By Farrar                                             H.B. No. 1293
         76R5572 MDR-F                           
                                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 411.136 to read as follows:
 1-7           Sec. 411.136.  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, 1999.
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.