BILL ANALYSIS



H.B. 2861
By: Grusendorf
04-26-95
Committee Report (Unamended)


BACKGROUND

"McGruff House" and "Child Watch Programs" are volunteer
neighborhood safety programs designed to protect children from
dangers and threats that might confront them after school hours. At
present, it is only under these two specific programs that an
individual or group of individuals may request criminal record
checks from local law enforcement agencies. Such checks are
necessary in order to insure the safety of children.

The problem with present law, however, is that programs nearly
identical to the McGruff House program have been denied criminal
record checks of participants because it is only McGruff House that
is specifically mentioned in statute and the Department of Public
Safety very strictly interprets statute in determining whether a
criminal record check can be conducted.

Finally, current law stipulates that only local law enforcement
agencies may request a criminal record check from the Department of
Public Safety. This creates inefficiencies through needless steps
and delays.

PURPOSE

H.B. 2861 would accomplish two things. First, criminal record
checks could be done on the volunteers of any "safe house" program
like the McGruff House program, as long as volunteers give their
consent.  Second, the safe house program could obtain criminal
record checks directly from the Department of Public Safety,
thereby eliminating the need for the local law enforcement agency
to become involved in the process, except for the initial
certification of the program.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Public Safety
in Section 1 of the bill which is Subchapter F, Chapter 411,
Section 411.128, Subsection (d), Government Code.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Subchapter F, Chapter 411, Government Code by
adding Section 411.128, ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: SAFE HOUSES.
(a)(1) Defines a safe house as a nonprofit organization which
provides temporary shelter to children and which is certified as a
bona fide safe house by a local law enforcement agency.
(a)(2) Defines a volunteer as any person who will provide services
related to a safe house.
(b) States that a safe house is entitled to obtain the criminal
history of a volunteer.
(c) States that a safe house may only obtain criminal history
related to a conviction.
(d) Stipulates that a safe house must destroy criminal history
records obtained through this act.
SECTION 2: Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 2861 was considered by the committee in a public hearing on
April 18, 1995.  
The following person testified for the bill:
     Brandon Aghamalian, representing the Texas PTA.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 5
ayes, 0 nays, 0 pnv, 4 absent.