86R21934 KKR-F
 
  By: Turner of Dallas, Davis of Harris, H.B. No. 3699
      Sheffield, Cortez
 
  Substitute the following for H.B. No. 3699:
 
  By:  Sheffield C.S.H.B. No. 3699
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the authority of the Health and Human Services
  Commission to obtain criminal history record information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.110, Government Code, is amended to
  read as follows:
         Sec. 411.110.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
  HUMAN SERVICES COMMISSION. (a) The Department of State Health
  Services and the Health and Human Services Commission are [is]
  entitled to obtain from the department criminal history record
  information maintained by the department that relates to:
               (1)  a person who is:
                     (A)  an applicant for a license or certificate
  under the Emergency Health Care Act (Chapter 773, Health and Safety
  Code);
                     (B)  an owner or manager of an applicant for an
  emergency medical services provider license under that Act; or
                     (C)  the holder of a license or certificate under
  that Act;
               (2)  an applicant for a license or a license holder
  under Subchapter N, Chapter 431, Health and Safety Code;
               (3)  [an applicant for a license, the owner or manager
  of an applicant for a massage establishment license, or a license
  holder under Chapter 455, Occupations Code;
               [(4)]  an applicant for employment at or current
  employee of:
                     (A)  a public health hospital as defined by
  Section 13.033, Health and Safety Code; or
                     (B)  the South Texas Health Care System;
               (4) [(5)]  an applicant for employment at, current
  employee of, or person who contracts or may contract to provide
  goods or services with the Council on Sex Offender Treatment or
  other division or component of the Health and Human Services
  Commission [Department of State Health Services] that monitors
  sexually violent predators as described by Section 841.003(a),
  Health and Safety Code; or
               (5) [(6)]  a person authorized to access vital records
  or the vital records electronic registration system under Chapter
  191, Health and Safety Code, including an employee of or contractor
  for the Department of State Health Services, a local registrar, a
  medical professional, or a funeral director.
         (b)  Criminal history record information obtained by the
  Department of State Health Services or the Health and Human
  Services Commission under Subsection (a) may not be released or
  disclosed to any person except on court order, with the written
  consent of the person or entity that is the subject of the criminal
  history record information, or as provided by Subsection (e).
         (c)  After an entity is licensed or certified, the Department
  of State Health Services or the Health and Human Services
  Commission, as applicable, shall destroy the criminal history
  record information that relates to that entity. The Department of
  State Health Services or the Health and Human Services Commission,
  as applicable, shall destroy the criminal history record
  information that relates to:
               (1)  an applicant for employment after that applicant
  is employed or, for an applicant who is not employed, after the
  check of the criminal history record information on that applicant
  is completed; or
               (2)  an employee or contractor after the check of the
  criminal history record information on that employee or contractor
  is completed.
         (d)  The Department of State Health Services or the Health
  and Human Services Commission, as applicable, shall destroy
  criminal history record information that relates to an applicant
  who is not certified or employed, as applicable.
         (e)  The Department of State Health Services or the Health
  and Human Services Commission is not prohibited from disclosing
  criminal history record information obtained under Subsection (a)
  in a criminal proceeding or in a hearing conducted by the Department
  of State Health Services or the Health and Human Services
  Commission, as applicable.
         (f)  The Department of State Health Services or the Health
  and Human Services Commission may not consider offenses for which
  points are assessed under Section 708.052, Transportation Code, to
  determine whether to hire or retain an employee or to contract with
  a person on whom criminal history record information is obtained
  under this section.
         SECTION 2.  Section 411.1103, Government Code, is amended to
  read as follows:
         Sec. 411.1103.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
  HUMAN SERVICES COMMISSION. (a) The Department of State Health
  Services and the Health and Human Services Commission are [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 at a state
  hospital;
                     (B)  an employee of a state hospital;
                     (C)  a person who contracts or may contract to
  provide goods or services to the Department of State Health
  Services or the Health and Human Services Commission, as
  applicable, at a state hospital or an employee of or applicant for
  employment with that person;
                     (D)  a volunteer with a state hospital; or
                     (E)  an applicant for a volunteer position with a
  state hospital; and
               (2)  who would be placed in direct contact with a
  patient at a state hospital.
         (b)  Criminal history record information obtained by the
  Department of State Health Services or the Health and Human
  Services Commission under this section may not be released or
  disclosed to any person except:
               (1)  on court order;
               (2)  with the consent of the person who is the subject
  of the criminal history record information;
               (3)  for purposes of an administrative hearing held by
  the Department of State Health Services or the Health and Human
  Services Commission, as applicable, concerning the person who is
  the subject of the criminal history record information; or
               (4)  as provided by Subsection (c).
         (c)  The Department of State Health Services or the Health
  and Human Services Commission is not prohibited from releasing
  criminal history record information obtained under this section to
  the person who is the subject of the criminal history record
  information.
         (d)  Subject to Section 411.087, the Department of State
  Health Services and the Health and Human Services Commission are
  [is] 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).
         (e)  This section does not prohibit the Department of State
  Health Services or the Health and Human Services Commission from
  obtaining and using criminal history record information as provided
  by other law.
         SECTION 3.  Section 411.1105, Government Code, is amended to
  read as follows:
         Sec. 411.1105.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
  HUMAN SERVICES COMMISSION. (a) The Department of State Health
