By Farrar H.B. No. 3534
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 AMENDMENT TO CHAPTER 281 TEXAS HEALTH AND SAFETY CODE; -
1-3 AND AMENDMENT TO CHAPTER 411, SUBCHAPTER F OF
1-4 THE GOVERNMENT CODE;
1-5 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1-6 HARRIS COUNTY HOSPITAL DISTRICT
1-7 relating to access to criminal history record information
1-8 maintained by Federal Bureau of Investigation or local criminal
1-9 justice agency.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 281 Texas Health and Safety Code.
1-12 Sec. 281.001 DEFINITIONS. In this chapter:
1-13 (3) "Volunteer" means a person providing services to
1-14 or on behalf of the District who does not receive compensation in
1-15 excess of reimbursement for expenses.
1-16 SECTION 2. (a) The District is entitled to obtain criminal
1-17 history record information, pursuant to Section 411.____,
1-18 Government Code, maintained by the Department of Public Safety of
1-19 Texas, the Federal Bureau of Investigation identification division,
1-20 or other law enforcement agency to investigate a person who is:
1-21 (1) an applicant for employment with the District;
1-22 (2) an employee of the District;
2-1 (3) an applicant for employment with or an employee of
2-2 a person, or business that contracts with the District;
2-3 (4) a volunteer with the District; or
2-4 (5) a volunteer applicant with the District.
2-5 (b) The District shall adopt a uniform method of obtaining
2-6 criminal history information. This method may require the District
2-7 to submit a complete set of fingerprints, complete name of the
2-8 person being investigated, social security number, or driver's
2-9 license number.
2-10 (c) The failure or refusal to provide information stipulated
2-11 in Subsection (b) constitutes good cause for dismissal or refusal
2-12 to hire.
2-13 (d) All criminal history record information received by the
2-14 District under this section from any law enforcement agency is
2-15 privileged and confidential, and is intended for the exclusive use
2-16 of the District. The criminal history record information shall not
2-17 be released or disclosed to any person or agency except in a
2-18 criminal proceeding, in a hearing conducted by the District, to any
2-19 other governmental entity as required by law, or court order.
2-20 (e) The District may discharge or deny employment to any
2-21 person who is subject to Subsection (a) and whose criminal history
2-22 check reveals a conviction that renders the person unqualified or
2-23 unsuitable for employment.
2-24 (f) The District shall adopt rules governing the custody and
2-25 use of information obtained under this section.
2-26 (g) The District or the Board of Managers or an employee of
2-27 the District is not civilly liable for failure to comply with this
3-1 chapter if the District makes a good faith effort to comply.
3-2 SECTION 3. Chapter 411, Subchapter F of the Government Code.
3-3 (a) The District is entitled to obtain from the Department
3-4 criminal history record information maintained by the Department as
3-5 required or authorized under Section 281.____, Health and Safety
3-6 Code, that relates to a person who is:
3-7 (1) an applicant for employment with the District;
3-8 (2) an employee of the District;
3-9 (3) an applicant for employment with or an employee of
3-10 a person, or business that contracts with the District;
3-11 (4) a volunteer with the District; or
3-12 (5) a volunteer applicant with the District.
3-13 (b) The Board of Managers of the District shall adopt a
3-14 uniform method of obtaining criminal history record information.
3-15 The uniform method may require the District to submit to the
3-16 Department, the Federal Bureau of Investigation identification
3-17 division, or other law enforcement agencies a complete set of
3-18 fingerprints, complete name, driver's license number, or social
3-19 security number of a person being investigated. The failure or
3-20 refusal to provide a complete set of fingerprints, complete name,
3-21 driver's license number, or social security number of a person
3-22 being investigated constitutes good cause for dismissal or refusal
3-23 to hire.
3-24 (c) All criminal history record information received by the
3-25 District under Subsection (b) from any law enforcement agency is
3-26 privileged and confidential, and is intended for the exclusive use
3-27 of the District. The criminal history record information shall not
4-1 be released or disclosed to any person or agency except in a
4-2 criminal proceeding, in a hearing conducted by the District, to any
4-3 other governmental entity as required by law, or court order.
4-4 (d) After use of the criminal history record information the
4-5 District shall deliver the information to the district
4-6 administrator or administrator's designee, who shall destroy the
4-7 information in accordance with document destruction protocol.
4-8 SECTION 4. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.