Texas 2015 - 84th Regular

Texas House Bill HB2990 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R20608 ADM-F
2	2	By: Keough H.B. No. 2990
3	3	Substitute the following for H.B. No. 2990:
4	4	By: Raymond C.S.H.B. No. 2990
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of the Health and Human Services
10	10	Commission and the Department of Aging and Disability Services to
11	11	obtain criminal history record information regarding certain
12	12	applicants for employment and current employees.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter F, Chapter 411, Government Code, is
15	15	amended by adding Section 411.1106 to read as follows:
16	16	Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD
17	17	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) In this
18	18	section, "commission" means the Health and Human Services
19	19	Commission.
20	20	(b) The executive commissioner of the commission, or the
21	21	executive commissioner's designee, is entitled to obtain from the
22	22	department criminal history record information maintained by the
23	23	department that relates to a person who is:
24	24	(1) an applicant for employment for a position in
25	25	which the person, as an employee, would have access to sensitive
26	26	personal or financial information, as determined by the executive
27	27	commissioner, in:
28	28	(A) the eligibility services division of the
29	29	commission; or
30	30	(B) the commission's office of inspector
31	31	general; or
32	32	(2) an employee of the commission who has access to
33	33	sensitive personal or financial information, as determined by the
34	34	executive commissioner.
35	35	(c) Criminal history record information obtained by the
36	36	executive commissioner of the commission, or by the executive
37	37	commissioner's designee, under Subsection (b) may not be released
38	38	or disclosed, except:
39	39	(1) if the information is in a public record at the
40	40	time the information is obtained;
41	41	(2) on court order;
42	42	(3) to a criminal justice agency, upon request;
43	43	(4) with the consent of the person who is the subject
44	44	of the criminal history record information; or
45	45	(5) as provided by Subsection (d).
46	46	(d) The commission is not prohibited from disclosing
47	47	criminal history record information obtained under Subsection (b)
48	48	in a criminal proceeding or in a hearing conducted by the
49	49	commission.
50	50	(e) The executive commissioner shall destroy all criminal
51	51	history record information obtained under Subsection (b) as soon as
52	52	practicable after the information is used for its authorized
53	53	purpose.
54	54	SECTION 2. Section 411.13861, Government Code, is amended
55	55	by amending Subsection (a), as amended by S.B. 219, Acts of the 84th
56	56	Legislature, Regular Session, 2015, and adding Subsection (f) to
57	57	read as follows:
58	58	(a) The Department of Aging and Disability Services is
59	59	entitled to obtain from the Department of Public Safety criminal
60	60	history record information maintained by the Department of Public
61	61	Safety that relates to a person:
62	62	(1) required to undergo a background and criminal
63	63	history check under Chapter 248A, Health and Safety Code; [or]
64	64	(2) who seeks unsupervised visits with a ward of the
65	65	department, including a relative of the ward;
66	66	(3) who is an applicant for employment with the
67	67	Department of Aging and Disability Services for a position in which
68	68	the person, as an employee, would have direct access to residents or
69	69	clients of a facility regulated by the department, as determined by
70	70	the commissioner of aging and disability services; or
71	71	(4) who is an employee of the Department of Aging and
72	72	Disability Services and who has direct access to residents or
73	73	clients of a facility regulated by the department, as determined by
74	74	the commissioner of aging and disability services.
75	75	(f) Notwithstanding Subsection (c), the Department of Aging
76	76	and Disability Services shall destroy information obtained under
77	77	Subsection (a)(3) or (4) after the information is used for the
78	78	purposes authorized by this section.
79	79	SECTION 3. Subchapter A, Chapter 531, Government Code, is
80	80	amended by adding Section 531.00553 to read as follows:
81	81	Sec. 531.00553. CRIMINAL BACKGROUND CHECKS. (a) In this
82	82	section, "eligible person" means a person whose criminal history
83	83	record information the executive commissioner, or the executive
84	84	commissioner's designee, is entitled to obtain from the Department
85	85	of Public Safety under Section 411.1106.
86	86	(b) The executive commissioner may require an eligible
87	87	person to submit fingerprints in a form and of a quality acceptable
88	88	to the Department of Public Safety and the Federal Bureau of
89	89	Investigation for use in conducting a criminal history background
90	90	check by obtaining criminal history record information under
91	91	Sections 411.1106 and 411.087.
92	92	(c) Criminal history record information obtained by the
93	93	executive commissioner under Sections 411.1106 and 411.087 may be
94	94	used only to evaluate the qualification or suitability for
95	95	employment, including continued employment, of an eligible person.
96	96	(d) Notwithstanding Subsection (c), the executive
97	97	commissioner or the executive commissioner's designee may release
98	98	or disclose criminal history record information obtained under
99	99	Section 411.087 only to a governmental entity or as otherwise
100	100	authorized by federal law, including federal regulations and
101	101	executive orders.
102	102	SECTION 4. Subchapter C, Chapter 161, Human Resources Code,
103	103	is amended by adding Section 161.057 to read as follows:
104	104	Sec. 161.057. CRIMINAL BACKGROUND CHECKS. (a) In this
105	105	section, "eligible person" means a person whose criminal history
106	106	record information the department is entitled to obtain from the
107	107	Department of Public Safety under Section 411.13861, Government
108	108	Code.
109	109	(b) The department may obtain criminal history record
110	110	information regarding an eligible person as provided by Section
111	111	411.13861, Government Code. Criminal history record information
112	112	obtained under Section 411.13861 is subject to the restrictions and
113	113	requirements of that section.
114	114	SECTION 5. This Act takes effect immediately if it receives
115	115	a vote of two-thirds of all the members elected to each house, as
116	116	provided by Section 39, Article III, Texas Constitution. If this
117	117	Act does not receive the vote necessary for immediate effect, this
118	118	Act takes effect September 1, 2015.