S.B. 443 78(R)    BILL ANALYSIS


S.B. 443
By: Wentworth
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, under Section 411.126 (Access to Criminal History Record
Information:  Volunteer Centers) of the Government Code, volunteer centers
are entitled to obtain criminal history record information.  However, the
manner in which volunteer centers is defined precludes certain nonprofit
programs from obtaining certain criminal history records from the
Department of Public Safety. These programs include the YMCA and youth
soccer leagues.  Senate Bill 443 allows nonprofit organizations which
provide activities for children to perform background checks on a person
who is a volunteer or is applying to be a volunteer of the activity
provider. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Department of Public Safety in SECTION 1 (Section 411.1401,
Government Code) of this bill. 

ANALYSIS

Senate Bill 443 amends the Government Code to entitle an activity provider
to obtain from the Department of Public Safety (DPS) criminal history
record information that relates to a person who is a volunteer or a
volunteer applicant of the activity provider. The DPS may establish rules
governing the administration of these provisions. Criminal history record
information may be used only to determine the suitability of a person for
a position as a volunteer and may not be kept or retained in any file.
The information must be destroyed promptly after a determination of
suitability is made. The bill prohibits release of criminal history record
information, except in certain situations.  

The bill provides that an employee, officer, or volunteer of an activity
provider is not liable in a civil action for damages resulting from a
failure to comply unless the act or omission of the employee, officer, or
volunteer was intentional, wilfully or wantonly negligent, or done with
conscious indifference or reckless disregard for the safety of others. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.