BILL ANALYSIS
S.B. 42
By: Shapiro
Intergovernmental Relations
2-8-95
Committee Report (Amended)
BACKGROUND
The volunteer center of Dallas was created by the 73rd Legislature
as a pilot program. Currently, the Dallas center supplies criminal
history information on potential volunteers and employees to non
profit organizations by obtaining the information from the Texas
Department of Public Safety at the request of a client
organization.
PURPOSE
As proposed, S.B. 42 provides volunteer centers access to criminal
history record information.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Repealer: Section 411.087(e), Government Code (Access
to Criminal History Record Information Maintained by Federal Bureau
of Investigation or Local Justice Agency).
SECTION 2. Amends Section 411.126, Government Code, as follows:
Sec. 411.126. New Heading: ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: VOLUNTEER CENTERS. (a) Redefines "volunteer
center."
(c) Authorizes the Texas Department of Public Safety
(department) to establish rules governing the administration
of this section and charge volunteer centers a fee to cover
the department's direct costs of administering this program.
Deletes existing Subsection (c).
(d)-(e) Created from existing text.
(f) Authorizes two or more volunteer centers to share
technical and staff resources in the development and
operation of services for the dissemination of criminal
history record information with the approval of the
department.
(g) Requires that a volunteer center to be held harmless
for all causes of action based on acts and omissions in
connection with its actions under this section, except for
gross negligence or wilful misconduct.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Emergency clause.