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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.110, Government Code, is amended to |
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read as follows: |
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Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND |
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HUMAN SERVICES COMMISSION. (a) The Department of State Health |
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Services and the Health and Human Services Commission are [is] |
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entitled to obtain from the department criminal history record |
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information maintained by the department that relates to: |
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(1) a person who is: |
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(A) an applicant for a license or certificate |
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under the Emergency Health Care Act (Chapter 773, Health and Safety |
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Code); |
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(B) an owner or manager of an applicant for an |
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emergency medical services provider license under that Act; or |
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(C) the holder of a license or certificate under |
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that Act; |
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(2) an applicant for a license or a license holder |
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under Subchapter N, Chapter 431, Health and Safety Code; |
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(3) [an applicant for a license, the owner or manager
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of an applicant for a massage establishment license, or a license
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holder under Chapter 455, Occupations Code;
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[(4)] an applicant for employment at or current |
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employee of: |
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(A) a public health hospital as defined by |
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Section 13.033, Health and Safety Code; or |
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(B) the South Texas Health Care System; |
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(4) [(5)] an applicant for employment at, current |
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employee of, or person who contracts or may contract to provide |
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goods or services with the Council on Sex Offender Treatment or |
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other division or component of the Health and Human Services |
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Commission [Department of State Health Services] that monitors |
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sexually violent predators as described by Section 841.003(a), |
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Health and Safety Code; or |
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(5) [(6)] a person authorized to access vital records |
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or the vital records electronic registration system under Chapter |
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191, Health and Safety Code, including an employee of or contractor |
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for the Department of State Health Services, a local registrar, a |
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medical professional, or a funeral director. |
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(b) Criminal history record information obtained by the |
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Department of State Health Services or the Health and Human |
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Services Commission under Subsection (a) may not be released or |
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disclosed to any person except on court order, with the written |
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consent of the person or entity that is the subject of the criminal |
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history record information, or as provided by Subsection (e). |
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(c) After an entity is licensed or certified, the Department |
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of State Health Services or the Health and Human Services |
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Commission, as applicable, shall destroy the criminal history |
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record information that relates to that entity. The Department of |
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State Health Services or the Health and Human Services Commission, |
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as applicable, shall destroy the criminal history record |
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information that relates to: |
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(1) an applicant for employment after that applicant |
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is employed or, for an applicant who is not employed, after the |
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check of the criminal history record information on that applicant |
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is completed; or |
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(2) an employee or contractor after the check of the |
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criminal history record information on that employee or contractor |
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is completed. |
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(d) The Department of State Health Services or the Health |
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and Human Services Commission, as applicable, shall destroy |
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criminal history record information that relates to an applicant |
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who is not certified or employed, as applicable. |
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(e) The Department of State Health Services or the Health |
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and Human Services Commission is not prohibited from disclosing |
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criminal history record information obtained under Subsection (a) |
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in a criminal proceeding or in a hearing conducted by the Department |
