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1-6 is repealed.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.