2015S0434-1 03/10/15
By: Perry S.B. No. 1540
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Health and Human Services
Commission to obtain criminal history record information of certain
applicants for employment and 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 411.1106 to read as follows:
Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The
executive commissioner of the Health and Human Services Commission
or the commissioner's designee may obtain from the department
criminal history record information maintained by the department
that relates to:
(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 eligibility services division
established under Section 531.008(c)(1);
(B) the office of inspector general established
under Section 531.008(c)(2); or
(C) the medical transportation program or its
successor, as described by Section 531.02414; 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) Criminal history record information obtained by the
executive commissioner of the Health and Human Services Commission
or the commissioner's 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; or
(2) the information is released or disclosed:
(A) on order of a court;
(B) to a criminal justice agency;
(C) with the consent of the person who is the
subject of the criminal history record information; or
(D) in a criminal proceeding or in a hearing
conducted by the commission.
(c) The Health and Human Services Commission shall destroy
all criminal history record information obtained under Subsection
(a) as soon as practicable after the information is used for its
authorized purpose.
SECTION 2. Subchapter A, Chapter 531, Government Code, is
amended by adding Section 531.0091 to read as follows:
Sec. 531.0091. 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 of Public Safety that relates to:
(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 eligibility services division
established under Section 531.008(c)(1);
(B) the office of inspector general established
under Section 531.008(c)(2); or
(C) the medical transportation program or its
successor, as described by Section 531.02414; 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) Information obtained by the executive commissioner
under this section may be used only to evaluate the qualification or
suitability for employment of persons described by Subsection (a).
(d) The executive commissioner shall keep confidential any
information obtained under this section and may not release or
disclose the information unless:
(1) the information is a public record at the time the
executive commissioner obtains the information; or
(2) the information is released or disclosed:
(A) on order of a court;
(B) with the consent of the person who is the
subject of the information;
(C) to a governmental agency entitled to receive
such information; or
(D) in a criminal proceeding or in a hearing
conducted by the commission.
(e) Notwithstanding Subsection (d), 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.