75R10321 SAW-F                           

         By Farrar, Lewis of Tarrant                           H.B. No. 3534

         Substitute the following for H.B. No. 3534:

         By Lewis of Tarrant                               C.S.H.B. No. 3534

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to access to criminal history record information for the

 1-3     Harris County Hospital District.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

 1-6     amended by adding Section 411.132 to read as follows:

 1-7           Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

 1-8     HARRIS COUNTY HOSPITAL DISTRICT.  (a)  The Harris County Hospital

 1-9     District is entitled to obtain from the department criminal history

1-10     record information maintained by the department that relates to a

1-11     person who is:

1-12                 (1)  an applicant for employment or a volunteer

1-13     position with the district;

1-14                 (2)  an employee of or volunteer with the district; or

1-15                 (3)  an applicant for employment with or an employee of

1-16     a person or business that contracts with the district.

1-17           (b)  The district shall adopt a uniform method to obtain

1-18     criminal history information from persons described by Subsection

1-19     (a).  The district may require the complete name, driver's license

1-20     number, fingerprints, or social security number of those persons.

1-21           (c)  The district may dismiss a person or deny a person

1-22     employment or a volunteer position or refuse to allow a person to

1-23     work in a district facility if:

1-24                 (1)  the person fails or refuses to provide information

 2-1     described by Subsection (b); or

 2-2                 (2)  the person's criminal history record information

 2-3     reveals a conviction that renders the person unqualified or

 2-4     unsuitable for employment or a volunteer position.

 2-5           (d)  All criminal history record information received by the

 2-6     district under this section is privileged, confidential, and

 2-7     intended for the exclusive use of the district.  The district may

 2-8     not release or disclose criminal history record information to any

 2-9     person or agency except in a criminal proceeding, in a hearing

2-10     conducted by the district, to another governmental entity as

2-11     required by law, or as required by court order.

2-12           (e)  The district shall develop procedures for the custody

2-13     and use of information obtained under this section.  After use of

2-14     the information, the district administrator or the administrator's

2-15     designee shall destroy the information in accordance with the

2-16     district's document destruction procedures.

2-17           (f)  The district, a member of the board of managers of the

2-18     district, or an employee of the district is not civilly liable for

2-19     failure to comply with this chapter if the district makes a

2-20     good-faith effort to comply.

2-21           SECTION 2.  This Act takes effect September 1, 1997.

2-22           SECTION 3.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

2-26     days in each house be suspended, and this rule is hereby suspended.