78R2261 KSD-D

By:  Ellis                                                        S.B. No. 602



A BILL TO BE ENTITLED

AN ACT

relating to access to criminal history record information 
concerning employees, volunteers, and applicant volunteers of 
children's advocacy centers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 411.114(a)(3), Government Code, is 
amended to read as follows:
		(3)  The Department of Protective and Regulatory 
Services is entitled to obtain from the department criminal history 
record information maintained by the department that relates to a 
person who is:
			(A)  a volunteer or applicant volunteer with a 
local affiliate in this state of Big Brothers/Big Sisters of 
America;
			(B)  a volunteer or applicant volunteer with the 
"I Have a Dream/Houston" program;
			(C)  a volunteer or applicant volunteer with an 
organization that provides court-appointed special advocates for 
abused or neglected children;
			(D)  a person providing, at the request of the 
child's parent, in-home care for a child who is the subject of a 
report alleging the child has been abused or neglected;
			(E)  a volunteer or applicant volunteer with a 
Texas chapter of the Make-a-Wish Foundation of America;
			(F)  a person providing, at the request of the 
child's parent, in-home care for a child only if the person gives 
written consent to the release and disclosure of the information;
			(G)  a child who is related to the caretaker, as 
determined under Section 42.002, Human Resources Code, and who 
resides in or is present in a child-care facility, family home, or 
maternity home, other than a child described by Subdivision (2)(C), 
or any other person who has unsupervised access to a child in the 
care of a child-care facility, family home, or maternity home;
			(H)  an applicant for a position with the 
Department of Protective and Regulatory Services, other than a 
position described by Subdivision (2)(D), regardless of the duties 
of the position;
			(I)  a volunteer or applicant volunteer with the 
Department of Protective and Regulatory Services, other than a 
registered volunteer, regardless of the duties to be performed;
			(J)  a person providing or applying to provide 
in-home, adoptive, or foster care for children to the extent 
necessary to comply with Subchapter B, Chapter 162, Family Code;
			(K)  a Department of Protective and Regulatory 
Services employee, other than an employee described by Subdivision 
(2)(H), regardless of the duties of the employee's position;
			(L)  a relative of a child in the care of the 
Department of Protective and Regulatory Services, to the extent 
necessary to comply with Section 162.007, Family Code;
			(M)  a person, other than the subject of a report 
described in Subdivision (2)(I), living in the residence in which 
the alleged victim of the report resides;
			(N)  a contractor or an employee of a contractor 
who delivers services to a ward of the Department of Protective and 
Regulatory Services under a contract with the estate of the ward; 
[or]
			(O)  a person who seeks unsupervised visits with a 
ward of the Department of Protective and Regulatory Services, 
including a relative of the ward; or
			(P)  an employee, volunteer, or applicant 
volunteer of a children's advocacy center under Subchapter E, 
Chapter 264, Family Code.
	SECTION 2.  This Act takes effect September 1, 2003.