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.