Texas 2019 - 86th Regular

Texas House Bill HB3699 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R21934 KKR-F
2		-	By: Turner of Dallas, Davis of Harris, H.B. No. 3699
3		-	Sheffield, Cortez
4		-	Substitute the following for H.B. No. 3699:
5		-	By: Sheffield C.S.H.B. No. 3699
	1	+	By: Turner of Dallas H.B. No. 3699
6	2
7	3
8	4		A BILL TO BE ENTITLED
9	5		AN ACT
10		-	relating to the ~~authority~~ of ~~the~~ Health and Human Services
11		-	~~Commission~~ to obtain criminal history record information.
	6	+	relating to the ability of health and human services agencies to
	7	+	continue to be able to obtain criminal history record information.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Section 411.110, Government Code, is amended to
14	10		read as follows:
15	11		Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD
16	12		INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
17	13		HUMAN SERVICES COMMISSION. (a) The Department of State Health
18		-	Services and the Health and Human Services Commission are [is]
19		-	entitled to obtain from the department criminal history record
20		-	information maintained by the department that relates to:
	14	+	Services or the Health and Human Services Commission, as
	15	+	applicable, is entitled to obtain from the department criminal
	16	+	history record information maintained by the department that
	17	+	relates to:
21	18		(1) a person who is:
22	19		(A) an applicant for a license or certificate
23	20		under the Emergency Health Care Act (Chapter 773, Health and Safety
24	21		Code);
25	22		(B) an owner or manager of an applicant for an
26	23		emergency medical services provider license under that Act; or
27	24		(C) the holder of a license or certificate under
28	25		that Act;
29	26		(2) an applicant for a license or a license holder
30	27		under Subchapter N, Chapter 431, Health and Safety Code;
31		-	(3) [an applicant for a license, the owner or manager
32		-	of an applicant for a massage establishment license, or a license
	28	+	(3) an applicant for a license, the owner or manager of
	29	+	an applicant for a massage establishment license, or a license
33	30		holder under Chapter 455, Occupations Code;
34		-	[(4)] an applicant for employment at or current
35		-	~~employee~~ of:
	31	+	(4) an applicant for employment at or current employee
	32	+	of:
36	33		(A) a public health hospital as defined by
37	34		Section 13.033, Health and Safety Code; or
38	35		(B) the South Texas Health Care System;
39		-	(4) [(5)] an applicant for employment at, current
40		-	employee of, or person who contracts or may contract to provide
41		-	goods or services with the Council on Sex Offender Treatment or
42		-	other division or component of the Health and Human Services
43		-	Commission [Department of State Health Services] that monitors
44		-	sexually violent predators as described by Section 841.003(a),
45		-	Health and Safety Code; or
46		-	(5) [(6)] a person authorized to access vital records
47		-	or the vital records electronic registration system under Chapter
48		-	191, Health and Safety Code, including an employee of or contractor
49		-	for the Department of State Health Services, a local registrar, a
	36	+	(5) an applicant for employment at, current employee
	37	+	of, or person who contracts or may contract to provide goods or
	38	+	services with the Council on Sex Offender Treatment or other
	39	+	division or component of the Department of State Health Services
	40	+	that monitors sexually violent predators as described by Section
	41	+	841.003(a), Health and Safety Code; or
	42	+	(6) a person authorized to access vital records or the
	43	+	vital records electronic registration system under Chapter 191,
	44	+	Health and Safety Code, including an employee of or contractor for
	45	+	the Department of State Health Services, a local registrar, a
50	46		medical professional, or a funeral director.
51	47		(b) Criminal history record information obtained by the
52	48		Department of State Health Services or the Health and Human
53		-	Services Commission under Subsection (a) may not be released or
54		-	disclosed to any person except on court order, with the written
55		-	consent of the person or entity that is the subject of the criminal
56		-	history record information, or as provided by Subsection (e).
	49	+	Services Commission, as applicable, under Subsection (a) may not be
	50	+	released or disclosed to any person except on court order, with the
	51	+	written consent of the person or entity that is the subject of the
	52	+	criminal history record information, or as provided by Subsection
	53	+	(e).
57	54		(c) After an entity is licensed or certified, the Department
58	55		of State Health Services or the Health and Human Services
59	56		Commission, as applicable, shall destroy the criminal history
60	57		record information that relates to that entity. The Department of
61	58		State Health Services or the Health and Human Services Commission,
62	59		as applicable, shall destroy the criminal history record
63	60		information that relates to:
64	61		(1) an applicant for employment after that applicant
65	62		is employed or, for an applicant who is not employed, after the
66	63		check of the criminal history record information on that applicant
67	64		is completed; or
68	65		(2) an employee or contractor after the check of the
69	66		criminal history record information on that employee or contractor
70	67		is completed.
71	68		(d) The Department of State Health Services or the Health
72	69		and Human Services Commission, as applicable, shall destroy
73	70		criminal history record information that relates to an applicant
74	71		who is not certified or employed, as applicable.
75	72		(e) The Department of State Health Services or the Health
76		-	and Human Services Commission is not prohibited ~~from disclosing~~
77		-	criminal history record information obtained under ~~Subsection (a)~~
78		-	in a criminal proceeding or in a hearing conducted by ~~the Department~~
79		-	of State Health Services or the Health and Human ~~Services~~
80		-	Commission, as applicable.
	73	+	and Human Services Commission, as applicable, is not prohibited
	74	+	from disclosing criminal history record information obtained under
	75	+	Subsection (a) in a criminal proceeding or in a hearing conducted by
	76	+	the Department of State Health Services or the Health and Human
	77	+	Services Commission, as applicable.
81	78		(f) The Department of State Health Services or the Health
82		-	and Human Services Commission may not consider ~~offenses for which~~
83		-	points are assessed under Section 708.052, ~~Transportation Code, to~~
84		-	determine whether to hire or retain an ~~employee or to contract with~~
85		-	a person on whom criminal history ~~record information is obtained~~
86		-	under this section.
	79	+	and Human Services Commission, as applicable, may not consider
	80	+	offenses for which points are assessed under Section 708.052,
	81	+	Transportation Code, to determine whether to hire or retain an
	82	+	employee or to contract with a person on whom criminal history
	83	+	record information is obtained under this section.
87	84		SECTION 2. Section 411.1103, Government Code, is amended to
88	85		read as follows:
89	86		Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD
90	87		INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
91	88		HUMAN SERVICES COMMISSION. (a) The Department of State Health
92		-	Services and the Health and Human Services Commission are [is]
93		-	entitled to obtain from the department criminal history record
94		-	information maintained by the department that relates to a person:
	89	+	Services or the Health and Human Services Commission, as
	90	+	applicable, is entitled to obtain from the department criminal
	91	+	history record information maintained by the department that
	92	+	relates to a person:
95	93		(1) who is:
96	94		(A) an applicant for employment at a state
97	95		hospital;
98	96		(B) an employee of a state hospital;
99	97		(C) a person who contracts or may contract to
100	98		provide goods or services to the Department of State Health
101	99		Services or the Health and Human Services Commission, as
102	100		applicable, at a state hospital or an employee of or applicant for
103	101		employment with that person;
104	102		(D) a volunteer with a state hospital; or
105	103		(E) an applicant for a volunteer position with a
106	104		state hospital; and
107	105		(2) who would be placed in direct contact with a
108	106		patient at a state hospital.
109	107		(b) Criminal history record information obtained by the
110	108		Department of State Health Services or the Health and Human
111		-	Services Commission under this section may not be ~~released or~~
112		-	disclosed to any person except:
	109	+	Services Commission, as applicable, under this section may not be
	110	+	released or disclosed to any person except:
113	111		(1) on court order;
114	112		(2) with the consent of the person who is the subject
115	113		of the criminal history record information;
116	114		(3) for purposes of an administrative hearing held by
117	115		the Department of State Health Services or the Health and Human
118	116		Services Commission, as applicable, concerning the person who is
119	117		the subject of the criminal history record information; or
120	118		(4) as provided by Subsection (c).
121	119		(c) The Department of State Health Services or the Health
122		-	and Human Services Commission is not prohibited ~~from releasing~~
123		-	criminal history record information obtained under ~~this section to~~
124		-	the person who is the subject of the criminal ~~history record~~
125		-	information.
	120	+	and Human Services Commission, as applicable, is not prohibited
	121	+	from releasing criminal history record information obtained under
	122	+	this section to the person who is the subject of the criminal
	123	+	history record information.
126	124		(d) Subject to Section 411.087, the Department of State
127		-	Health Services ~~and~~ the Health and Human Services Commission ~~are~~
128		-	[is] entitled to:
	125	+	Health Services or the Health and Human Services Commission, as
	126	+	applicable, is entitled to:
129	127		(1) obtain through the Federal Bureau of Investigation
130	128		criminal history record information maintained or indexed by that
131	129		bureau that pertains to a person described by Subsection (a); and
132	130		(2) obtain from any other criminal justice agency in
133	131		this state criminal history record information maintained by that
134	132		criminal justice agency that relates to a person described by
135	133		Subsection (a).
136	134		(e) This section does not prohibit the Department of State
137		-	Health Services or the Health and Human Services Commission ~~from~~
138		-	obtaining and using criminal history record ~~information as provided~~
139		-	by other law.
	135	+	Health Services or the Health and Human Services Commission, as
	136	+	applicable, from obtaining and using criminal history record
	137	+	information as provided by other law.
140	138		SECTION 3. Section 411.1105, Government Code, is amended to
141	139		read as follows:
142	140		Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD
143	141		INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
144	142		HUMAN SERVICES COMMISSION. (a) The Department of State Health
145		-	Services ~~and~~ the Health and Human Services Commission ~~are [is]~~
146		-	entitled to obtain from the department criminal ~~history record~~
147		-	information maintained by the department that ~~relates to a person~~
148		-	who is:
	143	+	Services or the Health and Human Services Commission, as
	144	+	applicable, is entitled to obtain from the department criminal
	145	+	history record information maintained by the department that
	146	+	relates to a person who is:
149	147		(1) an applicant for a chemical dependency counselor's
150	148		license, a counselor intern's registration, or a clinical
151	149		supervisor certification under Chapter 504, Occupations Code; or
152	150		(2) the holder of a license, registration, or
153	151		certification under that chapter.
154	152		(b) In addition to information obtained from the Federal
155	153		Bureau of Investigation under Section 411.087, the Department of
156		-	State Health Services ~~and~~ the Health and Human Services Commission
157		-	~~are [~~is] entitled to obtain information relating to the ~~wanted~~
158		-	persons status of an individual listed in Subsection (a).
	154	+	State Health Services or the Health and Human Services Commission,
	155	+	as applicable, is entitled to obtain information relating to the
	156	+	wanted persons status of an individual listed in Subsection (a).
159	157		(c) Criminal history record information obtained by the
160	158		Department of State Health Services or the Health and Human
161		-	Services Commission under Subsection (a) may not be ~~released or~~
162		-	disclosed to any person except on court order, with the ~~consent of~~
163		-	the person who is the subject of the criminal history ~~record~~
164		-	information, or as provided by Subsection (d).
	159	+	Services Commission, as applicable, under Subsection (a) may not be
	160	+	released or disclosed to any person except on court order, with the
	161	+	consent of the person who is the subject of the criminal history
	162	+	record information, or as provided by Subsection (d).
165	163		(d) The Department of State Health Services or the Health
166	164		and Human Services Commission, as applicable, may provide the
167	165		applicant or licensee with a copy of the person's criminal history
168	166		record information obtained from the Department of Public Safety,
169	167		Federal Bureau of Investigation identification division, or
170	168		another law enforcement agency.
171		-	SECTION 4. Section 411.1131, Government Code, is amended to
	169	+	SECTION 4. Section 411.1106, Government Code, is amended to
	170	+	read as follows:
	171	+	Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD
	172	+	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) In this
	173	+	section, "commission" means the Health and Human Services
	174	+	Commission.
	175	+	(b) The executive commissioner of the commission, or the
	176	+	executive commissioner's designee, is entitled to obtain from the
	177	+	department criminal history record information maintained by the
	178	+	department that relates to a person who is:
	179	+	(1) an applicant for employment for a position in
	180	+	which the person, as an employee, would have access to sensitive
	181	+	personal or financial information, as determined by the executive
	182	+	commissioner, in:
	183	+	(A) the eligibility services division of the
	184	+	commission; or
	185	+	(B) the commission's office of inspector
	186	+	general; or
	187	+	(2) an employee of the commission who has access to
	188	+	sensitive personal or financial information, as determined by the
	189	+	executive commissioner.
	190	+	(b-1) The executive commissioner of the commission, or the
	191	+	executive commissioner's designee, is entitled to obtain from the
	192	+	department criminal history record information maintained by the
	193	+	department with respect to a function transferred to the commission
	194	+	under Subchapter A-1, Chapter 531.
	195	+	(c) Criminal history record information obtained by the
	196	+	executive commissioner of the commission, or by the executive
	197	+	commissioner's designee, under Subsection (b) may not be released
	198	+	or disclosed, except:
	199	+	(1) if the information is in a public record at the
	200	+	time the information is obtained;
	201	+	(2) on court order;
	202	+	(3) to a criminal justice agency, upon request;
	203	+	(4) with the consent of the person who is the subject
	204	+	of the criminal history record information; or
	205	+	(5) as provided by Subsection (d).
	206	+	(d) The commission is not prohibited from disclosing
	207	+	criminal history record information obtained under Subsection (b)
	208	+	in a criminal proceeding or in a hearing conducted by the
	209	+	commission.
	210	+	(e) The executive commissioner shall destroy all criminal
	211	+	history record information obtained under Subsection (b) as soon as
	212	+	practicable after the information is used for its authorized
	213	+	purpose.
	214	+	SECTION 5. Section 411.1131, Government Code, is amended to
172	215		read as follows:
173	216		Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD
174		-	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
175		-	ASSISTIVE AND REHABILITATIVE SERVICES]. (a) The Health and Human
176		-	Services Commission [Department of Assistive and Rehabilitative
177		-	Services] is entitled to obtain from the department criminal
178		-	history record information maintained by the department that
179		-	relates to a person who is an applicant for a staff position at an
	217	+	INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
	218	+	AND HEALTH AND HUMAN SERVICES COMMISSION. (a) The Department of
	219	+	Assistive and Rehabilitative Services or the Health and Human
	220	+	Services Commission, as applicable, is entitled to obtain from the
	221	+	department criminal history record information maintained by the
	222	+	department that relates to a person who is an applicant for a staff
	223	+	position at an outdoor training program for children who are deaf or
	224	+	hard of hearing conducted by a private entity through a contract
	225	+	with the Department of Assistive and Rehabilitative Services or the
	226	+	Health and Human Services Commission, as applicable, in accordance
	227	+	with Section 81.013, Human Resources Code.
	228	+	(b) Criminal history record information obtained by the
	229	+	Department of Assistive and Rehabilitative Services or the Health
	230	+	and Human Services Commission, as applicable, under Subsection (a)
	231	+	may be used only to evaluate an applicant for a staff position at an
180	232		outdoor training program for children who are deaf or hard of
181		-	hearing conducted by a private entity through a contract with the
182		-	Health and Human Services Commission [Department of Assistive and
183		-	Rehabilitative Services] in accordance with Section 81.013, Human
184		-	Resources Code.
185		-	(b) Criminal history record information obtained by the
186		-	Health and Human Services Commission [Department of Assistive and
187		-	Rehabilitative Services] under Subsection (a) may be used only to
188		-	evaluate an applicant for a staff position at an outdoor training
189		-	program for children who are deaf or hard of hearing. The Health
190		-	and Human Services Commission [Department of Assistive and
191		-	Rehabilitative Services] may release or disclose the information to
192		-	a private entity described by Subsection (a) for that purpose.
193		-	(c) The Health and Human Services Commission [Department of
194		-	Assistive and Rehabilitative Services] may not release or disclose
195		-	information obtained under Subsection (a), except on court order or
196		-	with the consent of the person who is the subject of the criminal
197		-	history record information, and shall destroy all criminal history
198		-	record information obtained under Subsection (a) after the
199		-	information is used for its authorized purpose.
