SRC-LBB C.S.S.B. 443 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 443
78R4426 KCR-DBy: Wentworth
Criminal Justice
3/5/2003
Committee Report (Substituted)


DIGEST 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.  C.S.S.B. 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

Rulemaking authority is expressly granted to the Department of Public
Safety of the State of Texas in SECTION 1 (Section 411.1401, Government
Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 411F, Government Code, by adding Section
411.1401, as follows: 

Sec.  411.1401.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PROGRAMS
PROVIDING ACTIVITIES FOR CHILDREN.  (a)  Defines "activity provider." 

(b)  Provides that an activity provider is entitled to obtain from the
Department of Public Safety of the State of Texas (DPS) criminal history
record information that relates to a person who is a volunteer or a
volunteer applicant of the activity provider. 

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

(d)  Authorizes an activity provider to use criminal history record
information only to determine the suitability of a person for a position
as a volunteer.  Prohibits criminal history record from being kept or
retained in any file.  Requires criminal history record information to be
destroyed promptly after a determination of suitability is made. 

(e)  Prohibits release of criminal history record information, except in
certain situations. 

(f)  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. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.


SUMMARY OF COMMITTEE CHANGES
 
SECTION 1.  Amends As Filed S.B. 443 by deleting the following text in
proposed Section 411.1401(f): " if the employee, officer, or volunteer
makes a good faith effort to comply," and substituting with "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."