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78R3614 KEG-F
By: Branch H.B. No. 742
A BILL TO BE ENTITLED
AN ACT
relating to access by certain hospitals and hospital districts to
criminal history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.136, Government Code, is amended to
read as follows:
Sec. 411.136. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: CERTAIN [PUBLIC] HOSPITALS AND HOSPITAL DISTRICTS.
(a) In this section:[,]
(1) "Public [public] hospital" means a hospital that
is owned, operated, or leased by a county, municipality, or
hospital authority.
(2) "Nonprofit hospital" means a hospital that is
exempt from federal taxation under Section 501(a), Internal Revenue
Code of 1986, as amended, by being listed as an exempt entity under
Section 501(c)(3) of that code.
(b) A public or nonprofit hospital or hospital district is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is:
(1) an applicant for employment or a volunteer
position with the [public] hospital or [hospital] district;
(2) an employee of or a volunteer with the [public]
hospital or [hospital] district; or
(3) an applicant for employment with or an employee of
a person or business that contracts with the [public] hospital or
[hospital] district.
(c) The public or nonprofit hospital or hospital district
shall adopt a uniform method to obtain criminal history information
from persons described by Subsection (b). The [public] hospital or
[hospital] district may require the complete name, driver's license
number, fingerprints, or social security number of those persons.
(d) The public or nonprofit hospital or hospital district
may dismiss a person or deny a person employment or a volunteer
position or refuse to allow a person to work in a [public] hospital
or [hospital] district facility if:
(1) the person fails or refuses to provide information
described by Subsection (c); or
(2) the person's criminal history record information
reveals a conviction or deferred adjudication that renders the
person unqualified or unsuitable for employment or a volunteer
position.
(e) All criminal history record information received by a
public or nonprofit hospital or hospital district under this
section is privileged, confidential, and intended for the exclusive
use of the entity that obtained the information. The [public]
hospital or [hospital] district may not release or disclose
criminal history record information to any person or agency except
in a criminal proceeding, in a hearing conducted by the [public]
hospital or [hospital] district, to another governmental entity as
required by law, or as required by court order.
(f) The public or nonprofit hospital or hospital district
shall develop procedures for the custody and use of information
obtained under this section. After use of the information, the
[public] hospital or [hospital] district administrator or the
administrator's designee shall destroy the information in
accordance with the [public] hospital's or [hospital] district's
document destruction procedures.
(g) A public or nonprofit hospital, a hospital district, a
member of the governing board of the [public] hospital or
[hospital] district, or an employee of a [public] hospital or
[hospital] district is not civilly liable for failure to comply
with this chapter if the [public] hospital or [hospital] district
makes a good faith effort to comply.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.