. Renumbered from Human Resources Code Sec. 135.002
and amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept.
1, 1997.
Sec. 765.003. VERIFICATION OF CRIMINAL HISTORY RECORD
INFORMATION. (a) An employer may request an applicant to
disclose to the employer the applicant's criminal history at any
time before or after an offer of employment is made to the
applicant. After an offer of employment is made, the employer may
verify through the department any criminal history record
information that is maintained by the department relating to that
applicant and that the department is authorized to release under
Chapter 411, Government Code. The employer may verify the
information only with the authorization of the applicant and in
compliance with this section.
(b) The department may adopt rules or apply rules adopted under
Section 411.086, Government Code, regarding the method of
requesting information under this chapter.
(c) The department may adopt rules relating to an employer's
access to criminal history record information, including
requirements for submission of:
(1) the employer's complete name, current street address, and
federal employer identification number;
(2) an affidavit by an authorized representative of the employer
that the individual whose criminal history is requested has been
offered a position of employment by the employer in a residential
dwelling project and that, in the course and scope of the
employment, the individual may be reasonably required to have
access to a dwelling in the residential dwelling project; and
(3) the complete name, date of birth, social security number,
and current street address of the individual signing the
affidavit.
(d) An affidavit submitted under Subsection (c) must include a
statement, executed by the individual offered the position of
employment, that authorizes the employer to obtain the criminal
history record of the individual.
(e) The department may not provide an employer with the criminal
history record information of an applicant under this chapter
unless the employer is entitled to receive the information under
Section 411.118, Government Code.
(f) This chapter does not require an employer to obtain criminal
history record information under this chapter.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(57), eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept.
1, 1993. Renumbered from Human Resources Code Sec. 135.003 and
amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1,
1997.
Sec. 765.004. PRIVILEGE. Criminal history record information
received by an employer under this chapter is privileged and is
for the exclusive use of the employer. The employer may disclose
the information to an authorized officer, employee, or agent of
the employer only for the purpose of making a determination
regarding the suitability of an individual for employment.
Otherwise, an employer, or any individual to whom the employer
may have disclosed information, may not release or otherwise
disclose the information received under this chapter to any
person or governmental entity except on court order or with the
written consent of the individual being investigated.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff.
Sept. 1, 1993. Renumbered from Human Resources Code Sec. 135.004
by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
Sec. 765.005. PENALTY. An individual who is an officer,
employee, or agent of an employer and who knowingly or
intentionally violates Section 765.004 or submits false
information to the department commits an offense. An offense
under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff.
Sept. 1, 1993. Renumbered from Human Resources Code Sec. 135.005
and amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept.
1, 1997.
Sec. 765.006. EFFECT OF SUBMISSION OF FALSE INFORMATION. An
employer may terminate the employment of an individual who, at
the time of the individual's application for employment or after
the individual has been employed by the employer, submits false
information relating to the individual's criminal history.
Added by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1,
1993. Renumbered from V.T.C.A, Human Resources Code Sec. 135.006
by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
Sec. 765.007. OTHER INFORMATION. This chapter does not prevent
an employer from asking an applicant for employment or an
employee to provide other information if the request for that
information is not otherwise prohibited by law.
Added by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1,
1993. Renumbered from Human Resources Code Sec. 135.007 by Acts
1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.