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A BILL TO BE ENTITLED
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AN ACT
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relating to access to criminal history record information for |
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certain employees, volunteers, and contractors, and for applicants |
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for those positions, by the Health and Human Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.1106, Government Code, is amended by |
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amending Subsections (b), (c), (d), and (e) and adding Subsections |
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(b-1), (c-1), and (f) to read as follows: |
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(b) The [executive commissioner of the] commission[, or the |
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executive commissioner's designee,] is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person who is required to be |
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fingerprinted and is: |
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(1) an applicant for an employment or volunteer |
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position or an applicant for a contract with the commission [for a |
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position] in which the person, as an employee, volunteer, or |
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contractor, an applicable, would have access to sensitive personal |
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or financial information, as determined by the executive |
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commissioner, in: |
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(A) the eligibility services division of the |
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commission; [or] |
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(B) the commission's office of inspector |
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general; or |
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(C) the regulatory services division of the |
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commission; or |
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(2) an employee, volunteer, or contractor of the |
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commission who has access to sensitive personal or financial |
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information, as determined by the executive commissioner. |
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(b-1) Subject to Section 411.087, the commission is |
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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 (b); 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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agency that relates to a person described by Subsection (b). |
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(c) Criminal history record information obtained by [the |
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executive commissioner of] the commission[, or by the executive |
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commissioner's designee,] under this section [Subsection (b)] may |
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not be released or disclosed, except: |
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(1) if the information is in a public record at the |
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time the information is obtained; |
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(2) on court order; |
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(3) to a criminal justice agency, upon request; |
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(4) with the consent of the person who is the subject |
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of the criminal history record information; or |
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(5) as provided by Subsection (d). |
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(c-1) Notwithstanding Subsection (c), criminal history |
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record information obtained by the commission under Subsection |
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(b)(1) may not be released or disclosed to any person. |
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(d) The commission is not prohibited from disclosing |
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criminal history record information obtained under this section |
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[Subsection (b)] in a criminal proceeding or in a hearing conducted |
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by the commission. |
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(e) The commission [executive commissioner] shall destroy |
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all criminal history record information obtained under this section |
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[Subsection (b)] as soon as practicable after the information is |
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used for its authorized purpose. |
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(f) This section does not prohibit the 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 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |