Texas 2015 - 84th Regular

Texas Senate Bill SB1540 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry S.B. No. 1540
2		-	(Keough)
	1	+	S.B. No. 1540
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the authority of the Health and Human Services
8	6		Commission and the Department of Aging and Disability Services to
9	7		obtain criminal history record information regarding certain
10	8		applicants for employment and current employees.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter F, Chapter 411, Government Code, is
13	11		amended by adding Section 411.1106 to read as follows:
14	12		Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD
15	13		INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) In this
16	14		section, "commission" means the Health and Human Services
17	15		Commission.
18	16		(b) The executive commissioner of the commission, or the
19	17		executive commissioner's designee, is entitled to obtain from the
20	18		department criminal history record information maintained by the
21	19		department that relates to a person who is:
22	20		(1) an applicant for employment for a position in
23	21		which the person, as an employee, would have access to sensitive
24	22		personal or financial information, as determined by the executive
25	23		commissioner, in:
26	24		(A) the eligibility services division of the
27	25		commission; or
28	26		(B) the commission's office of inspector
29	27		general; or
30	28		(2) an employee of the commission who has access to
31	29		sensitive personal or financial information, as determined by the
32	30		executive commissioner.
33	31		(c) Criminal history record information obtained by the
34	32		executive commissioner of the commission, or by the executive
35	33		commissioner's designee, under Subsection (b) may not be released
36	34		or disclosed, except:
37	35		(1) if the information is in a public record at the
38	36		time the information is obtained;
39	37		(2) on court order;
40	38		(3) to a criminal justice agency, upon request;
41	39		(4) with the consent of the person who is the subject
42	40		of the criminal history record information; or
43	41		(5) as provided by Subsection (d).
44	42		(d) The commission is not prohibited from disclosing
45	43		criminal history record information obtained under Subsection (b)
46	44		in a criminal proceeding or in a hearing conducted by the
47	45		commission.
48	46		(e) The executive commissioner shall destroy all criminal
49	47		history record information obtained under Subsection (b) as soon as
50	48		practicable after the information is used for its authorized
51	49		purpose.
52	50		SECTION 2. Section 411.13861, Government Code, is amended
53	51		by amending Subsection (a), as amended by S.B. 219, Acts of the 84th
54	52		Legislature, Regular Session, 2015, and adding Subsection (f) to
55	53		read as follows:
56	54		(a) The Department of Aging and Disability Services is
57	55		entitled to obtain from the Department of Public Safety criminal
58	56		history record information maintained by the Department of Public
59	57		Safety that relates to a person:
60	58		(1) required to undergo a background and criminal
61	59		history check under Chapter 248A, Health and Safety Code; [or]
62	60		(2) who seeks unsupervised visits with a ward of the
63	61		department, including a relative of the ward;
64	62		(3) who is an applicant for employment with the
65	63		Department of Aging and Disability Services for a position in which
66	64		the person, as an employee, would have direct access to residents or
67	65		clients of a facility regulated by the department, as determined by
68	66		the commissioner of aging and disability services; or
69	67		(4) who is an employee of the Department of Aging and
70	68		Disability Services and who has direct access to residents or
71	69		clients of a facility regulated by the department, as determined by
72	70		the commissioner of aging and disability services.
73	71		(f) Notwithstanding Subsection (c), the Department of Aging
74	72		and Disability Services shall destroy information obtained under
75	73		Subsection (a)(3) or (4) after the information is used for the
76	74		purposes authorized by this section.
77	75		SECTION 3. Subchapter A, Chapter 531, Government Code, is
78	76		amended by adding Section 531.00553 to read as follows:
79	77		Sec. 531.00553. CRIMINAL BACKGROUND CHECKS. (a) In this
80	78		section, "eligible person" means a person whose criminal history
81	79		record information the executive commissioner, or the executive
82	80		commissioner's designee, is entitled to obtain from the Department
83	81		of Public Safety under Section 411.1106.
84	82		(b) The executive commissioner may require an eligible
85	83		person to submit fingerprints in a form and of a quality acceptable
86	84		to the Department of Public Safety and the Federal Bureau of
87	85		Investigation for use in conducting a criminal history background
88	86		check by obtaining criminal history record information under
89	87		Sections 411.1106 and 411.087.
90	88		(c) Criminal history record information obtained by the
91	89		executive commissioner under Sections 411.1106 and 411.087 may be
92	90		used only to evaluate the qualification or suitability for
93	91		employment, including continued employment, of an eligible person.
94	92		(d) Notwithstanding Subsection (c), the executive
95	93		commissioner or the executive commissioner's designee may release
96	94		or disclose criminal history record information obtained under
97	95		Section 411.087 only to a governmental entity or as otherwise
98	96		authorized by federal law, including federal regulations and
99	97		executive orders.
100	98		SECTION 4. Subchapter C, Chapter 161, Human Resources Code,
101	99		is amended by adding Section 161.057 to read as follows:
102	100		Sec. 161.057. CRIMINAL BACKGROUND CHECKS. (a) In this
103	101		section, "eligible person" means a person whose criminal history
104	102		record information the department is entitled to obtain from the
105	103		Department of Public Safety under Section 411.13861, Government
106	104		Code.
107	105		(b) The department may obtain criminal history record
108	106		information regarding an eligible person as provided by Section
109	107		411.13861, Government Code. Criminal history record information
110	108		obtained under Section 411.13861 is subject to the restrictions and
111	109		requirements of that section.
112	110		SECTION 5. This Act takes effect immediately if it receives
113	111		a vote of two-thirds of all the members elected to each house, as
114	112		provided by Section 39, Article III, Texas Constitution. If this
115	113		Act does not receive the vote necessary for immediate effect, this
116	114		Act takes effect September 1, 2015.
	115	+	______________________________ ______________________________
	116	+	President of the Senate Speaker of the House
	117	+	I hereby certify that S.B. No. 1540 passed the Senate on
	118	+	April 30, 2015, by the following vote: Yeas 31, Nays 0.
	119	+	______________________________
	120	+	Secretary of the Senate
	121	+	I hereby certify that S.B. No. 1540 passed the House on
	122	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	123	+	present not voting.
	124	+	______________________________
	125	+	Chief Clerk of the House
	126	+	Approved:
	127	+	______________________________
	128	+	Date
	129	+	______________________________
	130	+	Governor