By Shapiro, Cain                                        S.B. No. 42
          Substitute the following for S.B. No. 42:
          By Madden                                           C.S.S.B. No. 42
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to access to criminal history record information by
    1-3  certain organizations providing volunteer services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (e), Section 411.087, Government Code,
    1-6  is repealed.
    1-7        SECTION 2.  Section 411.126, Government Code, is amended to
    1-8  read as follows:
    1-9        Sec. 411.126.  Access to Criminal History Record Information:
   1-10  Volunteer Centers <Center of Dallas County>.  (a)  In this section:
   1-11              (1)  "Volunteer center" means a nonprofit, tax-exempt
   1-12  organization:
   1-13                    (A)  whose primary purpose is to recruit and
   1-14  refer individual volunteers for other nonprofit groups in that
   1-15  area; and
   1-16                    (B)  that is certified as a bona fide volunteer
   1-17  center by the department.<; and>
   1-18                    <(C)  that is operating on the effective date of
   1-19  this Act as "Volunteer Center of Dallas County.">
   1-20              (2)  "Volunteer" or "volunteer applicant" means a
   1-21  person who will perform one or more of the following services
   1-22  without remuneration:
   1-23                    (A)  any service performed in a residence;
   1-24                    (B)  any service that requires the access to or
    2-1  the handling of money or confidential or privileged information; or
    2-2                    (C)  any service that involves the care of or
    2-3  access to:
    2-4                          (i)  a child;
    2-5                          (ii)  an elderly person; or
    2-6                          (iii)  a person who is mentally
    2-7  incompetent, mentally retarded, physically disabled, ill, or
    2-8  incapacitated.
    2-9              (3)  "Employee" or "employee applicant" means a person
   2-10  who will perform one or more of the following services or functions
   2-11  for remuneration:
   2-12                    (A)  any service performed in a residence;
   2-13                    (B)  any service that requires the access to or
   2-14  the handling of money or confidential or privileged information; or
   2-15                    (C)  any service that involves the care of or
   2-16  access to:
   2-17                          (i)  a child;
   2-18                          (ii)  an elderly person; or
   2-19                          (iii)  a person who is mentally
   2-20  incompetent, mentally retarded, physically disabled, ill, or
   2-21  incapacitated;
   2-22                    (D)  coordination or referral of volunteers; or
   2-23                    (E)  executive administrative responsibilities.
   2-24              (4)  "Client agency" means a nonprofit agency served by
   2-25  a volunteer center.
   2-26        (b)  A volunteer center is entitled to obtain from the
   2-27  department criminal history record information maintained by the
    3-1  department that relates to a person who is:
    3-2              (1)  an employee, an employee applicant, a volunteer,
    3-3  or a volunteer applicant of the volunteer center; or
    3-4              (2)  an employee, an employee applicant, a volunteer,
    3-5  or a volunteer applicant of a client agency.
    3-6        (c)  <A volunteer center is entitled to obtain from the
    3-7  department only criminal history record information that relates to
    3-8  a conviction.>
    3-9        <(d)>  The department may establish rules governing the
   3-10  administration of this section and charge volunteer centers a fee
   3-11  to cover the department's direct costs of administering this
   3-12  program.
   3-13        (d) <(e)>  A volunteer center may disseminate criminal
   3-14  history record information to a client agency, if the client agency
   3-15  has been approved by the department.
   3-16        (e) <(f)>  A volunteer center or client agency may not keep
   3-17  or retain criminal history record information obtained under this
   3-18  section in any file.  Criminal history record information must be
   3-19  destroyed promptly after the determination of suitability of the
   3-20  person for any position as a volunteer or employee.
   3-21        (f)  Subject to approval by the department, two or more
   3-22  volunteer centers may share technical and staff resources in the
   3-23  development and operation of services for the dissemination of
   3-24  criminal history record information.
   3-25        (g)  Except in the case of gross negligence or intentional
   3-26  misconduct, a volunteer center is not liable for damages arising
   3-27  from:
    4-1              (1)  the release or use of information obtained under
    4-2  this section;
    4-3              (2)  the failure to release or use information obtained
    4-4  under this section; or
    4-5              (3)  the failure to obtain information under this
    4-6  section.
    4-7        SECTION 3.  This Act takes effect September 1, 1995.
    4-8        SECTION 4.  (a)  The change in law made by this Act applies
    4-9  only to a cause of action that arises on or after the effective
   4-10  date of this Act.
   4-11        (b)  A cause of action that arises before the effective date
   4-12  of this Act is governed by the law in effect at the time the cause
   4-13  of action arose, and that law is continued in effect for that
   4-14  purpose.
   4-15        SECTION 5.  The importance of this legislation and the
   4-16  crowded condition of the calendars in both houses create an
   4-17  emergency and an imperative public necessity that the
   4-18  constitutional rule requiring bills to be read on three several
   4-19  days in each house be suspended, and this rule is hereby suspended.