By:  Wentworth, Hinojosa                                          S.B. No. 443


A BILL TO BE ENTITLED

AN ACT

relating to access to criminal history record information 
concerning volunteers with certain programs providing activities 
to children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter F, Chapter 411, Government Code, is 
amended by adding Section 411.1401 to read as follows:
	Sec. 411.1401.  ACCESS TO CRIMINAL HISTORY RECORD 
INFORMATION:  PROGRAMS PROVIDING ACTIVITIES FOR CHILDREN.  (a)  In 
this section, "activity provider" means a nonprofit program that 
includes as participants or recipients persons who are younger than 
17 years of age and that regularly provides athletic, civic, or 
cultural activities.
	(b)  An activity provider is entitled to obtain from the 
department criminal history record information maintained by the 
department that relates to a person who is a volunteer or a 
volunteer applicant of the activity provider.
	(c)  The department may establish rules governing the 
administration of this section.
	(d)  An activity provider may use criminal history record 
information obtained under this section only to determine the 
suitability of a person for a position as a volunteer and may not 
keep or retain criminal history record information obtained under 
this section in any file.  Criminal history record information must 
be destroyed promptly after a determination of suitability is made.
	(e)  Criminal history record information obtained under this 
section may not be released or disclosed to any person except in a 
criminal proceeding, on court order, or with the consent of the 
person who is the subject of the criminal history record 
information.
	(f)  An employee, officer, or volunteer of an activity 
provider is not liable in a civil action for damages resulting from 
a failure to comply with this section 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.   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.