Bill Text: TX HB3699 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of the Health and Human Services Commission to obtain criminal history record information.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-22 - Committee report sent to Calendars [HB3699 Detail]
Download: Texas-2019-HB3699-Introduced.html
Bill Title: Relating to the authority of the Health and Human Services Commission to obtain criminal history record information.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-22 - Committee report sent to Calendars [HB3699 Detail]
Download: Texas-2019-HB3699-Introduced.html
By: Turner of Dallas | H.B. No. 3699 |
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relating to the ability of health and human services agencies to | ||
continue to be able 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 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: | ||
(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; | ||
(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 Department of State Health Services | ||
that monitors sexually violent predators as described by Section | ||
841.003(a), Health and Safety Code; or | ||
(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, as applicable, 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, as applicable, 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, as applicable, 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 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: | ||
(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, as applicable, 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, as applicable, 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 or the Health and Human Services Commission, as | ||
applicable, 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, as | ||
applicable, 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 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: | ||
(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 or the Health and Human Services Commission, | ||
as applicable, 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, as applicable, 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 411.1106, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) In this | ||
section, "commission" means the Health and Human Services | ||
Commission. | ||
(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 | ||
(2) an employee of the commission who has access to | ||
sensitive personal or financial information, as determined by the | ||
executive commissioner. | ||
(b-1) 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 with respect to a function transferred to the commission | ||
under Subchapter A-1, Chapter 531. | ||
(c) Criminal history record information obtained by the | ||
executive commissioner of the commission, or by the executive | ||
commissioner's designee, under 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 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 Subsection (b) as soon as | ||
practicable after the information is used for its authorized | ||
purpose. | ||
SECTION 5. Section 411.1131, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES | ||
AND HEALTH AND HUMAN SERVICES COMMISSION. (a) The Department of | ||
Assistive and Rehabilitative 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 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 Department of Assistive and Rehabilitative Services or the | ||
Health and Human Services Commission, as applicable, in accordance | ||
with Section 81.013, Human Resources Code. | ||
(b) Criminal history record information obtained by the | ||
Department of Assistive and Rehabilitative Services or the Health | ||
and Human Services Commission, as applicable, 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 Department of Assistive and Rehabilitative Services | ||
or the Health and Human Services Commission, as applicable, may | ||
release or disclose the information to a private entity described | ||
by Subsection (a) for that purpose. | ||
(c) The Department of Assistive and Rehabilitative Services | ||
or the Health and Human Services Commission, as applicable, 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 6. 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. (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; | ||
(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. | ||
(C) Deleted by Acts 2011, 82nd Leg., R.S., Ch. | ||
1082 (S.B. 1178), Sec. 13, eff. September 1, 2012. | ||
(D) "Person with a disability" means a disabled | ||
person as defined by Section 48.002, Human Resources Code. | ||
(E) Repealed by Acts 2017, 85th Leg., R.S., Ch. | ||
1108 (H.B. 4094), Sec. 5, eff. September 1, 2017. | ||
(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, as | ||
applicable, 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, as | ||
applicable, 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, as applicable; | ||
(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, as applicable, and other persons living | ||
in the residence in which the child will reside; | ||
(H) a Department of Family and Protective | ||
Services or the Health and Human Services Commission, as | ||
applicable, 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, as applicable, 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, as applicable, 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, as applicable, 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, as applicable, regardless of the duties | ||
of the position, including a position described by Subdivision | ||
(2)(D); | ||
(B) a Department of Family and Protective | ||
Services or the Health and Human Services Commission, as | ||
applicable, 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, as applicable, 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 the | ||
department's or the Health and Human Services 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 or the Health and Human Services | ||
Commission, as applicable, 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 or the Health and Human Services Commission, as | ||
applicable, workers to ensure prompt criminal background checks for | ||
the safety of alleged victims and Department of Family and | ||
Protective Services or the Health and Human Services Commission, as | ||
applicable, workers. | ||
(5) The Department of Family and Protective Services | ||
or the Health and Human Services Commission, as applicable, 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, as applicable, 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) 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 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 or disabled person 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. | ||
(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. | ||
(d) With respect to an applicant who is selected for | ||
employment for a function or in a division of the Department of | ||
Family and Protective Services that is transferred to the Health | ||
and Human Services Commission under Subchapter A-1, Chapter 531, | ||
the commission may obtain from the department criminal history | ||
record information maintained by the department that relates to the | ||
applicant. | ||
SECTION 7. Sec. 411.1142. ACCESS TO CRIMINAL HISTORY | ||
RECORD: INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION AND | ||
HUMAN SERVICES COMMISSION. (a) The Interagency Council on Early | ||
Childhood Intervention or the Health and Human Services Commission, | ||
as applicable, 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 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 | ||
council or the Health and Human Services Commission, as applicable, | ||
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 council or the Health and Human Services Commission, | ||
as applicable, shall destroy criminal history record information | ||
that relates to a person after the information is used for its | ||
authorized purpose. | ||
(d) The council or the Health and Human Services Commission, | ||
as applicable, 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 | ||
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 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. Section 411.1144, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: AGENCIES WITH EMPLOYEES, CONTRACTORS, OR VOLUNTEERS | ||
AT STATE SUPPORTED LIVING CENTERS. (a) The Department of State | ||
Health 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. | ||
(b) Criminal history record information obtained by an | ||
agency under Subsection (a) 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 agency concerning the person who is the subject of the criminal | ||
history record information; or | ||
(4) as provided by Subsection (c). | ||
(c) An agency is not prohibited from releasing criminal | ||
history record information obtained under Subsection (a) or (d) 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 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 an agency from obtaining | ||
and using criminal history record information as provided by other | ||
law. | ||
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 [ |
||
|
||
section, "local mental health authority," "local 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 or the | ||
Health and Human Services Commission, as applicable [ |
||
|
||
retardation authority, or a community center 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 or the Health and Human | ||
Services Commission, as applicable [ |
||
|
||
authority, or a community center; | ||
(B) an employee of the Texas Department of State | ||
Health Services or the Health and Human Services Commission, as | ||
applicable [ |
||
health or 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 or the Health and Human | ||
Services Commission, as applicable [ |
||
|
||
authority, or a community center to provide residential services to | ||
patients with mental illness or clients with mental retardation who | ||
were furloughed or discharged from a Texas Department of State | ||
Health Services or the Health and Human Services Commission, as | ||
applicable, [ |
||
community center; | ||
(D) a volunteer with the Texas Department of | ||
State Health Services or the Health and Human Services Commission, | ||
as applicable [ |
||
mental health or 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 mental retardation. | ||
(c) Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(2). | ||
(d) Criminal history record information obtained by the | ||
Texas Department of State Health Services or the Health and Human | ||
Services Commission, as applicable [ |
||
|
||
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 or the | ||
Health and Human Services Commission, as applicable [ |
||
|
||
retardation authority, or a community center 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 [ |
||
|
||
Workforce Commission, as applicable, [ |
||
|
||
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, [ |
||
(2) a client of the Health and Human Services | ||
Commission or the Texas Workforce Commission, as applicable, | ||
[ |
||
(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, [ |
||
SECTION 11. Section 411.122, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.122. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: LICENSING OR REGULATORY AGENCY. (a) Except as | ||
provided by Subsection (c)(2), an agency of this state listed in | ||
Subsection (d) or a political subdivision of this state covered by | ||
Chapter 53, Occupations Code, that licenses or regulates members of | ||
a particular trade, occupation, business, vocation, or profession | ||
is entitled to obtain from the department criminal history record | ||
information maintained by the department that relates to a person | ||
who: | ||
(1) is an applicant for a license from the agency; | ||
(2) is the holder of a license from the agency; or | ||
(3) requests a determination of eligibility for a | ||
license from the agency. | ||
(b) A municipality or county that requires a sexually | ||
oriented business to obtain a license or other permit under Section | ||
243.007, Local Government Code, is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that relates to a person who: | ||
(1) is an applicant for a license or other permit for a | ||
sexually oriented business issued by the municipality or county; | ||
(2) is the holder of a license or other permit for a | ||
sexually oriented business issued by the municipality or county; or | ||
(3) requests a determination of eligibility for a | ||
license or other permit for a sexually oriented business issued by | ||
the municipality or county. | ||
(c) This section does not apply to an agency that is: | ||
(1) specifically authorized by this subchapter or | ||
Subchapter E-1 to obtain criminal history record information from | ||
the department; or | ||
(2) covered by Section 53.002, Occupations Code, to | ||
the extent provided by that section. | ||
(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) Department of State Health Services or the Health | ||
and Human Services Commission, as applicable, except as provided by | ||
Section 411.110, and agencies attached to 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; | ||
(19) Texas Real Estate Commission; | ||
(20) Texas Department of Transportation; | ||
(21) State Board of Veterinary Medical Examiners; | ||
(22) Texas Department of Housing and Community | ||
Affairs; | ||
(23) secretary of state; | ||
(24) state fire marshal; | ||
(25) Texas Education Agency; | ||
(26) Department of Agriculture; and | ||
(27) Texas Department of Motor Vehicles. | ||
SECTION 12. 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 | ||
[ |
||
(a) Except as provided by Subsections (a-1), (a-5), and | ||
(a-6), the clerk of the county having venue over a proceeding for | ||
the appointment of a guardian under Title 3, Estates Code, shall | ||
obtain from the department criminal history record information | ||
maintained by the department that relates to: | ||
(1) a private professional guardian; | ||
(2) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of the private | ||
professional guardian; | ||
(3) each person employed by a private professional | ||
guardian who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; | ||
(4) each person employed by or volunteering or | ||
contracting with a guardianship program to provide guardianship | ||
services to a ward of the program on the program's behalf; or | ||
(5) 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. | ||
(a-1) The Health and Human Services Commission [ |
||
|
||
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 [ |
||
|
||
(1) an employee of or an applicant selected for an | ||
employment position with the Health and Human Services Commission | ||
[ |
||
(2) a volunteer or an applicant selected to volunteer | ||
with the Health and Human Services Commission [ |
||
|
||
(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 [ |
||
|
||
to a ward referred by 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 [ |
||
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 | ||
[ |
||
(a-3) The information in Subsection (a-1) regarding | ||
employees, contractors, or volunteers providing guardianship | ||
services must be obtained annually. | ||
(a-4) The Health and Human Services Commission [ |
||
|
||
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 | ||
commission. | ||
(a-5) Not later than the 10th day before the date of the | ||
hearing to appoint a guardian, a person may submit to the clerk a | ||
copy of the person's criminal history record information required | ||
under Subsection (a)(5) that the person obtains from the department | ||
not earlier than the 30th day before the date of the hearing. | ||
(a-6) The clerk described by Subsection (a) is not required | ||
to obtain criminal history record information for a person if the | ||
Judicial Branch Certification Commission conducted a criminal | ||
history check on the person under Chapter 155. The commission shall | ||
provide to the clerk at the court's request the criminal history | ||
record information that was obtained from the department or the | ||
Federal Bureau of Investigation. | ||
(b) Criminal history record information obtained by or | ||
provided to a clerk under Subsection (a), (a-5), or (a-6) is for the | ||
exclusive use of the court and is privileged and confidential. | ||
(c) Criminal history record information obtained by or | ||
provided to a clerk under Subsection (a), (a-5), or (a-6) 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 clerk may destroy the criminal history record | ||
information after the information is used for the purposes | ||
authorized by this section. | ||
(d) The criminal history record information obtained under | ||
Subsection (a-4) is for the exclusive use of the court or | ||
guardianship certification program of the Judicial Branch | ||
Certification Commission, as appropriate, and is privileged and | ||
confidential. The information may not be released or otherwise | ||
disclosed to any person or agency except on court order, with the | ||
consent of the person being investigated, or as authorized by | ||
Subsection (a-6) or Section 1104.404, Estates Code. The county | ||
clerk or guardianship certification program of the Judicial Branch | ||
Certification Commission may destroy the criminal history record | ||
information after the information is used for the purposes | ||
authorized by this section. | ||
(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 [ |
||
|
||
(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. | ||
(f) Criminal history record information obtained by the | ||
guardianship certification program of the Judicial Branch | ||
Certification Commission under Subsection (a-4)(2) may be used for | ||
any purpose related to the issuance, denial, renewal, suspension, | ||
or revocation of a certificate issued by the commission. | ||
(g) A person commits an offense if the person releases or | ||
discloses any information received under this section without the | ||
authorization prescribed by Subsection (c) or (d). An offense under | ||
this subsection is a Class A misdemeanor. | ||
(h) The county clerk may charge a $10 fee to recover the | ||
costs of obtaining criminal history information records authorized | ||
by Subsection (a). | ||
(i) This section does not prohibit the Health and Human | ||
Services Commission [ |
||
from obtaining and using criminal history record information as | ||
provided by other law. | ||
SECTION 13. 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 [ |
||
|
||
Commission [ |
||
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 | ||
The Health and Human Services Commission [ |
||
relative of the ward; | ||
(3) who is an applicant for employment with the Health | ||
and Human Services Commission [ |
||
|
||
have direct access to residents or clients of a facility regulated | ||
by the Health and Human Services Commission [ |
||
determined by the executive commissioner of the Health and Human | ||
Services Commission [ |
||
(4) who is an employee of the Health and Human Services | ||
Commission [ |
||
has direct access to residents or clients of a facility regulated by | ||
the Health and Human Services Commission [ |
||
determined by the executive commissioner of the Health and Human | ||
Services Commission [ |
||
(b) Criminal history record information obtained under | ||
Subsection (a) is for the exclusive use of the Health and Human | ||
Services Commission [ |
||
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 [ |
||
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 [ |
||
from obtaining and using criminal history record information as | ||
provided by other law. | ||
(e) In this section, "ward" has the meaning assigned by | ||
Section 1002.030, Estates Code. | ||
(f) Notwithstanding Subsection (c), the Health and Human | ||
Services Commission [ |
||
shall destroy information obtained under Subsection (a)(3) or (4) | ||
after the information is used for the purposes authorized by this | ||
section. | ||
SECTION 14. 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. |