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.