SGN H.B. 2075 75(R)BILL ANALYSIS CORRECTIONS H.B. 2075 By: Hightower 3-19-97 Committee Report (Unamended) BACKGROUND Under current law the Texas Youth Commission has access to the criminal history information it needs to screen persons who may be unsuitable for contact with its youth. Last fiscal year TYC made approximately 2,600 inquiries of the Department of Public Safety for this information on its job applicants and volunteer applicants. The commission does not have authority, however, to obtain criminal history information on volunteers and employees of private entities that contract with the commission. In view of the ever increasing role of private contractors in providing direct services to TYC youth, it is important that such access be provided. Approximately 350 to 400 additional inquiries are expected each fiscal year related to contractors' employees and volunteers. PURPOSE H.B. 2075 authorizes the Texas Youth Commission to obtain from the Department of Public Safety criminal history information on the employees, job applicants and volunteer applicants of an entity that contracts with the commission to provide direct services to TYC youth. It authorizes the commission to release this information to the contracting entity and to charge the entity a fee for the costs of its doing so. It continues the commission's current authorization to obtain criminal history information on its own job applicants and volunteer applicants. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter F, Chapter 411, Government Code, by adding Section 411.132 as follows: Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS YOUTH COMMISSION. (a) Authorizes the Texas Youth Commission to obtain from the Department of Public Safety criminal history record information that relates to a commission job applicant, a commission volunteer or volunteer applicant (including interns), a contractor's employee or job applicant; and a contractor's volunteer or volunteer applicant (including interns). To obtain criminal history information on its employees and volunteers the contractor must be involved in the direct delivery of services to TYC youth. (b) Prohibits the release of information obtained by the commission except on court order or with the consent of the subject of the record or for the purposes of an administrative hearing or investigation concerning the subject of the record. (c) Authorizes the release of information obtained by the commission to the person who is the subject of the record or to a contractor that employs or intends to employ the subject of the record. (d) Authorizes the commission to charge a contractor a fee for the criminal history information it obtains on its employees, volunteer and applicants. SECTION 2. Emergency clause.