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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal history record information obtained by |
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home and community support service agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 250.002, Health and Safety Code, is |
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amended by adding Subsection (a-2) and amending Subsection (b) to |
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read as follows: |
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(a-2) Notwithstanding Subsection (a-1), a facility licensed |
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under Chapter 142 or exempt from licensing under Section |
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142.003(a)(19), or a private agency on behalf of the facility, must |
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obtain criminal history record information maintained by the |
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Department of Public Safety of the State of Texas that relates to a |
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person who is an applicant for employment with, an employee of, or a |
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volunteer with the facility from the department under Section |
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411.1387, Government Code, instead of this section. The applicable |
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provisions of this chapter continue to apply to a facility, or a |
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private agency on the facility's behalf, that conducts a criminal |
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history check on a person described by this subsection under |
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Section 411.1387, Government Code, to the same extent as if the |
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criminal history check had been conducted under this section. To |
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the extent of any conflict, Section 411.1387, Government Code, |
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prevails over this chapter. |
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(b) A facility may: |
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(1) pay a private agency to obtain criminal history |
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record information for a person described by Subsection (a-1) or |
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(a-2) directly from the Department of Public Safety of the State of |
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Texas; or |
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(2) obtain the information directly from the |
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Department of Public Safety. |
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SECTION 2. Section 250.002(a-2), Health and Safety Code, as |
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added by this Act, applies only to criminal history record |
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information obtained on or after the effective date of this Act. |
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Criminal history record information obtained before the effective |
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date of this Act is governed by the law in effect when the criminal |
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history record information was obtained, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |