1-1 By: Grusendorf (Senate Sponsor - Harris) H.B. No. 2861
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 17, 1995, reported favorably, as amended,
1-5 by the following vote: Yeas 9, Nays 0; May 17, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Nelson
1-8 Add the appropriately numbered subsections after subsection (e),
1-9 Section 411.128 on page 2, line 16, of the House Engrossment to
1-10 read:
1-11 A person commits an offense if the person releases or otherwise
1-12 discloses any information received under this chapter. An offense
1-13 under this section is a Class A misdemeanor.
1-14 Civil liability. A facility or an officer or employee or a
1-15 facility is not civilly liable for failure to comply with this
1-16 chapter if the facility makes a good faith effort to comply.
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the access by a safe house to criminal history record
1-20 information.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Subchapter F, Chapter 411, Government Code, is
1-23 amended by adding Section 411.128 to read as follows:
1-24 Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1-25 SAFE HOUSES. (a) In this section:
1-26 (1) "Safe house" means a nonprofit organization:
1-27 (A) whose primary purpose is to provide
1-28 temporary shelter for children avoiding harmful situations;
1-29 (B) that is certified as a bona fide safe house
1-30 by a local law enforcement agency; and
1-31 (C) that is operating as a "Safe House."
1-32 (2) "Volunteer" or "volunteer applicant" means a
1-33 person who will perform one or more of the following services
1-34 without remuneration:
1-35 (A) any service performed in a safe house;
1-36 (B) any service that requires the access to or
1-37 the handling of money or confidential or privileged information;
1-38 (C) any service that involves the care of or
1-39 access to a child;
1-40 (D) coordination or referral of volunteers; or
1-41 (E) executive administrative responsibilities.
1-42 (b) A safe house is entitled to obtain from the department
1-43 criminal history record information maintained by the department
1-44 that relates to a person who is a volunteer or a volunteer
1-45 applicant of the volunteer center, if the volunteer or applicant
1-46 signs a written consent to a criminal history background check.
1-47 (c) A safe house is entitled to obtain from the department
1-48 only criminal history record information that relates to a
1-49 conviction.
1-50 (d) The department may establish rules governing the
1-51 administration of this section.
1-52 (e) A safe house may not keep or retain criminal history
1-53 record information obtained under this section in any file.
1-54 Criminal history record information must be destroyed promptly
1-55 after the determination of suitability of the person for any
1-56 position as a volunteer.
1-57 SECTION 2. The importance of this legislation and the
1-58 crowded condition of the calendars in both houses create an
1-59 emergency and an imperative public necessity that the
1-60 constitutional rule requiring bills to be read on three several
1-61 days in each house be suspended, and this rule is hereby suspended,
1-62 and that this Act take effect and be in force from and after its
1-63 passage, and it is so enacted.
1-64 * * * * *