1-1 By: Shapiro, Cain S.B. No. 42
1-2 (In the Senate - Filed November 14, 1994; January 10, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; February 8, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; February 8, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Cain
1-8 Amend S.B. No. 42 in SECTION 2 of the bill, proposed Section
1-9 411.126(c), Government Code, between "section" and "." by inserting
1-10 "and charge volunteer centers a fee to cover the department's
1-11 direct costs of administering this program" (introduced version,
1-12 page 3, line 9; committee printing page 2, line 7).
1-13 A BILL TO BE ENTITLED
1-14 AN ACT
1-15 relating to access to criminal history record information by
1-16 certain organizations providing volunteer services.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 SECTION 1. Subsection (e), Section 411.087, Government Code,
1-19 is repealed.
1-20 SECTION 2. Section 411.126, Government Code, is amended to
1-21 read as follows:
1-22 Sec. 411.126. Access to Criminal History Record Information:
1-23 Volunteer Centers <Center of Dallas County>. (a) In this section:
1-24 (1) "Volunteer center" means a nonprofit, tax-exempt
1-25 organization:
1-26 (A) whose primary purpose is to recruit and
1-27 refer individual volunteers for other nonprofit groups in that
1-28 area; and
1-29 (B) that is certified as a bona fide volunteer
1-30 center by the department.<; and>
1-31 <(C) that is operating on the effective date of
1-32 this Act as "Volunteer Center of Dallas County.">
1-33 (2) "Volunteer" or "volunteer applicant" means a
1-34 person who will perform one or more of the following services
1-35 without remuneration:
1-36 (A) any service performed in a residence;
1-37 (B) any service that requires the access to or
1-38 the handling of money or confidential or privileged information; or
1-39 (C) any service that involves the care of or
1-40 access to:
1-41 (i) a child;
1-42 (ii) an elderly person; or
1-43 (iii) a person who is mentally
1-44 incompetent, mentally retarded, physically disabled, ill, or
1-45 incapacitated.
1-46 (3) "Employee" or "employee applicant" means a person
1-47 who will perform one or more of the following services or functions
1-48 for remuneration:
1-49 (A) any service performed in a residence;
1-50 (B) any service that requires the access to or
1-51 the handling of money or confidential or privileged information; or
1-52 (C) any service that involves the care of or
1-53 access to:
1-54 (i) a child;
1-55 (ii) an elderly person; or
1-56 (iii) a person who is mentally
1-57 incompetent, mentally retarded, physically disabled, ill, or
1-58 incapacitated;
1-59 (D) coordination or referral of volunteers; or
1-60 (E) executive administrative responsibilities.
1-61 (4) "Client agency" means a nonprofit agency served by
1-62 a volunteer center.
1-63 (b) A volunteer center is entitled to obtain from the
1-64 department criminal history record information maintained by the
1-65 department that relates to a person who is:
1-66 (1) an employee, an employee applicant, a volunteer,
1-67 or a volunteer applicant of the volunteer center; or
1-68 (2) an employee, an employee applicant, a volunteer,
2-1 or a volunteer applicant of a client agency.
2-2 (c) <A volunteer center is entitled to obtain from the
2-3 department only criminal history record information that relates to
2-4 a conviction.>
2-5 <(d)> The department may establish rules governing the
2-6 administration of this section.
2-7 (d) <(e)> A volunteer center may disseminate criminal
2-8 history record information to a client agency, if the client agency
2-9 has been approved by the department.
2-10 (e) <(f)> A volunteer center or client agency may not keep
2-11 or retain criminal history record information obtained under this
2-12 section in any file. Criminal history record information must be
2-13 destroyed promptly after the determination of suitability of the
2-14 person for any position as a volunteer or employee.
2-15 (f) Subject to approval by the department, two or more
2-16 volunteer centers may share technical and staff resources in the
2-17 development and operation of services for the dissemination of
2-18 criminal history record information.
2-19 (g) A volunteer center shall be held harmless for all causes
2-20 of action based on acts and omissions in connection with its
2-21 actions under this section, except for gross negligence or wilful
2-22 misconduct.
2-23 SECTION 3. This Act takes effect September 1, 1995.
2-24 SECTION 4. (a) The change in law made by this Act applies
2-25 only to a cause of action that arises on or after the effective
2-26 date of this Act.
2-27 (b) A cause of action that arises before the effective date
2-28 of this Act is governed by the law in effect at the time the cause
2-29 of action arose, and that law is continued in effect for that
2-30 purpose.
2-31 SECTION 5. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *