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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Health and Human Services |
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Commission to obtain criminal history record information of certain |
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applicants for employment and current employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1106 to read as follows: |
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Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The |
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executive commissioner of the Health and Human Services Commission |
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or the commissioner's designee may obtain from the department |
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criminal history record information maintained by the department |
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that relates to: |
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(1) an applicant for employment for a position in |
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which the employee has access to sensitive personal or financial |
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information, as determined by the executive commissioner, in the |
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following divisions or programs: |
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(A) the eligibility services division |
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established under Section 531.008(c)(1); |
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(B) the office of inspector general established |
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under Section 531.008(c)(2); or |
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(C) the medical transportation program or its |
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successor, as described by Section 531.02414; or |
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(2) a person who is currently employed by the |
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commission and has access to sensitive personal or financial |
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information, as determined by the executive commissioner. |
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(b) Criminal history record information obtained by the |
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executive commissioner of the Health and Human Services Commission |
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or the commissioner's designee under Subsection (a) may not be |
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released or disclosed unless: |
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(1) the information is a public record at the time the |
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executive commissioner obtains the information; or |
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(2) the information is released or disclosed: |
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(A) on order of a court; |
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(B) to a criminal justice agency; |
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(C) with the consent of the person who is the |
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subject of the criminal history record information; or |
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(D) in a criminal proceeding or in a hearing |
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conducted by the commission. |
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(c) The Health and Human Services Commission shall destroy |
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all criminal history record information obtained under Subsection |
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(a) as soon as practicable after the information is used for its |
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authorized purpose. |
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SECTION 2. Subchapter A, Chapter 531, Government Code, is |
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amended by adding Section 531.0091 to read as follows: |
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Sec. 531.0091. CRIMINAL BACKGROUND CHECKS. (a) The |
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executive commissioner is entitled to obtain from the Department of |
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Public Safety criminal history record information maintained by the |
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Department of Public Safety that relates to: |
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(1) an applicant for employment for a position in |
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which the employee has access to sensitive personal or financial |
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information, as determined by the executive commissioner, in the |
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following divisions or programs: |
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(A) the eligibility services division |
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established under Section 531.008(c)(1); |
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(B) the office of inspector general established |
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under Section 531.008(c)(2); or |
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(C) the medical transportation program or its |
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successor, as described by Section 531.02414; or |
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(2) a person who is currently employed by the |
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commission and has access to sensitive personal or financial |
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information, as determined by the executive commissioner. |
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(b) The executive commissioner may require a person |
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described by Subsection (a) to submit fingerprints in a form and of |
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a quality acceptable to the Department of Public Safety and the |
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Federal Bureau of Investigation for use in conducting a criminal |
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history background check. |
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(c) Information obtained by the executive commissioner |
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under this section may be used only to evaluate the qualification or |
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suitability for employment of persons described by Subsection (a). |
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(d) The executive commissioner shall keep confidential any |
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information obtained under this section and may not release or |
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disclose the information unless: |
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(1) the information is a public record at the time the |
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executive commissioner obtains the information; or |
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(2) the information is released or disclosed: |
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(A) on order of a court; |
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(B) with the consent of the person who is the |
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subject of the information; |
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(C) to a governmental agency entitled to receive |
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such information; or |
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(D) in a criminal proceeding or in a hearing |
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conducted by the commission. |
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(e) Notwithstanding Subsection (d), criminal history record |
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information obtained from the Federal Bureau of Investigation may |
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be released or disclosed only to a governmental entity or as |
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authorized by federal statute, federal rule, or federal executive |
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order. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |