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.