By: Perry S.B. No. 1540
(Keough)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Health and Human Services
Commission and the Department of Aging and Disability Services to
obtain criminal history record information regarding 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) In this
section, "commission" means the Health and Human Services
Commission.
(b) The executive commissioner of the commission, or the
executive commissioner's 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 person, as an employee, would have access to sensitive
personal or financial information, as determined by the executive
commissioner, in:
(A) the eligibility services division of the
commission; or
(B) the commission's office of inspector
general; or
(2) an employee of the commission who has access to
sensitive personal or financial information, as determined by the
executive commissioner.
(c) Criminal history record information obtained by the
executive commissioner of the commission, or by the executive
commissioner's designee, under Subsection (b) may not be released
or disclosed, except:
(1) if the information is in a public record at the
time the information is obtained;
(2) on court order;
(3) to a criminal justice agency, upon request;
(4) with the consent of the person who is the subject
of the criminal history record information; or
(5) as provided by Subsection (d).
(d) The commission is not prohibited from disclosing
criminal history record information obtained under Subsection (b)
in a criminal proceeding or in a hearing conducted by the
commission.
(e) The executive commissioner shall destroy all criminal
history record information obtained under Subsection (b) as soon as
practicable after the information is used for its authorized
purpose.
SECTION 2. Section 411.13861, Government Code, is amended
by amending Subsection (a), as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, and adding Subsection (f) to
read as follows:
(a) The Department of Aging and Disability Services is
entitled to obtain from the 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; [or]
(2) who seeks unsupervised visits with a ward of the
department, including a relative of the ward;
(3) who is an applicant for employment with the
Department of Aging and Disability Services for a position in which
the person, as an employee, would have direct access to residents or
clients of a facility regulated by the department, as determined by
the commissioner of aging and disability services; or
(4) who is an employee of the Department of Aging and
Disability Services and who has direct access to residents or
clients of a facility regulated by the department, as determined by
the commissioner of aging and disability services.
(f) Notwithstanding Subsection (c), the Department of Aging
and Disability Services shall destroy information obtained under
Subsection (a)(3) or (4) after the information is used for the
purposes authorized by this section.
SECTION 3. Subchapter A, Chapter 531, Government Code, is
amended by adding Section 531.00553 to read as follows:
Sec. 531.00553. CRIMINAL BACKGROUND CHECKS. (a) In this
section, "eligible person" means a person whose criminal history
record information the executive commissioner, or the executive
commissioner's designee, is entitled to obtain from the Department
of Public Safety under Section 411.1106.
(b) The executive commissioner may require an eligible
person 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 by obtaining criminal history record information under
Sections 411.1106 and 411.087.
(c) Criminal history record information obtained by the
executive commissioner under Sections 411.1106 and 411.087 may be
used only to evaluate the qualification or suitability for
employment, including continued employment, of an eligible person.
(d) Notwithstanding Subsection (c), the executive
commissioner or the executive commissioner's designee may release
or disclose criminal history record information obtained under
Section 411.087 only to a governmental entity or as otherwise
authorized by federal law, including federal regulations and
executive orders.
SECTION 4. Subchapter C, Chapter 161, Human Resources Code,
is amended by adding Section 161.057 to read as follows:
Sec. 161.057. CRIMINAL BACKGROUND CHECKS. (a) In this
section, "eligible person" means a person whose criminal history
record information the department is entitled to obtain from the
Department of Public Safety under Section 411.13861, Government
Code.
(b) The department may obtain criminal history record
information regarding an eligible person as provided by Section
411.13861, Government Code. Criminal history record information
obtained under Section 411.13861 is subject to the restrictions and
requirements of that section.
SECTION 5. 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.