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of State Health Services or the Health and Human Services |
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Commission, as applicable. |
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(f) The Department of State Health Services or the Health |
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and Human Services Commission may not consider offenses for which |
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points are assessed under Section 708.052, Transportation Code, to |
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determine whether to hire or retain an employee or to contract with |
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a person on whom criminal history record information is obtained |
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under this section. |
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SECTION 2. Section 411.1103, Government Code, is amended to |
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read as follows: |
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Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND |
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HUMAN SERVICES COMMISSION. (a) The Department of State Health |
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Services and the Health and Human Services Commission are [is] |
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entitled to obtain from the department criminal history record |
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information maintained by the department that relates to a person: |
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(1) who is: |
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(A) an applicant for employment at a state |
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hospital; |
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(B) an employee of a state hospital; |
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(C) a person who contracts or may contract to |
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provide goods or services to the Department of State Health |
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Services or the Health and Human Services Commission, as |
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applicable, at a state hospital or an employee of or applicant for |
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employment with that person; |
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(D) a volunteer with a state hospital; or |
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(E) an applicant for a volunteer position with a |
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state hospital; and |
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(2) who would be placed in direct contact with a |
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patient at a state hospital. |
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(b) Criminal history record information obtained by the |
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Department of State Health Services or the Health and Human |
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Services Commission under this section may not be released or |
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disclosed to any person except: |
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(1) on court order; |
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(2) with the consent of the person who is the subject |
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of the criminal history record information; |
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(3) for purposes of an administrative hearing held by |
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the Department of State Health Services or the Health and Human |
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Services Commission, as applicable, concerning the person who is |
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the subject of the criminal history record information; or |
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(4) as provided by Subsection (c). |
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(c) The Department of State Health Services or the Health |
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and Human Services Commission is not prohibited from releasing |
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criminal history record information obtained under this section to |
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the person who is the subject of the criminal history record |
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information. |
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(d) Subject to Section 411.087, the Department of State |
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Health Services and the Health and Human Services Commission are |
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[is] entitled to: |
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(1) obtain through the Federal Bureau of Investigation |
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criminal history record information maintained or indexed by that |
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bureau that pertains to a person described by Subsection (a); and |
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(2) obtain from any other criminal justice agency in |
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this state criminal history record information maintained by that |
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criminal justice agency that relates to a person described by |
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Subsection (a). |
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(e) This section does not prohibit the Department of State |
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Health Services or the Health and Human Services Commission from |
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obtaining and using criminal history record information as provided |
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by other law. |
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SECTION 3. Section 411.1105, Government Code, is amended to |
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read as follows: |
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Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND |
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HUMAN SERVICES COMMISSION. (a) The Department of State Health |
|
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Services and the Health and Human Services Commission are [is] |
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entitled to obtain from the department criminal history record |
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information maintained by the department that relates to a person |
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who is: |
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(1) an applicant for a chemical dependency counselor's |
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license, a counselor intern's registration, or a clinical |
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supervisor certification under Chapter 504, Occupations Code; or |
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(2) the holder of a license, registration, or |
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certification under that chapter. |
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(b) In addition to information obtained from the Federal |
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Bureau of Investigation under Section 411.087, the Department of |
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State Health Services and the Health and Human Services Commission |
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are [is] entitled to obtain information relating to the wanted |
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persons status of an individual listed in Subsection (a). |
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(c) Criminal history record information obtained by the |
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Department of State Health Services or the Health and Human |
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Services Commission under Subsection (a) may not be released or |
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disclosed to any person except on court order, with the consent of |
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the person who is the subject of the criminal history record |
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information, or as provided by Subsection (d). |
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(d) The Department of State Health Services or the Health |
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and Human Services Commission, as applicable, may provide the |
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applicant or licensee with a copy of the person's criminal history |
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record information obtained from the Department of Public Safety, |
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Federal Bureau of Investigation identification division, or |
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another law enforcement agency. |
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SECTION 4. Section 411.1131, Government Code, is amended to |
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read as follows: |
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Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
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ASSISTIVE AND REHABILITATIVE SERVICES]. (a) The Health and Human |
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Services Commission [Department of Assistive and Rehabilitative
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Services] is entitled to obtain from the department criminal |
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history record information maintained by the department that |
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relates to a person who is an applicant for a staff position at an |
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outdoor training program for children who are deaf or hard of |
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hearing conducted by a private entity through a contract with the |
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Health and Human Services Commission [Department of Assistive and
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Rehabilitative Services] in accordance with Section 81.013, Human |
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Resources Code. |
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(b) Criminal history record information obtained by the |
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Health and Human Services Commission [Department of Assistive and
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Rehabilitative Services] under Subsection (a) may be used only to |
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evaluate an applicant for a staff position at an outdoor training |
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program for children who are deaf or hard of hearing. The Health |
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and Human Services Commission [Department of Assistive and
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Rehabilitative Services] may release or disclose the information to |
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a private entity described by Subsection (a) for that purpose. |
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(c) The Health and Human Services Commission [Department of
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Assistive and Rehabilitative Services] may not release or disclose |
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information obtained under Subsection (a), except on court order or |
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with the consent of the person who is the subject of the criminal |
|
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history record information, and shall destroy all criminal history |
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record information obtained under Subsection (a) after the |
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information is used for its authorized purpose. |
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SECTION 5. The heading to Section 411.114, Government Code, |
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is amended to read as follows: |
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Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND |
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HEALTH AND HUMAN SERVICES COMMISSION. |
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SECTION 6. Sections 411.114(a), (b), and (c), Government |
|
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Code, are amended to read as follows: |
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(a)(1) In this subsection: |
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(A) "Child," "child-care facility," |
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"child-placing agency," "facility," and "family home" have the |
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meanings assigned by Section 42.002, Human Resources Code. |
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(A-1) "Department of Family and Protective |
|
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Services" includes: |
|
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(i) the Department of Family and Protective |
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Services as authorized by Section 40.002, Human Resources Code; and |
|
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(ii) [the Health and Human Services
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|
Commission with respect to a function transferred to the commission
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under Subchapter A-1, Chapter 531; and
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[(iii)] any person or entity acting as an |
|
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authorized agent of the Department of Family and Protective |
|
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Services. |
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(B) "Elderly person" has the meaning assigned by |
|
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Section 48.002, Human Resources Code. |
|
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(D) "Person with a disability" has the meaning |
|
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assigned [means a disabled person as defined] by Section 48.002, |
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Human Resources Code. |
|
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(2) The Department of Family and Protective Services |
|
|
or the Health and Human Services Commission, as applicable, shall |
|
|
obtain from the department criminal history record information |
|
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maintained by the department that relates to a person who is: |
|
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(A) an applicant for a license, registration, |
|
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certification, or listing under Chapter 42, Human Resources Code; |
|
|
(B) an owner, operator, or employee of or an |
|
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applicant for employment by a child-care facility, child-placing |
|
|
agency, or family home licensed, registered, certified, or listed |
|
|
under Chapter 42, Human Resources Code; |
|
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(C) a person 14 years of age or older who will be |
|
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regularly or frequently working or staying in a facility or family |
|
|
home, other than a child in the care of the home or facility; |
|
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(D) [except as provided by Subsection (d),] an |
|
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applicant selected for a position with the Department of Family and |
|
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Protective Services or the Health and Human Services Commission, |
|
|
the duties of which include direct delivery of protective services |
|
|
to children, elderly persons, or persons with a disability; |
|
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(E) an employee of, an applicant for employment |
|
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with, or a volunteer or an applicant volunteer with a business |
|
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entity or person that contracts with the Department of Family and |
|
|
Protective Services or the Health and Human Services Commission to |
|
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provide direct delivery of protective services to children, elderly |
|
|
persons, or persons with a disability, if the person's duties or |
|
|
responsibilities include direct contact with children, elderly |
|
|
persons, or persons with a disability; |
|
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(F) a registered volunteer with the Department of |
|
|
Family and Protective Services or the Health and Human Services |
|
|
Commission; |
|
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(G) a person providing or applying to provide |
|
|
in-home, adoptive, or foster care for children in the care of the |
|
|
Department of Family and Protective Services or the Health and |
|
|
Human Services Commission and other persons living in the residence |
|
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in which the child will reside; |
|
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(H) a Department of Family and Protective |
|
|
Services employee or a Health and Human Services Commission |
|
|
employee who is engaged in the direct delivery of protective |
|
|
services to children, elderly persons, or persons with a |
|
|
disability; |
|
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(I) an alleged perpetrator in a report the |
|
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Department of Family and Protective Services or the Health and |
|
|
Human Services Commission receives alleging that the person has |
|
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abused, neglected, or exploited a child, an elderly person, or a |
|
|
person with a disability, provided that: |
|
|
(i) the report alleges the person has |
|
|
engaged in conduct that meets the applicable definition of abuse, |
|
|
neglect, or exploitation under Chapter 261, Family Code, or Chapter |
|
|
48, Human Resources Code; and |
|
|
(ii) the person is not also the victim of |
|
|
the alleged conduct; |
|
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(J) a person providing child care for a child who |
|
|
is in the care of the Department of Family and Protective Services |
|
|
or the Health and Human Services Commission and who is or will be |
|
|
receiving adoptive, foster, or in-home care; |
|
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(K) through a contract with a nonprofit |
|
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management center, an employee of, an applicant for employment |
|
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with, or a volunteer or an applicant volunteer with a nonprofit, |
|
|
tax-exempt organization that provides any service that involves the |
|
|
care of or access to a child, an elderly person, or a person with a |
|
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disability; or |
|
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(L) an applicant for a child-care administrator |
|
|
or child-placing agency administrator license under Chapter 43, |
|
|
Human Resources Code. |
|
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(3) In addition to the criminal history record |
|
|
information the Department of Family and Protective Services or the |
|
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Health and Human Services Commission is required to obtain under |
|
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Subdivision (2), the Department of Family and Protective Services |
|
|
or the Health and Human Services Commission, as applicable, is |
|
|
entitled to obtain from the department criminal history record |
|
|
