By Lindsay S.B. No. 968 76R6350 KLA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to access to criminal history record information for 1-3 certain hospitals and hospital districts. 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 PUBLIC HOSPITALS AND HOSPITAL DISTRICTS. (a) In this section, 1-9 "public hospital" means a hospital that is owned, operated, or 1-10 leased by a county, municipality, or hospital authority. 1-11 (b) A public hospital or hospital district is entitled to 1-12 obtain from the department criminal history record information 1-13 maintained by the department that relates to a person who is: 1-14 (1) an applicant for employment or a volunteer 1-15 position with the public hospital or hospital district; 1-16 (2) an employee of or volunteer with the public 1-17 hospital or hospital district; or 1-18 (3) an applicant for employment with or an employee of 1-19 a person or business that contracts with the public hospital or 1-20 hospital district. 1-21 (c) The public hospital or hospital district shall adopt a 1-22 uniform method to obtain criminal history information from persons 1-23 described by Subsection (b). The public hospital or hospital 1-24 district may require the complete name, driver's license number, 2-1 fingerprints, or social security number of those persons. 2-2 (d) The public hospital or hospital district may dismiss a 2-3 person or deny a person employment or a volunteer position or 2-4 refuse to allow a person to work in a public hospital or hospital 2-5 district facility if: 2-6 (1) the person fails or refuses to provide information 2-7 described by Subsection (c); or 2-8 (2) the person's criminal history record information 2-9 reveals a conviction or deferred adjudication that renders the 2-10 person unqualified or unsuitable for employment or a volunteer 2-11 position. 2-12 (e) All criminal history record information received by a 2-13 public hospital or hospital district under this section is 2-14 privileged, confidential, and intended for the exclusive use of the 2-15 entity that obtained the information. The public hospital or 2-16 hospital district may not release or disclose criminal history 2-17 record information to any person or agency except in a criminal 2-18 proceeding, in a hearing conducted by the public hospital or 2-19 hospital district, to another governmental entity as required by 2-20 law, or as required by court order. 2-21 (f) The public hospital or hospital district shall develop 2-22 procedures for the custody and use of information obtained under 2-23 this section. After use of the information, the public hospital or 2-24 hospital district administrator or the administrator's designee 2-25 shall destroy the information in accordance with the public 2-26 hospital's or hospital district's document destruction procedures. 2-27 (g) A public hospital, hospital district, 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.