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.