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.