200		-	SECTION 5. The heading to Section 411.114, Government Code,
201		-	is amended to read as follows:
	233	+	hearing. The Department of Assistive and Rehabilitative Services
	234	+	or the Health and Human Services Commission, as applicable, may
	235	+	release or disclose the information to a private entity described
	236	+	by Subsection (a) for that purpose.
	237	+	(c) The Department of Assistive and Rehabilitative Services
	238	+	or the Health and Human Services Commission, as applicable, may not
	239	+	release or disclose information obtained under Subsection (a),
	240	+	except on court order or with the consent of the person who is the
	241	+	subject of the criminal history record information, and shall
	242	+	destroy all criminal history record information obtained under
	243	+	Subsection (a) after the information is used for its authorized
	244	+	purpose.
	245	+	SECTION 6. Section 411.114, Government Code, is amended to
	246	+	read as follows:
202	247		Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD
203	248		INFORMATION: DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND
204		-	HEALTH AND HUMAN SERVICES COMMISSION.
205		-	SECTION 6. Sections 411.114(a), (b), and (c), Government
206		-	Code, are amended to read as follows:
207		-	(a)(1) In this subsection:
208		-	(A) "Child," "child-care facility,"
209		-	"child-placing agency," "facility," and "family home" have the
210		-	meanings assigned by Section 42.002, Human Resources Code.
	249	+	HEALTH AND HUMAN SERVICES COMMISSION. (a)(1) In this subsection:
	250	+	(A) "Child," "child-care facility," "child-
	251	+	placing agency," "facility," and "family home" have the meanings
	252	+	assigned by Section 42.002, Human Resources Code.
211	253		(A-1) "Department of Family and Protective
212	254		Services" includes:
213	255		(i) the Department of Family and Protective
214		-	Services as authorized by Section 40.002, Human Resources Code; ~~and~~
215		-	(ii) [the Health and Human Services
	256	+	Services as authorized by Section 40.002, Human Resources Code;
	257	+	(ii) the Health and Human Services
216	258		Commission with respect to a function transferred to the commission
217	259		under Subchapter A-1, Chapter 531; and
218		-	[(iii)] any person or entity acting as an
	260	+	(iii) any person or entity acting as an
219	261		authorized agent of the Department of Family and Protective
220	262		Services.
221	263		(B) "Elderly person" has the meaning assigned by
222	264		Section 48.002, Human Resources Code.
223		-	(D) "Person with a disability" has the meaning
224		-	assigned [means a disabled person as defined] by Section 48.002,
225		-	Human Resources Code.
	265	+	(C) Deleted by Acts 2011, 82nd Leg., R.S., Ch.
	266	+	1082 (S.B. 1178), Sec. 13, eff. September 1, 2012.
	267	+	(D) "Person with a disability" means a disabled
	268	+	person as defined by Section 48.002, Human Resources Code.
	269	+	(E) Repealed by Acts 2017, 85th Leg., R.S., Ch.
	270	+	1108 (H.B. 4094), Sec. 5, eff. September 1, 2017.
226	271		(2) The Department of Family and Protective Services
227	272		or the Health and Human Services Commission, as applicable, shall
228	273		obtain from the department criminal history record information
229	274		maintained by the department that relates to a person who is:
230	275		(A) an applicant for a license, registration,
231	276		certification, or listing under Chapter 42, Human Resources Code;
232	277		(B) an owner, operator, or employee of or an
233	278		applicant for employment by a child-care facility, child-placing
234	279		agency, or family home licensed, registered, certified, or listed
235	280		under Chapter 42, Human Resources Code;
236	281		(C) a person 14 years of age or older who will be
237	282		regularly or frequently working or staying in a facility or family
238	283		home, other than a child in the care of the home or facility;
239		-	(D) [except as provided by Subsection (d),] an
	284	+	(D) except as provided by Subsection (d), an
240	285		applicant selected for a position with the Department of Family and
241		-	Protective Services or the Health and Human Services Commission,
242		-	the duties of which include direct delivery of protective services
243		-	to children, elderly persons, or persons with a disability;
	286	+	Protective Services or the Health and Human Services Commission, as
	287	+	applicable, the duties of which include direct delivery of
	288	+	protective services to children, elderly persons, or persons with a
	289	+	disability;
244	290		(E) an employee of, an applicant for employment
245	291		with, or a volunteer or an applicant volunteer with a business
246	292		entity or person that contracts with the Department of Family and
247		-	Protective Services or the Health and Human Services Commission to
248		-	provide direct delivery of protective services to ~~children, elderly~~
249		-	persons, or persons with a disability, if the ~~person's duties or~~
250		-	responsibilities include direct contact with ~~children, elderly~~
251		-	persons, or persons with a disability;
	293	+	Protective Services or the Health and Human Services Commission, as
	294	+	applicable, to provide direct delivery of protective services to
	295	+	children, elderly persons, or persons with a disability, if the
	296	+	person's duties or responsibilities include direct contact with
	297	+	children, elderly persons, or persons with a disability;
252	298		(F) a registered volunteer with the Department of
253	299		Family and Protective Services or the Health and Human Services
254		-	Commission;
	300	+	Commission, as applicable;
255	301		(G) a person providing or applying to provide
256	302		in-home, adoptive, or foster care for children in the care of the
257	303		Department of Family and Protective Services or the Health and
258		-	Human Services Commission and other persons living ~~in the residence~~
259		-	in which the child will reside;
	304	+	Human Services Commission, as applicable, and other persons living
	305	+	in the residence in which the child will reside;
260	306		(H) a Department of Family and Protective
261		-	Services ~~employee~~ or a Health and Human Services Commission
262		-	employee who is engaged in the direct delivery of ~~protective~~
263		-	services to children, elderly persons, or persons with a
	307	+	Services or the Health and Human Services Commission, as
	308	+	applicable, employee who is engaged in the direct delivery of
	309	+	protective services to children, elderly persons, or persons with a
264	310		disability;
265	311		(I) an alleged perpetrator in a report the
266	312		Department of Family and Protective Services or the Health and
267		-	Human Services Commission receives alleging that ~~the person has~~
268		-	abused, neglected, or exploited a child, an elderly ~~person, or a~~
269		-	person with a disability, provided that:
	313	+	Human Services Commission, as applicable, receives alleging that
	314	+	the person has abused, neglected, or exploited a child, an elderly
	315	+	person, or a person with a disability, provided that:
270	316		(i) the report alleges the person has
271	317		engaged in conduct that meets the applicable definition of abuse,
272	318		neglect, or exploitation under Chapter 261, Family Code, or Chapter
273	319		48, Human Resources Code; and
274	320		(ii) the person is not also the victim of
275	321		the alleged conduct;
276	322		(J) a person providing child care for a child who
277	323		is in the care of the Department of Family and Protective Services
278		-	or the Health and Human Services Commission and who ~~is or will be~~
279		-	receiving adoptive, foster, or in-home care;
	324	+	or the Health and Human Services Commission, as applicable, and who
	325	+	is or will be receiving adoptive, foster, or in-home care;
280	326		(K) through a contract with a nonprofit
281	327		management center, an employee of, an applicant for employment
282	328		with, or a volunteer or an applicant volunteer with a nonprofit,
283	329		tax-exempt organization that provides any service that involves the
284	330		care of or access to a child, an elderly person, or a person with a
285	331		disability; or
286	332		(L) an applicant for a child-care administrator
287	333		or child-placing agency administrator license under Chapter 43,
288	334		Human Resources Code.
289	335		(3) In addition to the criminal history record
290	336		information the Department of Family and Protective Services or the
291		-	Health and Human Services Commission is required to ~~obtain under~~
292		-	Subdivision (2), the Department of Family and ~~Protective Services~~
293		-	or the Health and Human Services Commission, as ~~applicable, is~~
294		-	entitled to obtain from the department criminal ~~history record~~
295		-	information maintained by the department that ~~relates to a person~~
296		-	who is:
	337	+	Health and Human Services Commission, as applicable, is required to
	338	+	obtain under Subdivision (2), the Department of Family and
	339	+	Protective Services or the Health and Human Services Commission, as
	340	+	applicable, is entitled to obtain from the department criminal
	341	+	history record information maintained by the department that
	342	+	relates to a person who is:
297	343		(A) an applicant for a position with the
298	344		Department of Family and Protective Services or the Health and
299		-	Human Services Commission regardless of the duties of the position,
300		-	including a position described by Subdivision (2)(D);
	345	+	Human Services Commission, as applicable, regardless of the duties
	346	+	of the position, including a position described by Subdivision
	347	+	(2)(D);
301	348		(B) a Department of Family and Protective
302		-	Services ~~employee~~ or a Health and Human Services Commission
303		-	employee regardless of the duties of the employee's ~~position,~~
304		-	including an employee described by Subdivision (2)(H);
	349	+	Services or the Health and Human Services Commission, as
	350	+	applicable, employee regardless of the duties of the employee's
	351	+	position, including an employee described by Subdivision (2)(H);
305	352		(C) a volunteer or applicant volunteer with the
306	353		Department of Family and Protective Services or the Health and
307		-	Human Services Commission regardless of the duties ~~to be performed,~~
308		-	including a registered volunteer;
	354	+	Human Services Commission, as applicable, regardless of the duties
	355	+	to be performed, including a registered volunteer;
309	356		(D) an employee of, an applicant for employment
310	357		with, or a volunteer or an applicant volunteer with an entity or
311	358		person that contracts with the Department of Family and Protective
312	359		Services or the Health and Human Services Commission, as
313		-	applicable, and has access to confidential information in ~~that~~
314		-	~~[the]~~ department's or commission's records, ~~if the employee,~~
315		-	applicant, volunteer, or applicant volunteer has ~~or will have~~
316		-	access to that confidential information;
	360	+	applicable, and has access to confidential information in the
	361	+	department's or the Health and Human Services Commission's records,
	362	+	if the employee, applicant, volunteer, or applicant volunteer has
	363	+	or will have access to that confidential information;
317	364		(E) a person living in the residence in which the
318	365		alleged victim of the report resides, including an alleged
319	366		perpetrator in a report described by Subdivision (2)(I);
320	367		(F) a person providing, at the request of the
321	368		child's parent, in-home care for a child who is the subject of a
322	369		report alleging the child has been abused or neglected;
323	370		(G) a person providing, at the request of the
324	371		child's parent, in-home care for a child only if the person gives
325	372		written consent to the release and disclosure of the information;
326	373		(H) a child who is related to the caretaker, as
327	374		determined under Section 42.002, Human Resources Code, or any other
328	375		person who resides in, is present in, or has unsupervised access to
329	376		a child in the care of a facility or family home;
330	377		(I) a relative of a child in the care of the
331	378		Department of Family and Protective Services or the Health and
332	379		Human Services Commission, as applicable, to the extent necessary
333	380		to comply with Section 162.007, Family Code;
334	381		(J) a person providing or applying to provide
335	382		in-home, adoptive, or foster care for children to the extent
336	383		necessary to comply with Subchapter B, Chapter 162, Family Code;
337	384		(K) a person who volunteers to supervise
338	385		visitation under Subchapter B, Chapter 263, Family Code;
339	386		(L) an employee of or volunteer at, or an
340	387		applicant for employment with or to be a volunteer at, an entity
341	388		that provides supervised independent living services to a young
342	389		adult receiving extended foster care services from the Department
343	390		of Family and Protective Services or the Health and Human Services
344	391		Commission, as applicable;
345	392		(M) a person 14 years of age or older who will be
346	393		regularly or frequently working or staying in a host home that is
347	394		providing supervised independent living services to a young adult
348	395		receiving extended foster care services from the Department of
349	396		Family and Protective Services or the Health and Human Services
350	397		Commission, as applicable;
351	398		(N) a volunteer or applicant volunteer with a
352	399		local affiliate in this state of Big Brothers Big Sisters of
353	400		America;
354	401		(O) a volunteer or applicant volunteer with an
355	402		organization that provides court-appointed volunteer advocates for
356	403		abused or neglected children; or
357	404		(P) an employee, volunteer, or applicant
358	405		volunteer of a children's advocacy center under Subchapter E,
359	406		Chapter 264, Family Code, including a member of the governing board
360	407		of a center.
361	408		(4) Subject to Section 411.087, the Department of
362		-	Family and Protective Services ~~and~~ the Health and Human Services
363		-	Commission ~~are [~~is] entitled to:
	409	+	Family and Protective Services or the Health and Human Services
	410	+	Commission, as applicable, is entitled to:
364	411		(A) obtain through the Federal Bureau of
365	412		Investigation criminal history record information maintained or
366	413		indexed by that bureau that pertains to a person described by
367	414		Subdivision (2) or (3); and
368	415		(B) obtain from any other criminal justice agency
369	416		in this state criminal history record information maintained by
370	417		that criminal justice agency that relates to a person described by
371	418		Subdivision (2) or (3). Law enforcement entities shall expedite
372	419		the furnishing of such information to Department of Family and
373		-	Protective Services ~~workers or~~ Health and Human Services Commission
374		-	~~workers, as~~ applicable, to ensure prompt criminal background checks
375		-	~~for~~ the safety of alleged victims and Department of Family and
376		-	Protective Services ~~workers or~~ Health and Human Services Commission
377		-	workers~~, as applicable~~.
	420	+	Protective Services or the Health and Human Services Commission, as
	421	+	applicable, workers to ensure prompt criminal background checks for
	422	+	the safety of alleged victims and Department of Family and
	423	+	Protective Services or the Health and Human Services Commission, as
	424	+	applicable, workers.
378	425		(5) The Department of Family and Protective Services
379		-	or the Health and Human Services Commission may not ~~use the~~
380		-	authority granted under this section to harass an employee or
381		-	volunteer. The commissioner of the Department of Family and
	426	+	or the Health and Human Services Commission, as applicable, may not
	427	+	use the authority granted under this section to harass an employee
	428	+	or volunteer. The commissioner of the Department of Family and
382	429		Protective Services or the executive commissioner of the Health and
383	430		Human Services Commission, as applicable, shall adopt rules to
384	431		prevent the harassment of an employee or volunteer through the
385	432		request and use of criminal records.
386	433		(6) Criminal history record information obtained by
387	434		the Department of Family and Protective Services or the Health and
388		-	Human Services Commission under this subsection may ~~not be released~~
389		-	to any person except:
	435	+	Human Services Commission, as applicable, under this subsection may
	436	+	not be released to any person except:
390	437		(A) on court order;
391	438		(B) with the consent of the person who is the
392	439		subject of the criminal history record information;
393	440		(C) for purposes of an administrative hearing
394	441		held by the Department of Family and Protective Services or the
395	442		Health and Human Services Commission, as applicable, concerning the
396	443		person who is the subject of the criminal history record
397	444		information; or
398	445		(D) as provided by Subdivision (7).
399		-	(7) Subject to Subdivision (8), the [The] Department
400		-	of Family and Protective Services or the Health and Human Services
401		-	Commission, as applicable, is not prohibited from releasing
402		-	criminal history record information obtained under this subsection
403		-	to:
	446	+	(7) The Department of Family and Protective Services
	447	+	or the Health and Human Services Commission, as applicable, is not
	448	+	prohibited from releasing criminal history record information
	449	+	obtained under this subsection to:
404	450		(A) the person who is the subject of the criminal
405	451		history record information;
406	452		(B) a child-placing agency listed in Subdivision
407	453		(2) that is seeking to verify or approve a foster or adoptive home
408		-	under procedures authorized by ~~federal law [~~Section 471(a)(20)(A),
409		-	~~Social~~ Security Act (42 U.S.C. Section 671(a)(20)(A))];
	454	+	under procedures authorized by Section 471(a)(20)(A), Social
	455	+	Security Act (42 U.S.C. Section 671(a)(20)(A));
410	456		(C) an adult who resides with an alleged victim
411	457		of abuse, neglect, or exploitation of a child, elderly person, or
412	458		person with a disability and who also resides with the alleged
413	459		perpetrator of that abuse, neglect, or exploitation if:
414	460		(i) the alleged perpetrator is the subject
415	461		of the criminal history record information; and
416	462		(ii) the Department of Family and
417	463		Protective Services or the Health and Human Services Commission, as
418	464		applicable, determines that the release of information to the adult
419	465		is necessary to ensure the safety or welfare of the alleged victim
420	466		or the adult; or
421		-	(D) an elderly ~~person~~ or ~~a [~~disabled] person ~~with~~
422		-	~~a disability who is an~~ alleged victim of abuse, neglect, or
423		-	~~exploitation and who resides~~ with the alleged perpetrator of that
424		-	~~abuse, neglect, or~~ exploitation if:
	467	+	(D) an elderly or disabled person who is an
	468	+	alleged victim of abuse, neglect, or exploitation and who resides
	469	+	with the alleged perpetrator of that abuse, neglect, or
	470	+	exploitation if:
425	471		(i) the alleged perpetrator is the subject
426	472		of the criminal history record information; and
427	473		(ii) the Department of Family and
428	474		Protective Services or the Health and Human Services Commission, as
429	475		applicable, determines that the release of information to the
430		-	[elderly or disabled] person [or adult] is necessary to ensure the
431		-	safety or welfare of the [elderly or disabled] person.
432		-	(8) The Department of Family and Protective Services
433		-	or the Health and Human Services Commission may only release to a
434		-	person described by Subdivision (7)(C) or (D) criminal history
435		-	record information that that department or commission obtains from
436		-	the Department of Public Safety's computerized criminal history
437		-	system.
	476	+	elderly or disabled person or adult is necessary to ensure the
	477	+	safety or welfare of the elderly or disabled person.
438	478		(b) The failure or refusal to provide a complete set of
439	479		fingerprints or a complete name on request constitutes good cause
440	480		for dismissal or refusal to hire, as applicable, with regard to a
441	481		volunteer of or an employee or applicant for permanent or temporary
442	482		employment with the Department of Family and Protective Services or
443	483		the Health and Human Services Commission, as applicable, or a
444	484		facility, home, business, or other entity, if the volunteer
445	485		position, employment, or potential employment involves direct
446	486		interaction with or the opportunity to interact and associate with
447	487		children.
448	488		(c) The Department of Family and Protective Services or the
449	489		Health and Human Services Commission, as applicable, may charge an
450	490		organization or person that requests criminal history record
451	491		information under Subsection (a)(3) a fee in an amount necessary to
452	492		cover the costs of obtaining the information on the organization's
453	493		or person's behalf.
454		-	SECTION 7. Section 411.1142, Government Code, is amended to
455		-	read as follows:
456		-	Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD:
457		-	[INTERAGENCY COUNCIL ON] EARLY CHILDHOOD INTERVENTION PROGRAM
458		-	WITHIN HEALTH AND HUMAN SERVICES COMMISSION. (a) The [Interagency
459		-	Council on] Early Childhood Intervention program within the Health
460		-	and Human Services Commission is entitled to obtain criminal
461		-	history record information maintained by the Department of Public
462		-	Safety, the Federal Bureau of Investigation identification
463		-	division, or another law enforcement agency that relates to an
464		-	employee or an applicant for permanent, temporary, or consultative
465		-	employment or for volunteer positions whose employment or potential
466		-	employment or volunteer position with the program [council] or a
467		-	local provider involves the delivery of early childhood
468		-	intervention services or involves direct interactions with or the
469		-	opportunity to interact and associate with children.
	494	+	(d) With respect to an applicant who is selected for
	495	+	employment for a function or in a division of the Department of
	496	+	Family and Protective Services that is transferred to the Health
	497	+	and Human Services Commission under Subchapter A-1, Chapter 531,
	498	+	the commission may obtain from the department criminal history
	499	+	record information maintained by the department that relates to the
	500	+	applicant.
	501	+	SECTION 7. Sec. 411.1142. ACCESS TO CRIMINAL HISTORY
	502	+	RECORD: INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION AND
	503	+	HUMAN SERVICES COMMISSION. (a) The Interagency Council on Early
	504	+	Childhood Intervention or the Health and Human Services Commission,
	505	+	as applicable, is entitled to obtain criminal history record
	506	+	information maintained by the Department of Public Safety, the
	507	+	Federal Bureau of Investigation identification division, or
	508	+	another law enforcement agency that relates to an employee or an
	509	+	applicant for permanent, temporary, or consultative employment or
	510	+	for volunteer positions whose employment or potential employment or
	511	+	volunteer position with the council or a local provider involves
	512	+	the delivery of early childhood intervention services or involves
	513	+	direct interactions with or the opportunity to interact and
	514	+	associate with children.
470	515		(b) Criminal history record information obtained by the
471		-	Health and Human Services Commission [council] under Subsection (a)
472		-	may not be released or disclosed to any person except on court
473		-	order, with the consent of the person who is the subject of the
474		-	criminal history record information, or as provided by Subsection
475		-	(d).
476		-	(c) The Health and Human Services Commission [council]
477		-	shall destroy criminal history record information that relates to a
478		-	person after the information is used for its authorized purpose.
479		-	(d) The Health and Human Services Commission [council] may
480		-	provide the applicant, employee, professional consultant, or
481		-	volunteer with a copy of the person's criminal history record
482		-	information obtained from the Department of Public Safety, Federal
483		-	Bureau of Investigation identification division, or another law
484		-	enforcement agency.
	516	+	council or the Health and Human Services Commission, as applicable,
	517	+	under Subsection (a) may not be released or disclosed to any person
	518	+	except on court order, with the consent of the person who is the
	519	+	subject of the criminal history record information, or as provided
	520	+	by Subsection (d).
	521	+	(c) The council or the Health and Human Services Commission,
	522	+	as applicable, shall destroy criminal history record information
	523	+	that relates to a person after the information is used for its
	524	+	authorized purpose.