information maintained by the department that relates to a person |
|
|
who is: |
|
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(A) an applicant for a position with the |
|
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Department of Family and Protective Services or the Health and |
|
|
Human Services Commission regardless of the duties of the position, |
|
|
including a position described by Subdivision (2)(D); |
|
|
(B) a Department of Family and Protective |
|
|
Services employee or a Health and Human Services Commission |
|
|
employee regardless of the duties of the employee's position, |
|
|
including an employee described by Subdivision (2)(H); |
|
|
(C) a volunteer or applicant volunteer with the |
|
|
Department of Family and Protective Services or the Health and |
|
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Human Services Commission regardless of the duties to be performed, |
|
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including a registered volunteer; |
|
|
(D) an employee of, an applicant for employment |
|
|
with, or a volunteer or an applicant volunteer with an entity or |
|
|
person that contracts with the Department of Family and Protective |
|
|
Services or the Health and Human Services Commission, as |
|
|
applicable, and has access to confidential information in that |
|
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[the] department's or commission's records, if the employee, |
|
|
applicant, volunteer, or applicant volunteer has or will have |
|
|
access to that confidential information; |
|
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(E) a person living in the residence in which the |
|
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alleged victim of the report resides, including an alleged |
|
|
perpetrator in a report described by Subdivision (2)(I); |
|
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(F) a person providing, at the request of the |
|
|
child's parent, in-home care for a child who is the subject of a |
|
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report alleging the child has been abused or neglected; |
|
|
(G) a person providing, at the request of the |
|
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child's parent, in-home care for a child only if the person gives |
|
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written consent to the release and disclosure of the information; |
|
|
(H) a child who is related to the caretaker, as |
|
|
determined under Section 42.002, Human Resources Code, or any other |
|
|
person who resides in, is present in, or has unsupervised access to |
|
|
a child in the care of a facility or family home; |
|
|
(I) a relative of a child in the care of the |
|
|
Department of Family and Protective Services or the Health and |
|
|
Human Services Commission, as applicable, to the extent necessary |
|
|
to comply with Section 162.007, Family Code; |
|
|
(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 person who volunteers to supervise |
|
|
visitation under Subchapter B, Chapter 263, Family Code; |
|
|
(L) an employee of or volunteer at, or an |
|
|
applicant for employment with or to be a volunteer at, an entity |
|
|
that provides supervised independent living services to a young |
|
|
adult receiving extended foster care services from the Department |
|
|
of Family and Protective Services or the Health and Human Services |
|
|
Commission, as applicable; |
|
|
(M) a person 14 years of age or older who will be |
|
|
regularly or frequently working or staying in a host home that is |
|
|
providing supervised independent living services to a young adult |
|
|
receiving extended foster care services from the Department of |
|
|
Family and Protective Services or the Health and Human Services |
|
|
Commission, as applicable; |
|
|
(N) a volunteer or applicant volunteer with a |
|
|
local affiliate in this state of Big Brothers Big Sisters of |
|
|
America; |
|
|
(O) a volunteer or applicant volunteer with an |
|
|
organization that provides court-appointed volunteer advocates for |
|
|
abused or neglected children; or |
|
|
(P) an employee, volunteer, or applicant |
|
|
volunteer of a children's advocacy center under Subchapter E, |
|
|
Chapter 264, Family Code, including a member of the governing board |
|
|
of a center. |
|
|
(4) Subject to Section 411.087, the Department of |
|
|
Family and Protective Services and the Health and Human Services |
|
|
Commission are [is] entitled to: |
|
|
(A) obtain through the Federal Bureau of |
|
|
Investigation criminal history record information maintained or |
|
|
indexed by that bureau that pertains to a person described by |
|
|
Subdivision (2) or (3); and |
|
|
(B) obtain from any other criminal justice agency |
|
|
in this state criminal history record information maintained by |
|
|
that criminal justice agency that relates to a person described by |
|
|
Subdivision (2) or (3). Law enforcement entities shall expedite |
|
|
the furnishing of such information to Department of Family and |
|
|
Protective Services workers or Health and Human Services Commission |
|
|
workers, as applicable, to ensure prompt criminal background checks |
|
|
for the safety of alleged victims and Department of Family and |
|
|
Protective Services workers or Health and Human Services Commission |
|
|
workers, as applicable. |
|
|
(5) The Department of Family and Protective Services |
|
|
or the Health and Human Services Commission may not use the |
|
|
authority granted under this section to harass an employee or |
|
|
volunteer. The commissioner of the Department of Family and |
|
|
Protective Services or the executive commissioner of the Health and |
|
|
Human Services Commission, as applicable, shall adopt rules to |
|
|
prevent the harassment of an employee or volunteer through the |
|
|
request and use of criminal records. |
|
|
(6) Criminal history record information obtained by |
|
|
the Department of Family and Protective Services or the Health and |
|
|
Human Services Commission under this subsection may not be released |
|
|
to any person except: |
|
|
(A) on court order; |
|
|
(B) with the consent of the person who is the |
|
|
subject of the criminal history record information; |
|
|
(C) for purposes of an administrative hearing |
|
|
held by the Department of Family and Protective Services or the |
|
|
Health and Human Services Commission, as applicable, concerning the |
|
|
person who is the subject of the criminal history record |
|
|
information; or |
|
|
(D) as provided by Subdivision (7). |
|
|
(7) Subject to Subdivision (8), the [The] Department |
|
|
of Family and Protective Services or the Health and Human Services |
|
|
Commission, as applicable, is not prohibited from releasing |
|
|
criminal history record information obtained under this subsection |
|
|
to: |
|
|
(A) the person who is the subject of the criminal |
|
|
history record information; |
|
|
(B) a child-placing agency listed in Subdivision |
|
|
(2) that is seeking to verify or approve a foster or adoptive home |
|
|
under procedures authorized by federal law [Section 471(a)(20)(A),
|
|
|
Social Security Act (42 U.S.C. Section 671(a)(20)(A))]; |
|
|
(C) an adult who resides with an alleged victim |
|
|
of abuse, neglect, or exploitation of a child, elderly person, or |
|
|
person with a disability and who also resides with the alleged |
|
|
perpetrator of that abuse, neglect, or exploitation if: |
|
|
(i) the alleged perpetrator is the subject |
|
|
of the criminal history record information; and |
|
|
(ii) the Department of Family and |
|
|
Protective Services or the Health and Human Services Commission, as |
|
|
applicable, determines that the release of information to the adult |
|
|
is necessary to ensure the safety or welfare of the alleged victim |
|
|
or the adult; or |
|
|
(D) an elderly person or a [disabled] person with |
|
|
a disability who is an alleged victim of abuse, neglect, or |
|
|
exploitation and who resides with the alleged perpetrator of that |
|
|
abuse, neglect, or exploitation if: |
|
|
(i) the alleged perpetrator is the subject |
|
|
of the criminal history record information; and |
|
|
(ii) the Department of Family and |
|
|
Protective Services or the Health and Human Services Commission, as |
|
|
applicable, determines that the release of information to the |
|
|
[elderly or disabled] person [or adult] is necessary to ensure the |
|
|
safety or welfare of the [elderly or disabled] person. |
|
|
(8) The Department of Family and Protective Services |
|
|
or the Health and Human Services Commission may only release to a |
|
|
person described by Subdivision (7)(C) or (D) criminal history |
|
|
record information that that department or commission obtains from |
|
|
the Department of Public Safety's computerized criminal history |
|
|
system. |
|
|
(b) The failure or refusal to provide a complete set of |
|
|
fingerprints or a complete name on request constitutes good cause |
|
|
for dismissal or refusal to hire, as applicable, with regard to a |
|
|
volunteer of or an employee or applicant for permanent or temporary |
|
|
employment with the Department of Family and Protective Services or |
|
|
the Health and Human Services Commission, as applicable, or a |
|
|
facility, home, business, or other entity, if the volunteer |
|
|
position, employment, or potential employment involves direct |
|
|
interaction with or the opportunity to interact and associate with |
|
|
children. |
|
|
(c) The Department of Family and Protective Services or the |
|
|
Health and Human Services Commission, as applicable, may charge an |
|
|
organization or person that requests criminal history record |
|
|
information under Subsection (a)(3) a fee in an amount necessary to |
|
|
cover the costs of obtaining the information on the organization's |
|
|
or person's behalf. |
|
|
SECTION 7. Section 411.1142, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD: |
|
|
[INTERAGENCY COUNCIL ON] EARLY CHILDHOOD INTERVENTION PROGRAM |
|
|
WITHIN HEALTH AND HUMAN SERVICES COMMISSION. (a) The [Interagency
|
|
|
Council on] Early Childhood Intervention program within the Health |
|
|
and Human Services Commission is entitled to obtain criminal |
|
|
history record information maintained by the Department of Public |
|
|
Safety, the Federal Bureau of Investigation identification |
|
|
division, or another law enforcement agency that relates to an |
|
|
employee or an applicant for permanent, temporary, or consultative |
|
|
employment or for volunteer positions whose employment or potential |
|
|
employment or volunteer position with the program [council] or a |
|
|
local provider involves the delivery of early childhood |
|
|
intervention services or involves direct interactions with or the |
|
|
opportunity to interact and associate with children. |
|
|
(b) Criminal history record information obtained by the |
|
|
Health and Human Services Commission [council] under Subsection (a) |
|
|
may not be released or disclosed to any person except on court |
|
|
order, with the consent of the person who is the subject of the |
|
|
criminal history record information, or as provided by Subsection |
|
|
(d). |
|
|
(c) The Health and Human Services Commission [council] |
|
|
shall destroy criminal history record information that relates to a |
|
|
person after the information is used for its authorized purpose. |
|
|
(d) The Health and Human Services Commission [council] may |
|
|
provide the applicant, employee, professional consultant, or |
|
|
volunteer with a copy of the person's criminal history record |
|
|
information obtained from the Department of Public Safety, Federal |
|
|
Bureau of Investigation identification division, or another law |
|
|
enforcement agency. |
|
|
(e) The failure or refusal to provide a complete set of |
|
|
fingerprints or a complete name on request constitutes good cause |
|
|
for dismissal or refusal to hire, as applicable, with regard to |
|
|
program [council] employees, professional consultants, and |
|
|
applicants for permanent, temporary, or consultative employment or |
|
|
for volunteer positions whose employment or potential employment or |
|
|
volunteer position with the Health and Human Services Commission |
|
|
[council] or a local provider involves the delivery of early |
|
|
childhood intervention services or involves direct interactions |
|
|
with or the opportunity to interact and associate with children. |
|
|
SECTION 8. Sections 411.1144(a) and (d), Government Code, |
|
|
are amended to read as follows: |
|
|
(a) The Department of State Health Services[, the
|
|
|
Department of Aging and Disability Services,] and the Health and |
|
|
Human Services Commission are entitled to obtain from the |
|
|
department criminal history record information maintained by the |
|
|
department that relates to a person: |
|
|
(1) who is: |
|
|
(A) an applicant for employment with the agency; |
|
|
(B) an employee of the agency; |
|
|
(C) a volunteer with the agency; |
|
|
(D) an applicant for a volunteer position with |
|
|
the agency; |
|
|
(E) an applicant for a contract with the agency; |
|
|
or |
|
|
(F) a contractor of the agency; and |
|
|
(2) who would be placed in direct contact with a |
|
|
resident or client, as defined by Section 555.001, Health and |
|
|
Safety Code. |
|
|
(d) Subject to Section 411.087, the Department of State |
|
|
Health Services[, the Department of Aging and Disability Services,] |
|
|
and the Health and Human Services Commission are entitled to: |
|
|
(1) obtain through the Federal Bureau of Investigation |
|
|
criminal history record information maintained or indexed by that |
|
|
bureau that pertains to a person described by Subsection (a); and |
|
|
(2) obtain from any other criminal justice agency in |
|
|
this state criminal history record information maintained by that |
|
|
criminal justice agency that relates to a person described by |
|
|
Subsection (a). |
|
|
SECTION 9. Section 411.115, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: [TEXAS] DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH |
|
|
AND HUMAN SERVICES COMMISSION [MENTAL HEALTH AND MENTAL
|
|
|
RETARDATION]; LOCAL AUTHORITIES; COMMUNITY CENTERS. (a) In this |
|
|
section, "local mental health authority," "local intellectual and |
|
|
developmental disability [mental retardation] authority," and |
|
|
"community center" have the meanings assigned by Section 531.002, |
|
|
Health and Safety Code. |
|
|
(b) The [Texas] Department of State Health Services, the |
|
|
Health and Human Services Commission [Mental Health and Mental
|
|
|
Retardation], a local mental health or intellectual and |
|
|
developmental disability [mental retardation] authority, or a |
|
|
community center, as applicable, is entitled to obtain from the |
|
|
department criminal history record information maintained by the |
|
|
department that relates to a person: |
|
|
(1) who is: |
|
|
(A) an applicant for employment with the [Texas] |
|
|
Department of State Health Services, the Health and Human Services |
|
|
Commission [Mental Health and Mental Retardation], a local mental |
|
|
health or intellectual and developmental disability [mental
|
|
|
retardation] authority, or a community center; |
|
|
(B) an employee of the [Texas] Department of |
|
|
State Health Services, the Health and Human Services Commission |
|
|
[Mental Health and Mental Retardation], a local mental health or |
|
|
intellectual and developmental disability [mental retardation] |
|
|
authority, or a community center; |
|
|
(C) an applicant for employment with or an |
|
|
employee of a business or person that contracts with the [Texas] |
|
|
Department of State Health Services, the Health and Human Services |
|
|
Commission [Mental Health and Mental Retardation], a local mental |
|
|
health or intellectual and developmental disability [mental
|
|
|
retardation] authority, or a community center to provide |
|
|
residential services to patients with mental illness or clients |
|
|
with an intellectual or developmental disability [mental
|
|
|
retardation] who were furloughed or discharged from a [Texas] |
|
|
Department of State Health Services facility, a Health and Human |
|
|
Services Commission facility, [Mental Health and Mental
|
|
|
Retardation facility] or a community center, as applicable; |
|
|
(D) a volunteer with the [Texas] Department of |
|
|
State Health Services, the Health and Human Services Commission |
|
|
[Mental Health and Mental Retardation], a local mental health or |
|
|
intellectual and developmental disability [mental retardation] |
|
|
authority, or a community center; or |
|
|
(E) a volunteer applicant; and |
|
|
(2) who would be placed in direct contact with |
|
|
patients with mental illness or clients with an intellectual or |
|
|
developmental disability [mental retardation]. |
|
|
(d) Criminal history record information obtained by the |
|
|
Department of State Health Services, the Health and Human Services |
|
|
Commission [mental health department], a local mental health or |
|
|
intellectual and developmental disability [mental retardation] |
|
|
authority, or a community center under Subsection (b) may not be |
|
|
released or disclosed to a person, other than the contractor that |
|
|
employs the person who is the subject of the criminal history record |
|
|
information, except on court order or with the consent of the person |
|
|
who is the subject of the criminal history record information. |
|
|
(e) The [Texas] Department of State Health Services, the |
|
|
Health and Human Services Commission [Mental Health and Mental
|
|
|
Retardation], a local mental health or intellectual and |
|
|
developmental disability [mental retardation] authority, or a |
|
|
community center, as applicable, shall collect and destroy criminal |
|
|
history record information that relates to a person immediately |
|
|
after making an employment decision or taking a personnel action |
|
|
relating to the person who is the subject of the criminal history |
|
|
record information. |
|
|
SECTION 10. Section 411.117, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND TEXAS |
|
|
WORKFORCE COMMISSION [DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
|
|
|
SERVICES]. The Health and Human Services Commission and the Texas |
|
|
Workforce Commission are [Department of Assistive and
|
|
|
Rehabilitative Services 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 services of the Health and Human |
|
|
Services Commission or the Texas Workforce Commission, as |
|
|
applicable [Department of Assistive and Rehabilitative Services]; |
|
|
(2) a client of the Health and Human Services |
|
|
Commission or the Texas Workforce Commission, as applicable |
|
|
[Department of Assistive and Rehabilitative Services]; or |
|
|
(3) an applicant for employment whose potential duties |
|
|
include direct contact with clients of the Health and Human |
|
|
Services Commission or the Texas Workforce Commission, as |
|
|
applicable [Department of Assistive and Rehabilitative Services]. |
|
|
SECTION 11. Section 411.122(d), Government Code, is amended |
|
|
to read as follows: |
|
|
(d) The following state agencies are subject to this |
|
|
section: |
|
|
(1) Texas Appraiser Licensing and Certification |
|
|
Board; |
|
|
(2) Texas Board of Architectural Examiners; |
|
|
(3) Texas Board of Chiropractic Examiners; |
|
|
(4) State Board of Dental Examiners; |
|
|
(5) Texas Board of Professional Engineers; |
|
|
(6) Texas Funeral Service Commission; |
|
|
(7) Texas Board of Professional Geoscientists; |
|
|
(8) Health and Human Services Commission and the |
|
|
Department of State Health Services, except as provided by Section |
|
|
411.110, and agencies attached to that commission [the department], |
|
|
including: |
|
|
(A) Texas State Board of Examiners of Marriage |
|
|
and Family Therapists; |
|
|
(B) Texas State Board of Examiners of |
|
|
Professional Counselors; and |
|
|
(C) Texas State Board of Social Worker Examiners; |
|
|
(9) Texas Board of Professional Land Surveying; |
|
|
(10) Texas Department of Licensing and Regulation, |
|
|
except as provided by Section 411.093; |
|
|
(11) Texas Commission on Environmental Quality; |
|
|
(12) Texas Board of Occupational Therapy Examiners; |
|
|
(13) Texas Optometry Board; |
|
|
(14) Texas State Board of Pharmacy; |
|
|
(15) Texas Board of Physical Therapy Examiners; |
|
|
(16) Texas State Board of Plumbing Examiners; |
|
|
(17) [Texas State Board of Podiatric Medical
|
|
|
Examiners;
|
|
|
[(18)] Texas State Board of Examiners of |
|
|
Psychologists; |
|
|
(18) [(19)] Texas Real Estate Commission; |
|
|
(19) [(20)] Texas Department of Transportation; |
|
|
(20) [(21)] State Board of Veterinary Medical |
|
|
Examiners; |
|
|
(21) [(22)] Texas Department of Housing and Community |
|
|
Affairs; |
|
|
(22) [(23)] secretary of state; |
|
|
(23) [(24)] state fire marshal; |
|
|
(24) [(25)] Texas Education Agency; |
|
|
(25) [(26)] Department of Agriculture; and |
|
|
(26) [(27)] Texas Department of Motor Vehicles. |
|
|
SECTION 12. The heading to Section 411.1386, Government |
|
|
Code, is amended to read as follows: |
|
|
Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION |
|
|
[DEPARTMENT OF AGING AND DISABILITY SERVICES]; GUARDIANSHIPS. |
|
|
SECTION 13. Sections 411.1386(a-1), (a-2), (a-4), (e), and |
|
|
(i), Government Code, are amended to read as follows: |
|
|
(a-1) The Health and Human Services Commission [Department
|
|
|
of Aging and Disability Services] shall obtain from the Department |
|
|
of Public Safety criminal history record information maintained by |
|
|
the Department of Public Safety that relates to each individual who |
|
|
is or will be providing guardianship services to a ward of or |
|
|
referred by the Health and Human Services Commission [Department of
|
|
|
Aging and Disability Services], including: |
|
|
(1) an employee of or an applicant selected for an |
|
|
employment position with the Health and Human Services Commission |
|
|
[Department of Aging and Disability Services]; |
|
|
(2) a volunteer or an applicant selected to volunteer |
|
|
with the Health and Human Services Commission [Department of Aging
|
|
|
and Disability Services]; |
|
|
(3) an employee of or an applicant selected for an |
|
|
employment position with a business entity or other person that |
|
|
contracts with the Health and Human Services Commission [Department
|
|
|
of Aging and Disability Services] to provide guardianship services |
|
|
to a ward referred by that commission [the department]; |
|
|
(4) a volunteer or an applicant selected to volunteer |
|
|
with a business entity or person described by Subdivision (3); and |
|
|
(5) a contractor or an employee of a contractor who |
|
|
provides services to a ward of the Health and Human Services |
|
|
Commission [Department of Aging and Disability Services] under a |
|
|
contract with the estate of the ward. |
|
|
(a-2) The information in Subsection (a-1) regarding |
|
|
applicants for employment positions must be obtained before an |
|
|
offer of employment, and the information regarding applicant |
|
|
volunteers must be obtained before the person's contact with a ward |
|
|
of or referred by the Health and Human Services Commission |
|
|
[Department of Aging and Disability Services]. |
|
|
(a-4) The Health and Human Services Commission [Department
|
|
|
of Aging and Disability Services] shall provide the information |
|
|
obtained under Subsection (a-1) to: |
|
|
(1) the clerk of the county having venue over the |
|
|
guardianship proceeding at the request of the court; and |
|
|
(2) the guardianship certification program of the |
|
|
Judicial Branch Certification Commission at the request of the |
|
|
Judicial Branch Certification Commission [commission]. |
|
|
(e) The court, as that term is defined by Section 1002.008, |
|
|
Estates Code, shall use the information obtained or provided under |
|
|
Subsection (a), (a-4)(1), (a-5), or (a-6) only in determining |
|
|
whether to: |
|
|
(1) appoint, remove, or continue the appointment of a |
|
|
private professional guardian, a guardianship program, or the |
|
|
Health and Human Services Commission [Department of Aging and
|
|
|
Disability Services]; or |
|
|
(2) appoint any other person proposed to serve as a |
|
|
guardian under Title 3, Estates Code, including a proposed |
|
|
temporary guardian and a proposed successor guardian, other than an |
|
|
attorney. |
|
|
(i) This section does not prohibit the Health and Human |
|
|
Services Commission [Department of Aging and Disability Services] |
|
|
from obtaining and using criminal history record information as |
|
|
provided by other law. |
|
|
SECTION 14. The heading to Section 411.13861, Government |
|
|
Code, is amended to read as follows: |
|
|
Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
|
|
|
AGING AND DISABILITY SERVICES]. |
|
|
SECTION 15. Sections 411.13861(a), (b), (c), (d), and (f), |
|
|
Government Code, are amended to read as follows: |
|
|
(a) The Health and Human Services Commission [Department of
|
|
|
Aging and Disability Services] is entitled to obtain from the |
|
|
Department of Public Safety criminal history record information |
|
|
maintained by the Department of Public Safety that relates to a |
|
|
person: |
|
|
(1) required to undergo a background and criminal |
|
|
history check under Chapter 248A, Health and Safety Code; |
|
|
(2) who seeks unsupervised visits with a ward of the |
|
|
Health and Human Services Commission [department], including a |
|
|
relative of the ward; |
|
|
(3) who is an applicant for employment with the Health |
|
|
and Human Services Commission [Department of Aging and Disability
|
|
|
Services] for a position in which the person, as an employee, would |
|
|
have direct access to residents or clients of a facility regulated |
|
|
by the Health and Human Services Commission [department], as |
|
|
determined by the executive commissioner of that commission [aging
|
|
|
and disability services]; or |
|
|
(4) who is an employee of the Health and Human Services |
|
|
Commission [Department of Aging and Disability Services] and who |
|
|
has direct access to residents or clients of a facility regulated by |
|
|
that commission [the department], as determined by the executive |
|
|
commissioner of that commission [aging and disability services]. |
|
|
(b) Criminal history record information obtained under |
|
|
Subsection (a) is for the exclusive use of the Health and Human |
|
|
Services Commission [Department of Aging and Disability Services] |
|
|
and is privileged and confidential. |
|
|
(c) Criminal history record information obtained under |
|
|
Subsection (a) may not be released or disclosed to any person or |
|
|
agency except on court order or with the consent of the person who |
|
|
is the subject of the information. The Health and Human Services |
|
|
Commission [Department of Aging and Disability Services] may |
|
|
destroy the criminal history record information after the |
|
|
information is used for the purposes authorized by this section. |
|
|
(d) This section does not prohibit the Health and Human |
|
|
Services Commission [Department of Aging and Disability Services] |
|
|
from obtaining and using criminal history record information as |
|
|
provided by other law. |
|
|
(f) Notwithstanding Subsection (c), the Health and Human |
|
|
Services Commission [Department of Aging and Disability Services] |
|
|
shall destroy information obtained under Subsection (a)(3) or (4) |
|
|
after the information is used for the purposes authorized by this |
|
|
section. |
|
|
SECTION 16. Section 411.114(d), Government Code, is |
|
|
repealed. |
|
|
SECTION 17. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 86th Legislature, Regular Session, 2019, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 18. 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, 2019. |