By: Zaffirini S.B. No. 1192
 
  (Noble)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to criminal history record information for
  certain employees, volunteers, and contractors, and for applicants
  for those positions, by the Health and Human Services Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.1106, Government Code, is amended by
  amending Subsections (b), (c), (d), and (e) and adding Subsections
  (b-1), (c-1), and (f) to read as follows:
         (b)  The [executive commissioner of the] commission[, or the
  executive commissioner's designee,] is entitled to obtain from the
  department criminal history record information maintained by the
  department that relates to a person who is required to be
  fingerprinted and is:
               (1)  an applicant for an employment or volunteer
  position or an applicant for a contract with the commission [for a
  position] in which the person, as an employee, volunteer, or
  contractor, an applicable, would have access to sensitive personal
  or financial information, as determined by the executive
  commissioner, in:
                     (A)  the eligibility services division of the
  commission; [or]
                     (B)  the commission's office of inspector
  general; or
                     (C)  the regulatory services division of the
  commission; or
               (2)  an employee, volunteer, or contractor of the
  commission who has access to sensitive personal or financial
  information, as determined by the executive commissioner.
         (b-1)  Subject to Section 411.087, the commission 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 (b); and
               (2)  obtain from any other criminal justice agency in
  this state criminal history record information maintained by that
  agency that relates to a person described by Subsection (b).
         (c)  Criminal history record information obtained by [the
  executive commissioner of] the commission[, or by the executive
  commissioner's designee,] under this section [Subsection (b)] may
  not be released or disclosed, except:
               (1)  if the information is in a public record at the
  time the information is obtained;
               (2)  on court order;
               (3)  to a criminal justice agency, upon request;
               (4)  with the consent of the person who is the subject
  of the criminal history record information; or
               (5)  as provided by Subsection (d).
         (c-1)  Notwithstanding Subsection (c), criminal history
  record information obtained by the commission under Subsection
  (b)(1) may not be released or disclosed to any person.
         (d)  The commission is not prohibited from disclosing
  criminal history record information obtained under this section
  [Subsection (b)] in a criminal proceeding or in a hearing conducted
  by the commission.
         (e)  The commission [executive commissioner] shall destroy
  all criminal history record information obtained under this section
  [Subsection (b)] as soon as practicable after the information is
  used for its authorized purpose.
         (f)  This section does not prohibit the commission from
  obtaining and using criminal history record information as provided
  by other law.
         SECTION 2.  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, 2023.