AN ACT 1-1 relating to access to criminal history record information for 1-2 certain hospitals and hospital districts. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter F, Chapter 411, Government Code, is 1-5 amended by adding Section 411.136 to read as follows: 1-6 Sec. 411.136. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: 1-7 PUBLIC HOSPITALS AND HOSPITAL DISTRICTS. (a) In this section, 1-8 "public hospital" means a hospital that is owned, operated, or 1-9 leased by a county, municipality, or hospital authority. 1-10 (b) A public hospital or hospital district is entitled to 1-11 obtain from the department criminal history record information 1-12 maintained by the department that relates to a person who is: 1-13 (1) an applicant for employment or a volunteer 1-14 position with the public hospital or hospital district; 1-15 (2) an employee of or a volunteer with the public 1-16 hospital or hospital district; or 1-17 (3) an applicant for employment with or an employee of 1-18 a person or business that contracts with the public hospital or 1-19 hospital district. 1-20 (c) The public hospital or hospital district shall adopt a 1-21 uniform method to obtain criminal history information from persons 1-22 described by Subsection (b). The public hospital or hospital 1-23 district may require the complete name, driver's license number, 1-24 fingerprints, or social security number of those persons. 2-1 (d) The public hospital or hospital district may dismiss a 2-2 person or deny a person employment or a volunteer position or 2-3 refuse to allow a person to work in a public hospital or hospital 2-4 district facility if: 2-5 (1) the person fails or refuses to provide information 2-6 described by Subsection (c); or 2-7 (2) the person's criminal history record information 2-8 reveals a conviction or deferred adjudication that renders the 2-9 person unqualified or unsuitable for employment or a volunteer 2-10 position. 2-11 (e) All criminal history record information received by a 2-12 public hospital or hospital district under this section is 2-13 privileged, confidential, and intended for the exclusive use of the 2-14 entity that obtained the information. The public hospital or 2-15 hospital district may not release or disclose criminal history 2-16 record information to any person or agency except in a criminal 2-17 proceeding, in a hearing conducted by the public hospital or 2-18 hospital district, to another governmental entity as required by 2-19 law, or as required by court order. 2-20 (f) The public hospital or hospital district shall develop 2-21 procedures for the custody and use of information obtained under 2-22 this section. After use of the information, the public hospital or 2-23 hospital district administrator or the administrator's designee 2-24 shall destroy the information in accordance with the public 2-25 hospital's or hospital district's document destruction procedures. 2-26 (g) A public hospital, a hospital district, a member of the 3-1 governing board of the public hospital or hospital district, or an 3-2 employee of a public hospital or hospital district is not civilly 3-3 liable for failure to comply with this chapter if the public 3-4 hospital or hospital district makes a good faith effort to comply. 3-5 SECTION 2. This Act takes effect September 1, 1999. 3-6 SECTION 3. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 968 passed the Senate on March 25, 1999, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 968 passed the House on April 23, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor