By:  Hartnett                                         H.B. No. 1613
       73R6311 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the qualification of an entity as a community home and
    1-3  to the authority of the Texas Department of Mental Health and
    1-4  Mental Retardation to obtain criminal history information records
    1-5  of a person eligible to reside in a community home; providing a
    1-6  criminal penalty.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Section 123.004, Human Resources Code, is amended
    1-9  to read as follows:
   1-10        Sec. 123.004.  Qualification as Community Home.  To qualify
   1-11  as a community home, an entity <must>:
   1-12              (1)  must comply with Sections 123.005 through 123.008;
   1-13  <and>
   1-14              (2)  must be a community-based residential home
   1-15  operated by:
   1-16                    (A)  the Texas Department of Mental Health and
   1-17  Mental Retardation;
   1-18                    (B)  a community center organized under
   1-19  Subchapter A, Chapter 534, Health and Safety Code <Section 3.01,
   1-20  Texas Mental Health and Mental Retardation Act (Article 5547-203,
   1-21  Vernon's Texas Civil Statutes)>, that provides services to persons
   1-22  with disabilities;
   1-23                    (C)  an entity subject to the Texas Non-Profit
   1-24  Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
    2-1  Statutes); or
    2-2                    (D)  an entity certified by the Texas Department
    2-3  of Human Services as a provider under the medical assistance
    2-4  program serving persons in intermediate care facilities for persons
    2-5  with mental retardation; and
    2-6              (3)  may not accept as a resident a person with a
    2-7  disability if the entity knows that the person's residency in the
    2-8  home constitutes a direct threat to the health or safety of other
    2-9  individuals.
   2-10        SECTION 2.  Chapter 123, Human Resources Code, is amended by
   2-11  adding Section 123.010 to read as follows:
   2-12        Sec. 123.010.  ACCESS TO CRIMINAL HISTORY INFORMATION
   2-13  RECORDS.  (a)  The Texas Department of Mental Health and Mental
   2-14  Retardation is entitled to obtain criminal history information
   2-15  records maintained by the Department of Public Safety, the Federal
   2-16  Bureau of Investigation identification division, or another law
   2-17  enforcement agency to investigate a person with a disability who is
   2-18  eligible to reside in a community home.
   2-19        (b)  The department may use information obtained under this
   2-20  section only to ascertain whether the person constitutes a direct
   2-21  threat to the health or safety of other individuals under Section
   2-22  123.004.
   2-23        (c)  The department may release information obtained under
   2-24  this section to:
   2-25              (1)  the person being investigated;
   2-26              (2)  a community center organized under Subchapter A,
   2-27  Chapter 534, Health and Safety Code, that provides services to
    3-1  persons with disabilities; and
    3-2              (3)  a community home that meets the qualifications
    3-3  imposed under this chapter.
    3-4        (d)  All criminal history information records received by the
    3-5  department under this section are privileged information and are
    3-6  for the exclusive use of the department and those persons or
    3-7  entities authorized under this section to receive the information.
    3-8  Except on court order or with the consent of the person being
    3-9  investigated, the records may not be released to any other person,
   3-10  entity, or agency.  The department may destroy the criminal history
   3-11  information records after the records are used for the purposes
   3-12  authorized by this section.
   3-13        (e)  A person commits an offense if the person releases or
   3-14  discloses any information received under this section, except as
   3-15  provided by Subsection (d).   An offense under this subsection is a
   3-16  Class A misdemeanor.
   3-17        (f)  The department shall adopt rules governing the custody
   3-18  and use of information obtained under this section.
   3-19        SECTION 3.  This Act takes effect September 1, 1993.
   3-20        SECTION 4.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended.