By: Keough H.B. No. 2990
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Health and Human Services
Commission to obtain criminal history record information regarding
applicants for employment and certain current employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1410 to read as follows:
Sec. 411.1410. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The
executive commissioner of the health and human services commission
or his 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 employee has access to sensitive personal or financial
information, as determined by the executive commissioner, in the
following divisions or programs:
(A) the Office of Eligibility Services, as
established by Section 531.008(c)(1), Government Code;
(B) the Office of Inspector General, as
established by Section 531.008(c)(2), Government Code; or
(2) a person who is currently employed by the
commission and has access to sensitive personal or financial
information, as determined by the executive commissioner.
(b) Except as provided by Subsection (c), criminal history
record information obtained by the executive commissioner of the
health and human services commission or his designee under
Subsection (a) may not be released or disclosed, unless:
(1) the information is a public record at the time the
executive commissioner obtains the information;
(2) by order of a court;
(3) to a criminal justice agency, upon request; or
(4) with the consent of the person who is the subject
of the criminal history record information.
(c) The 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
commission.
(d) All criminal history record information obtained about
an individual under Subsection (a) shall be destroyed by the
commission as soon as practicable after the information is used for
its authorized purpose.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.00551 to read as follows:
Sec. 531.00551. CRIMINAL BACKGROUND CHECKS. (a) The
executive commissioner is entitled to obtain from the department of
public safety 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 employee has access to sensitive personal or financial
information, as determined by the executive commissioner, in the
following divisions or program:
(A) the Office of Eligibility Services, as
established by Section 531.008(c)(1), Government Code;
(B) the Office of Inspector General, as
established by Section 531.008(c)(2), Government Code; or
(2) a person who is currently employed by the
commission and has access to sensitive personal or financial
information, as determined by the executive commissioner.
(b) The executive commissioner may require a person
described by Subsection (a) to submit fingerprints in a form and of
a quality acceptable to the Department of Public Safety and the
Federal Bureau of Investigation for use in conducting a criminal
history background check.
(c) Criminal history record information obtained by the
executive commissioner under Subsection (a) may be used only to
evaluate the qualification or suitability for employment of:
(1) an applicant for employment for a position in
which the employee has access to sensitive personal or financial
information in the following divisions or programs:
(A) the Office of Eligibility Services, as
established by Section 531.008(c)(1), Government Code;
(B) the Office of Inspector General, as
established by Section 531.008(c)(2), Government Code; or
(2) a person who is currently employed by the
commission and has access to sensitive personal or financial
information, as determined by the executive commissioner.
(d) Except as provided by Subsection (d) the executive
commissioner shall keep confidential any background information
obtained under this section and may not disclose or release the
information unless:
(1) the information is a public record at the time the
executive commissioner obtains the information; or
(2) the executive commissioner releases the
information:
(A) under order from a court;
(B) with the permission of the applicant or
employee; or
(C) to a governmental agency entitled to receive
such information.
(e) The 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
commission.
(f) Notwithstanding Subsections (b) and (c), criminal
history record information obtained from the Federal Bureau of
Investigation may be released or disclosed only to a governmental
entity or as authorized by federal statute, federal rule, or
federal executive order.
SECTION 3. 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, 2015.