  Services and the Health and Human Services Commission are [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 a chemical dependency counselor's
  license, a counselor intern's registration, or a clinical
  supervisor certification under Chapter 504, Occupations Code; or
               (2)  the holder of a license, registration, or
  certification under that chapter.
         (b)  In addition to information obtained from the Federal
  Bureau of Investigation under Section 411.087, the Department of
  State Health Services and the Health and Human Services Commission
  are [is] entitled to obtain information relating to the wanted
  persons status of an individual listed in Subsection (a).
         (c)  Criminal history record information obtained by the
  Department of State Health Services or the Health and Human
  Services Commission 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).
         (d)  The Department of State Health Services or the Health
  and Human Services Commission, as applicable, may provide the
  applicant or licensee 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.
         SECTION 4.  Section 411.1131, Government Code, is amended to
  read as follows:
         Sec. 411.1131.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
  ASSISTIVE AND REHABILITATIVE SERVICES]. (a) The Health and Human
  Services Commission [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 an applicant for a staff position at an
  outdoor training program for children who are deaf or hard of
  hearing conducted by a private entity through a contract with the
  Health and Human Services Commission [Department of Assistive and
  Rehabilitative Services] in accordance with Section 81.013, Human
  Resources Code.
         (b)  Criminal history record information obtained by the
  Health and Human Services Commission [Department of Assistive and
  Rehabilitative Services] under Subsection (a) may be used only to
  evaluate an applicant for a staff position at an outdoor training
  program for children who are deaf or hard of hearing. The Health
  and Human Services Commission [Department of Assistive and
  Rehabilitative Services] may release or disclose the information to
  a private entity described by Subsection (a) for that purpose.
         (c)  The Health and Human Services Commission [Department of
  Assistive and Rehabilitative Services] may not release or disclose
  information obtained under Subsection (a), except on court order or
  with the consent of the person who is the subject of the criminal
  history record information, and shall destroy all criminal history
  record information obtained under Subsection (a) after the
  information is used for its authorized purpose.
         SECTION 5.  The heading to Section 411.114, Government Code,
  is amended to read as follows:
         Sec. 411.114.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND
  HEALTH AND HUMAN SERVICES COMMISSION.
         SECTION 6.  Sections 411.114(a), (b), and (c), Government
  Code, are amended to read as follows:
         (a)(1)  In this subsection:
                     (A)  "Child," "child-care facility,"
  "child-placing agency," "facility," and "family home" have the
  meanings assigned by Section 42.002, Human Resources Code.
                     (A-1)  "Department of Family and Protective
  Services" includes:
                           (i)  the Department of Family and Protective
  Services as authorized by Section 40.002, Human Resources Code; and
                           (ii)  [the Health and Human Services
  Commission with respect to a function transferred to the commission
  under Subchapter A-1, Chapter 531; and
                           [(iii)]  any person or entity acting as an
  authorized agent of the Department of Family and Protective
  Services.
                     (B)  "Elderly person" has the meaning assigned by
  Section 48.002, Human Resources Code.
                     (D)  "Person with a disability" has the meaning
  assigned [means a disabled person as defined] by Section 48.002,
  Human Resources Code.
               (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
  maintained by the department that relates to a person who is:
                     (A)  an applicant for a license, registration,
  certification, or listing under Chapter 42, Human Resources Code;
                     (B)  an owner, operator, or employee of or an
  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;
                     (C)  a person 14 years of age or older who will be
  regularly or frequently working or staying in a facility or family
  home, other than a child in the care of the home or facility;
                     (D)  [except as provided by Subsection (d),] an
  applicant selected for a position with the Department of Family and
  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;
                     (E)  an employee of, an applicant for employment
  with, or a volunteer or an applicant volunteer with a business
  entity or person that contracts with the Department of Family and
  Protective Services or the Health and Human Services Commission to
  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;
                     (F)  a registered volunteer with the Department of
  Family and Protective Services or the Health and Human Services
  Commission;
                     (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
  in which the child will reside;
                     (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;
                     (I)  an alleged perpetrator in a report the
  Department of Family and Protective Services or the Health and
  Human Services Commission receives alleging that the person has
  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;
                     (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;
                     (K)  through a contract with a nonprofit
  management center, an employee of, an applicant for employment
  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
  disability; or
                     (L)  an applicant for a child-care administrator
  or child-placing agency administrator license under Chapter 43,
  Human Resources Code.
               (3)  In addition to the criminal history record
  information the Department of Family and Protective Services or the
  Health and Human Services Commission is required to obtain under
  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:
                     (A)  an applicant for a position with the
  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
  Human Services Commission regardless of the duties to be performed,
  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
  [the] department's or commission's records, if the employee,
  applicant, volunteer, or applicant volunteer has or will have
  access to that confidential information;
                     (E)  a person living in the residence in which the
  alleged victim of the report resides, including an alleged
  perpetrator in a report described by Subdivision (2)(I);
                     (F)  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;
                     (G)  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;
                     (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.