By Wentworth                                           S.B. No. 132
         77R1743 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to access to criminal history record information
 1-3     concerning volunteers with certain programs providing activities to
 1-4     children.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter F, Chapter 411, Government Code, is
 1-7     amended by adding Section 411.137 to read as follows:
 1-8           Sec. 411.137.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
 1-9     PROGRAMS PROVIDING ACTIVITIES FOR CHILDREN. (a)  In this section,
1-10     "activity provider" means a nonprofit program that includes as
1-11     participants or recipients persons who are younger than 17 years of
1-12     age and that regularly provides athletic, civic, or cultural
1-13     activity.
1-14           (b)  An activity provider is entitled to obtain from the
1-15     department criminal history record information maintained by the
1-16     department that relates to a person who is a volunteer or a
1-17     volunteer applicant of the activity provider.
1-18           (c)  The department may establish rules governing the
1-19     administration of this section.
1-20           (d)  An activity provider may not keep or retain criminal
1-21     history record information obtained under this section in any file.
1-22     Criminal history record information must be destroyed promptly
1-23     after the determination of suitability of the person for any
1-24     position as a volunteer.
 2-1           (e)  Criminal history record information obtained under this
 2-2     section may not be released or disclosed to any person except in a
 2-3     criminal proceeding, on court order, or with the consent of the
 2-4     person who is the subject of the criminal history record
 2-5     information.
 2-6           (f)  An activity provider employee, officer, or volunteer is
 2-7     not liable in a civil action for damages resulting from a failure
 2-8     to comply with this section if the employee, officer, or volunteer
 2-9     makes a good faith effort to comply.
2-10           SECTION 2.  This Act takes effect immediately if it receives
2-11     a vote of two-thirds of all the members elected to each house, as
2-12     provided by Section 39, Article III, Texas Constitution.  If this
2-13     Act does not receive the vote necessary for immediate effect, this
2-14     Act takes effect September 1, 2001.