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.
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