BILL ANALYSIS


                                                        H.B. 2861
                                          By: Grusendorf (Harris)
                                        Health and Human Services
                                                         05-17-95
                                Senate Committee Report (Amended)
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 to ensure the
safety of children.

PURPOSE

As proposed, H.B. 2861 establishes provisions governing the access
by a safe house to criminal history record information.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Department of Public Safety under SECTION 1 (Section
411.128, Government Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 411F, Government Code, by adding Section
411.128, as follows:

     Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
     SAFE HOUSES.  (a) Defines "safe house" and "volunteer" or
     "volunteer applicant."
     
     (b) Entitles a safe house to obtain from the Department of
       Public Safety (department) criminal history record
       information maintained by the department that relates to a
       person who is a volunteer or a volunteer applicant of the
       volunteer center, if the volunteer or applicant signs a
       written consent to a criminal history background check.
       
       (c) Entitles a safe house to obtain from the department only
       criminal history record information that relates to a
       conviction.
       
       (d) Authorizes the department to establish rules governing
       the administration of this section.
       
       (e) Prohibits a safe house from keeping or retaining
       criminal history record information obtained under this
       section in any file.  Requires the information to be
       destroyed promptly after the determination of suitability of
       the person for any position as a volunteer.
       
       (f) Provides that a person commits a Class A misdemeanor if
       the person releases or otherwise discloses any information
       received under this chapter.
       
       (g) Provides that a facility or an officer or employee of a
       facility is not civilly liable for failure to comply with
       this chapter if the facility makes a good faith effort to
       comply.
       
       SECTION 2.   Emergency clause.
           Effective date: upon passage.