CLC H.B. 2451 75(R)     BILL ANALYSIS


HUMAN SERVICES
H.B. 2451
By: Hirschi
4-16-97
Committee Report (Amended)



BACKGROUND  

Section 411.114 of the Government Code allows the Department of Protective
and Regulatory Services to gain criminal history records from the
Department of Public Safety (DPS) for a number of specific individuals
outlined in the Act, including potential departmental employees,
volunteers for specific organizations, and foster care applicants.  These
checks are designed to protect children,  elderly persons, and persons
with disabilities from those people who have demonstrated prior criminal
mistreatment of these persons.  

The language of the statute section requires a bill to allow new
organizations to do criminal history checks.  Nonprofit management centers
coordinate a number of volunteer efforts in Texas.  By allowing these
centers to conduct background checks on volunteers,  the continued efforts
of the State of Texas to protect its most disadvantaged citizens will be
preserved. 

PURPOSE

This Act will allow The Department of Protective and Regulatory Services
to obtain criminal history information on volunteers or applicant
volunteers for nonprofit management centers.     

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:Section 411.114(a)(2), Government Code, is amended by adding
Subsection (Q) to allow the Department of Protective and Regulatory
Services (DPRS) to obtain, from the DPS, criminal history information
relating to a volunteer or applicant volunteer with a nonprofit management
center. 

SECTION 2: Emergency clause.

EXPLANATION OF AMENDMENT

Expands the list of people criminal history checks may be run on to
include an employee of, an applicant for employment with, or a volunteer
or an applicant volunteer.   

"Non-profit management center" is expanded to "non-profit, tax exempt
organization which provides any service that involves the care of or
access to children, elderly persons, or persons with a disability." 

The provisions of section (Q) must be conducted through a contract with a
non-profit Management Center.