By Combs H.B. No. 1904
74R6519 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to access to criminal history information records by the
1-3 Department of Protective and Regulatory Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 411.114, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 411.114. Access to Criminal History Record Information:
1-8 Department of Protective and Regulatory Services. (a)(1) In this
1-9 subsection the terms "child," "child-care facility," and "family
1-10 home" have the meanings assigned by Section 42.002, Human Resources
1-11 Code.
1-12 (2) The Department of Protective and Regulatory
1-13 Services is entitled to obtain from the department criminal history
1-14 record information maintained by the department that relates to a
1-15 person who is:
1-16 (A) an applicant for a license, registration, or
1-17 certification under Chapter 42, Human Resources Code;
1-18 (B) an owner or employee of or an applicant for
1-19 employment by a child-care facility licensed, registered, or
1-20 certified under that chapter;
1-21 (C) a resident of a registered family home, but
1-22 not a child in the home's care or a parent of the child;
1-23 (D) an applicant for a position with the
1-24 Department of Protective and Regulatory Services, the duties of
2-1 which include direct delivery of protective services to children,
2-2 elderly persons, or persons with a disability;
2-3 (E) a volunteer or applicant volunteer with a
2-4 local affiliate in this state of Big Brothers/Big Sisters of
2-5 America;
2-6 (F) a volunteer or applicant volunteer with the
2-7 "I Have a Dream/Houston" program;
2-8 (G) an employee of, an applicant for employment
2-9 with, or a volunteer or an applicant volunteer with a business
2-10 entity or person that contracts with the Department of Protective
2-11 and Regulatory Services to provide direct delivery of protective
2-12 services to children, elderly persons, or persons with a
2-13 disability, if the person's duties or responsibilities include
2-14 direct contact with children, elderly persons, or persons with a
2-15 disability <an employee of a business entity that provides in-home
2-16 respite care of children with temporary illnesses>;
2-17 (H) a volunteer or applicant volunteer with the
2-18 Department of Protective and Regulatory Services <an employee of a
2-19 home health agency>;
2-20 (I) a volunteer or applicant volunteer with an
2-21 organization that provides court-appointed special advocates for
2-22 abused or neglected children;
2-23 (J) a person providing or applying to provide
2-24 adoptive or foster care for children in the care of the Department
2-25 of Protective and Regulatory Services and other adults living with
2-26 that person in the residence in which the child will reside;
2-27 (K) a Department of Protective and Regulatory
3-1 Services employee who is engaged in the direct delivery of
3-2 protective services to children, elderly persons, or persons with a
3-3 disability <on the date the department implements this section>;
3-4 (L) a person who is the subject of a report the
3-5 department receives alleging that the person has abused or
3-6 neglected a child, an elderly person, or a person with a
3-7 disability, provided that report has proven to have merit <after
3-8 investigation>; <or>
3-9 (M) a relative providing or applying to provide
3-10 in-home care for a child in the care of the Department of
3-11 Protective and Regulatory Services and other adults living with
3-12 that relative in the residence in which the child will reside;
3-13 (N) a person providing child care for a child
3-14 who is in the care of the Department of Protective and Regulatory
3-15 Services and who is or will be receiving adoptive, foster, or
3-16 in-home care; or
3-17 (O) a person providing, at the request of the
3-18 child's parent, in-home care for a child who is the subject of a
3-19 report alleging the child has been abused or neglected.
3-20 (3) The Department of Protective and Regulatory
3-21 Services may not use the authority granted under this section to
3-22 harass an employee or volunteer. The Board of Protective and
3-23 Regulatory Services shall adopt rules to prevent the harassment of
3-24 an employee or volunteer through the request and use of criminal
3-25 records <is entitled, under this subsection, only to criminal
3-26 history record information that relates to:>
3-27 <(A) an offense classified as an offense against
4-1 the person or the family;>
4-2 <(B) an offense classified as public indecency;
4-3 or>
4-4 <(C) a felony violation of a statute intended to
4-5 control the possession or distribution of a substance included in
4-6 Chapter 481, Health and Safety Code>.
4-7 (4) Criminal history record information obtained by
4-8 the Department of Protective and Regulatory Services under this
4-9 subsection may not be released to any person except:
4-10 (A) on court order;
4-11 (B) <,> with the consent of the person who is
4-12 the subject of the criminal history record information;
4-13 (C) for purposes of an administrative hearing
4-14 held by the Department of Protective and Regulatory Services
4-15 concerning the person who is the subject of the criminal history
4-16 record information; <,> or
4-17 (D) as provided by Subdivision (5).
4-18 (5) The Department of Protective and Regulatory
4-19 Services is not prohibited from releasing criminal history record
4-20 information obtained under this subsection to:
4-21 (A) the person who is the subject of the
4-22 criminal history record information;
4-23 (B) <or to> a child-care facility that employs
4-24 or is considering employing the person who is the subject of the
4-25 criminal history record information;
4-26 (C) a person or business entity described by
4-27 Subsection (a)(2)(G) who uses or intends to use the services of the
5-1 volunteer or employs or is considering employing the person who is
5-2 the subject of the criminal history record information; or
5-3 (D) an adult residing with a child and the
5-4 person who is the subject of the criminal history record
5-5 information, if the Department of Protective and Regulatory
5-6 Services determines that the release of information to the adult is
5-7 necessary to ensure the safety or welfare of the child or adult.
5-8 (b) The Department of Protective and Regulatory Services may
5-9 charge a nonprofit organization that requests criminal history
5-10 record information under Subsection (a)(2) a fee in an amount
5-11 necessary to cover the costs of obtaining the information on the
5-12 organization's behalf <(1) In this subsection, "facility" has the
5-13 meaning assigned by Section 106.001, Human Resources Code.>
5-14 <(2) The Department of Protective and Regulatory
5-15 Services, on behalf of the Texas Department of Health, is entitled
5-16 to obtain from the department criminal history record information
5-17 maintained by the department that relates to a person who is:>
5-18 <(A) an applicant for employment at a facility;
5-19 or>
5-20 <(B) an employee of a facility.>
5-21 <(3) The Department of Protective and Regulatory
5-22 Services is entitled to obtain, under this subsection, only
5-23 criminal history record information that relates to:>
5-24 <(A) an offense classified as an offense against
5-25 the person or the family;>
5-26 <(B) an offense classified as public indecency;>
5-27 <(C) a felony violation of a statute intended to
6-1 control the possession or distribution of a substance included in
6-2 Chapter 481, Health and Safety Code, or Section 485.033, Health and
6-3 Safety Code;>
6-4 <(D) a felony offense under Section 31.03, Penal
6-5 Code; or>
6-6 <(E) an offense under Section 29.02, 29.03, or
6-7 30.02, Penal Code.>
6-8 <(4) Criminal history record information obtained by
6-9 the Department of Protective and Regulatory Services under this
6-10 subsection may not be released to any person except on court order,
6-11 with the written consent of the person who is the subject of the
6-12 criminal history record information, or as provided by Subdivision
6-13 (5).>
6-14 <(5) The Department of Protective and Regulatory
6-15 Services is not prohibited from disclosing criminal history record
6-16 information obtained under this subsection to the Texas Department
6-17 of Health or to the facility for which the Department of Protective
6-18 and Regulatory Services requested the information>.
6-19 SECTION 2. Sections 22.006 and 22.0065, Human Resources
6-20 Code, are repealed.
6-21 SECTION 3. This Act takes effect September 1, 1995.
6-22 SECTION 4. The importance of this legislation and the
6-23 crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
6-26 days in each house be suspended, and this rule is hereby suspended.