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.