H.B. No. 2861
    1-1                                AN ACT
    1-2  relating to the access by a safe house to criminal history record
    1-3  information.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter F, Chapter 411, Government Code, is
    1-6  amended by adding Section 411.128 to read as follows:
    1-7        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
    1-8  SAFE HOUSES.  (a)  In this section:
    1-9              (1)  "Safe house" means a nonprofit organization:
   1-10                    (A)  whose primary purpose is to provide
   1-11  temporary shelter for children avoiding harmful situations;
   1-12                    (B)  that is certified as a bona fide safe house
   1-13  by a local law enforcement agency; and
   1-14                    (C)  that is operating as a "Safe House."
   1-15              (2)  "Volunteer" or "volunteer applicant" means a
   1-16  person who will perform one or more of the following services
   1-17  without remuneration:
   1-18                    (A)  any service performed in a safe house;
   1-19                    (B)  any service that requires the access to or
   1-20  the handling of money or confidential or privileged information;
   1-21                    (C)  any service that involves the care of or
   1-22  access to a child;
   1-23                    (D)  coordination or referral of volunteers; or
   1-24                    (E)  executive administrative responsibilities.
    2-1        (b)  A safe house is entitled to obtain from the department
    2-2  criminal history record information maintained by the department
    2-3  that relates to a person who is a volunteer or a volunteer
    2-4  applicant of the volunteer center, if the volunteer or applicant
    2-5  signs a written consent to a criminal history background check.
    2-6        (c)  A safe house is entitled to obtain from the department
    2-7  only criminal history record information that relates to a
    2-8  conviction.
    2-9        (d)  The department may establish rules governing the
   2-10  administration of this section.
   2-11        (e)  A safe house may not keep or retain criminal history
   2-12  record information obtained under this section in any file.
   2-13  Criminal history record information must be destroyed promptly
   2-14  after the determination of suitability of the person for any
   2-15  position as a volunteer.
   2-16        (f)  A safe house or an officer or volunteer of a safe house
   2-17  is not liable in a civil action for damages resulting from a
   2-18  failure to comply with this section if the safe house, officer, or
   2-19  volunteer makes a good faith effort to comply.
   2-20        SECTION 2.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended,
   2-25  and that this Act take effect and be in force from and after its
   2-26  passage, and it is so enacted.