SRC- BWC,JEC S.B. 132 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 132
77R1743 GWK-DBy: Wentworth
Criminal Justice
3/6/2001
As Filed


DIGEST AND PURPOSE 

Currently, volunteer centers are entitled to obtain criminal history record
information.  However, a volunteer center is defined as a nonprofit,
tax-exempt organization whose primary purpose is to recruit and refer
volunteers for other nonprofits and that is certified as a bona fide
volunteer center by the Department of Public Safety.  A nonprofit
organization that runs an activity for children, such as the YMCA, must
somehow go through a volunteer center to obtain such information.  As
proposed, S.B. 132 allows nonprofit organizations that provide athletic,
civic, or cultural activities for participants younger than 17 years of age
to obtain certain criminal history records from the Department of Public
Safety.  S.B. 132 also instructs nonprofit organizations as to how the
background information, once obtained, is to be handled.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Public
Safety in SECTION 1 (Section 411.137, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 411F, Government Code, by adding Section 411.137,
as follows: 

Sec. 411.137. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PROGRAMS
PROVIDING ACTIVITIES FOR CHILDREN.  (a) Defines "activity provider."   

(b) Entitles an activity provider to obtain from the Texas Department of
Public Safety (department) criminal history record information maintained
by the department that relates to a person who is a volunteer or a
volunteer applicant of the activity provider.   

(c) Authorizes the department to establish rules governing the
administration of this section.   

(d) Prohibits an activity provider from keeping or retaining criminal
history record information obtained under this section in any file.
Requires criminal history record information to be destroyed promptly after
the determination of suitability of the person for any position as a
volunteer.   

(e) Prohibits criminal history record information obtained under this
section from being released or disclosed to any person except in a criminal
proceeding, on court order, or with the consent of the person who is the
subject of the criminal history record information.   

(f) Provides that an activity provider employee, officer, or volunteer is
not liable in a civil action for damages resulting from a failure to comply
with this section if the employee, officer, or volunteer makes a good faith
effort to comply. 
 
SECTION 2.  Effective date: upon passage or September 1, 2001.