By Shapiro S.B. No. 42
74R1449 DD-D
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. Section 411.087(e), Government Code, is repealed.
1-6 SECTION 2. Section 411.126, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 411.126. Access to Criminal History Record Information:
1-9 Volunteer Centers <Center of Dallas County>. (a) In this section:
1-10 (1) "Volunteer center" means a nonprofit, tax-exempt
1-11 organization:
1-12 (A) whose primary purpose is to recruit and
1-13 refer individual volunteers for other nonprofit groups in that
1-14 area; and
1-15 (B) that is certified as a bona fide volunteer
1-16 center by the department.<; and>
1-17 <(C) that is operating on the effective date of
1-18 this Act as "Volunteer Center of Dallas County.">
1-19 (2) "Volunteer" or "volunteer applicant" means a
1-20 person who will perform one or more of the following services
1-21 without remuneration:
1-22 (A) any service performed in a residence;
1-23 (B) any service that requires the access to or
1-24 the handling of money or confidential or privileged information; or
2-1 (C) any service that involves the care of or
2-2 access to:
2-3 (i) a child;
2-4 (ii) an elderly person; or
2-5 (iii) a person who is mentally
2-6 incompetent, mentally retarded, physically disabled, ill, or
2-7 incapacitated.
2-8 (3) "Employee" or "employee applicant" means a person
2-9 who will perform one or more of the following services or functions
2-10 for remuneration:
2-11 (A) any service performed in a residence;
2-12 (B) any service that requires the access to or
2-13 the handling of money or confidential or privileged information; or
2-14 (C) any service that involves the care of or
2-15 access to:
2-16 (i) a child;
2-17 (ii) an elderly person;
2-18 (iii) a person who is mentally
2-19 incompetent, mentally retarded, physically disabled, ill, or
2-20 incapacitated;
2-21 (D) coordination or referral of volunteers; or
2-22 (E) executive administrative responsibilities.
2-23 (4) "Client agency" means a nonprofit agency served by
2-24 a volunteer center.
2-25 (b) A volunteer center is entitled to obtain from the
2-26 department criminal history record information maintained by the
2-27 department that relates to a person who is:
3-1 (1) an employee, an employee applicant, a volunteer,
3-2 or a volunteer applicant of the volunteer center; or
3-3 (2) an employee, an employee applicant, a volunteer,
3-4 or a volunteer applicant of a client agency.
3-5 (c) <A volunteer center is entitled to obtain from the
3-6 department only criminal history record information that relates to
3-7 a conviction.>
3-8 <(d)> The department may establish rules governing the
3-9 administration of this section.
3-10 (d) <(e)> A volunteer center may disseminate criminal
3-11 history record information to a client agency, if the client agency
3-12 has been approved by the department.
3-13 (e) <(f)> A volunteer center or client agency may not keep
3-14 or retain criminal history record information obtained under this
3-15 section in any file. Criminal history record information must be
3-16 destroyed promptly after the determination of suitability of the
3-17 person for any position as a volunteer or employee.
3-18 (f) Subject to approval by the department, two or more
3-19 volunteer centers may share technical and staff resources in the
3-20 development and operation of services for the dissemination of
3-21 criminal history record information.
3-22 (g) A volunteer center shall be held harmless for all causes
3-23 of action based on acts and omissions in connection with its
3-24 actions under this section, except for gross negligence or wilful
3-25 misconduct.
3-26 SECTION 3. This Act takes effect September 1, 1995.
3-27 SECTION 4. (a) The change in law made by this Act applies
4-1 only to a cause of action that arises on or after the effective
4-2 date of this Act.
4-3 (b) A cause of action that arises before the effective date
4-4 of this Act is governed by the law in effect at the time the cause
4-5 of action arose, and that law is continued in effect for that
4-6 purpose.
4-7 SECTION 5. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.