| |
| |
|
|
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) 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: |
|
|
(1) an applicant for employment for a position in |
|
|
which the person, as an employee, 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; |
|
|
(2) an employee of the commission who has access to |
|
|
sensitive personal or financial information, as determined by the |
|
|
executive commissioner; |
|
|
(3) an applicant for a volunteer position or a |
|
|
volunteer in the regulatory services division of the commission; or |
|
|
(4) an applicant for a contract with or a contractor of |
|
|
the regulatory services division of the commission. |
|
|
(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 or |
|
|
indexed by that agency that pertains 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). |
|
|
(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 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. |