Bill Text: TX SB2200 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the authority of the Health and Human Services Commission to obtain criminal history record information.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB2200 Detail]
Download: Texas-2019-SB2200-Enrolled.html
S.B. No. 2200 |
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relating to the authority of the Health and Human Services | ||
Commission 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 and the Health and Human Services Commission are [ |
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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) [ |
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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; | ||
(4) [ |
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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 Health and Human Services | ||
Commission [ |
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sexually violent predators as described by Section 841.003(a), | ||
Health and Safety Code; or | ||
(5) [ |
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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 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 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 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 and the Health and Human Services Commission are [ |
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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 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 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 and the Health and Human Services Commission are | ||
[ |
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(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 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 and the Health and Human Services Commission are [ |
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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 and the Health and Human Services Commission | ||
are [ |
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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 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 411.1131, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [ |
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Services Commission [ |
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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 | ||
Health and Human Services Commission [ |
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Resources Code. | ||
(b) Criminal history record information obtained by the | ||
Health and Human Services Commission [ |
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evaluate an applicant for a staff position at an outdoor training | ||
program for children who are deaf or hard of hearing. The Health | ||
and Human Services Commission [ |
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a private entity described by Subsection (a) for that purpose. | ||
(c) The Health and Human Services Commission [ |
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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 5. The heading to 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. | ||
SECTION 6. Sections 411.114(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(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; and | ||
(ii) [ |
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authorized agent of the Department of Family and Protective | ||
Services. | ||
(B) "Elderly person" has the meaning assigned by | ||
Section 48.002, Human Resources Code. | ||
(D) "Person with a disability" has the meaning | ||
assigned [ |
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Human Resources Code. | ||
(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) [ |
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applicant selected for a position with the Department of Family and | ||
Protective Services or the Health and Human Services Commission, | ||
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 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; | ||
(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 and other persons living in the residence | ||
in which the child will reside; | ||
(H) a Department of Family and Protective | ||
Services employee or a Health and Human Services Commission | ||
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 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 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 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 regardless of the duties of the position, | ||
including a position described by Subdivision (2)(D); | ||
(B) a Department of Family and Protective | ||
Services employee or a Health and Human Services Commission | ||
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 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 that | ||
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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 and the Health and Human Services | ||
Commission are [ |
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(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 workers or Health and Human Services Commission | ||
workers, as applicable, to ensure prompt criminal background checks | ||
for the safety of alleged victims and Department of Family and | ||
Protective Services workers or Health and Human Services Commission | ||
workers, as applicable. | ||
(5) The Department of Family and Protective Services | ||
or the Health and Human Services Commission 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 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) Subject to Subdivision (8), the [ |
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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 federal law [ |
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(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 person or a [ |
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a disability 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 | ||
[ |
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safety or welfare of the [ |
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(8) The Department of Family and Protective Services | ||
or the Health and Human Services Commission may only release to a | ||
person described by Subdivision (7)(B), (C), or (D) criminal | ||
history record information that that department or commission | ||
obtains from the Department of Public Safety's computerized | ||
criminal history system. | ||
(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. | ||
SECTION 7. Section 411.1142, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD: | ||
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WITHIN HEALTH AND HUMAN SERVICES COMMISSION. (a) The [ |
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and Human Services Commission 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 program [ |
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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 | ||
Health and Human Services Commission [ |
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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 Health and Human Services Commission [ |
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shall destroy criminal history record information that relates to a | ||
person after the information is used for its authorized purpose. | ||
(d) The Health and Human Services Commission [ |
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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 | ||
program [ |
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applicants for permanent, temporary, or consultative employment or | ||
for volunteer positions whose employment or potential employment or | ||
volunteer position with the Health and Human Services Commission | ||
[ |
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childhood intervention services or involves direct interactions | ||
with or the opportunity to interact and associate with children. | ||
SECTION 8. Sections 411.1144(a) and (d), Government Code, | ||
are amended to read as follows: | ||
(a) The Department of State Health Services[ |
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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. | ||
(d) Subject to Section 411.087, the Department of State | ||
Health Services[ |
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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). | ||
SECTION 9. Section 411.115, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: [ |
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HEALTH AND HUMAN SERVICES COMMISSION [ |
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section, "local mental health authority," "local intellectual and | ||
developmental disability [ |
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"community center" have the meanings assigned by Section 531.002, | ||
Health and Safety Code. | ||
(b) The [ |
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Health and Human Services Commission [ |
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developmental disability [ |
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community center, 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 with the [ |
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Department of State Health Services, the Health and Human Services | ||
Commission [ |
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health or intellectual and developmental disability [ |
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(B) an employee of the [ |
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State Health Services, the Health and Human Services Commission | ||
[ |
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intellectual and developmental disability [ |
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authority, or a community center; | ||
(C) an applicant for employment with or an | ||
employee of a business or person that contracts with the [ |
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Department of State Health Services, the Health and Human Services | ||
Commission [ |
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health or intellectual and developmental disability [ |
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residential services to patients with mental illness or clients | ||
with an intellectual or developmental disability [ |
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Department of State Health Services facility, a Health and Human | ||
Services Commission facility, [ |
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(D) a volunteer with the [ |
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State Health Services, the Health and Human Services Commission | ||
[ |
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intellectual and developmental disability [ |
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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 an intellectual or | ||
developmental disability [ |
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(d) Criminal history record information obtained by the | ||
Department of State Health Services, the Health and Human Services | ||
Commission [ |
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intellectual and developmental disability [ |
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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 [ |
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Health and Human Services Commission [ |
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developmental disability [ |
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community center, as applicable, 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 [ |
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Workforce Commission are [ |
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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(d), Government Code, is amended | ||
to read as follows: | ||
(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) Health and Human Services Commission and the | ||
Department of State Health Services, except as provided by Section | ||
411.110, and agencies attached to that commission [ |
||
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) [ |
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[ |
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Psychologists; | ||
(18) [ |
||
(19) [ |
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(20) [ |
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Examiners; | ||
(21) [ |
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Affairs; | ||
(22) [ |
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(23) [ |
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(24) [ |
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(25) [ |
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(26) [ |
||
SECTION 12. The heading to 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 | ||
[ |
||
SECTION 13. Sections 411.1386(a-1), (a-2), (a-4), (e), and | ||
(i), Government Code, are amended to read as follows: | ||
(a-1) The Health and Human Services Commission [ |
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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 [ |
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(1) an employee of or an applicant selected for an | ||
employment position with the Health and Human Services Commission | ||
[ |
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(2) a volunteer or an applicant selected to volunteer | ||
with the Health and Human Services Commission [ |
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(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 [ |
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to a ward referred by that commission [ |
||
(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-4) The Health and Human Services Commission [ |
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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 | ||
Judicial Branch Certification Commission [ |
||
(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 [ |
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(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. | ||
(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 14. The heading to 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 [ |
||
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SECTION 15. Sections 411.13861(a), (b), (c), (d), and (f), | ||
Government Code, are amended to read as follows: | ||
(a) The Health and Human Services Commission [ |
||
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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 | ||
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 that commission [ |
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(4) who is an employee of the Health and Human Services | ||
Commission [ |
||
has direct access to residents or clients of a facility regulated by | ||
that commission [ |
||
commissioner of that 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. | ||
(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 16. Section 411.114(d), Government Code, is | ||
repealed. | ||
SECTION 17. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 18. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2200 passed the Senate on | ||
April 16, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 21, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2200 passed the House, with | ||
amendment, on May 16, 2019, by the following vote: Yeas 136, | ||
Nays 0, three present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |