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 * * * * *