	525	+	(d) The council or the Health and Human Services Commission,
	526	+	as applicable, may provide the applicant, employee, professional
	527	+	consultant, or volunteer with a copy of the person's criminal
	528	+	history record information obtained from the Department of Public
	529	+	Safety, Federal Bureau of Investigation identification division,
	530	+	or another law enforcement agency.
485	531		(e) The failure or refusal to provide a complete set of
486	532		fingerprints or a complete name on request constitutes good cause
487	533		for dismissal or refusal to hire, as applicable, with regard to
488		-	program [council] employees, professional consultants, and
489		-	applicants for permanent, temporary, or consultative employment or
490		-	for volunteer positions whose employment or potential employment or
491		-	volunteer position with the Health and Human Services Commission
492		-	[council] or a local provider involves the delivery of early
493		-	childhood intervention services or involves direct interactions
494		-	with or the opportunity to interact and associate with children.
495		-	SECTION 8. Sections 411.1144(a) and (d), Government Code,
496		-	are amended to read as follows:
497		-	(a) The Department of State Health Services[, the
498		-	Department of Aging and Disability Services,] and the Health and
499		-	Human Services Commission are entitled to obtain from the
500		-	department criminal history record information maintained by the
501		-	department that relates to a person:
	534	+	council employees, professional consultants, and applicants for
	535	+	permanent, temporary, or consultative employment or for volunteer
	536	+	positions whose employment or potential employment or volunteer
	537	+	position with the council or a local provider involves the delivery
	538	+	of early childhood intervention services or involves direct
	539	+	interactions with or the opportunity to interact and associate with
	540	+	children.
	541	+	SECTION 8. Section 411.1144, Government Code, is amended to
	542	+	read as follows:
	543	+	Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD
	544	+	INFORMATION: AGENCIES WITH EMPLOYEES, CONTRACTORS, OR VOLUNTEERS
	545	+	AT STATE SUPPORTED LIVING CENTERS. (a) The Department of State
	546	+	Health Services[, the Department of Aging and Disability Services,]
	547	+	and the Health and Human Services Commission are entitled to obtain
	548	+	from the department criminal history record information maintained
	549	+	by the department that relates to a person:
502	550		(1) who is:
503	551		(A) an applicant for employment with the agency;
504	552		(B) an employee of the agency;
505	553		(C) a volunteer with the agency;
506	554		(D) an applicant for a volunteer position with
507	555		the agency;
508	556		(E) an applicant for a contract with the agency;
509	557		or
510	558		(F) a contractor of the agency; and
511	559		(2) who would be placed in direct contact with a
512	560		resident or client, as defined by Section 555.001, Health and
513	561		Safety Code.
	562	+	(b) Criminal history record information obtained by an
	563	+	agency under Subsection (a) may not be released or disclosed to any
	564	+	person except:
	565	+	(1) on court order;
	566	+	(2) with the consent of the person who is the subject
	567	+	of the criminal history record information;
	568	+	(3) for purposes of an administrative hearing held by
	569	+	the agency concerning the person who is the subject of the criminal
	570	+	history record information; or
	571	+	(4) as provided by Subsection (c).
	572	+	(c) An agency is not prohibited from releasing criminal
	573	+	history record information obtained under Subsection (a) or (d) to
	574	+	the person who is the subject of the criminal history record
	575	+	information.
514	576		(d) Subject to Section 411.087, the Department of State
515	577		Health Services[, the Department of Aging and Disability Services,]
516	578		and the Health and Human Services Commission are entitled to:
517	579		(1) obtain through the Federal Bureau of Investigation
518	580		criminal history record information maintained or indexed by that
519	581		bureau that pertains to a person described by Subsection (a); and
520	582		(2) obtain from any other criminal justice agency in
521	583		this state criminal history record information maintained by that
522	584		criminal justice agency that relates to a person described by
523	585		Subsection (a).
	586	+	(e) This section does not prohibit an agency from obtaining
	587	+	and using criminal history record information as provided by other
	588	+	law.
524	589		SECTION 9. Section 411.115, Government Code, is amended to
525	590		read as follows:
526	591		Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD
527		-	INFORMATION: [TEXAS] DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH
	592	+	INFORMATION: TEXAS DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH
528	593		AND HUMAN SERVICES COMMISSION [MENTAL HEALTH AND MENTAL
529	594		RETARDATION]; LOCAL AUTHORITIES; COMMUNITY CENTERS. (a) In this
530		-	section, "local mental health authority," "local intellectual and
531		-	developmental disability [mental retardation] authority," and
532		-	"community center" have the meanings assigned by Section 531.002,
533		-	Health and Safety Code.
534		-	(b) The [Texas] Department of State Health Services, the
535		-	Health and Human Services Commission [Mental Health and Mental
536		-	Retardation], a local mental health or intellectual and
537		-	developmental disability [mental retardation] authority, or a
538		-	community center, as applicable, is entitled to obtain from the
539		-	department criminal history record information maintained by the
540		-	department that relates to a person:
	595	+	section, "local mental health authority," "local mental
	596	+	retardation authority," and "community center" have the meanings
	597	+	assigned by Section 531.002, Health and Safety Code.
	598	+	(b) The Texas Department of State Health Services or the
	599	+	Health and Human Services Commission, as applicable [Mental Health
	600	+	and Mental Retardation], a local mental health or mental
	601	+	retardation authority, or a community center is entitled to obtain
	602	+	from the department criminal history record information maintained
	603	+	by the department that relates to a person:
541	604		(1) who is:
542		-	(A) an applicant for employment with the [Texas]
543		-	Department of State Health Services, the Health and Human Services
544		-	Commission [Mental Health and Mental Retardation], a local mental
545		-	health or intellectual and developmental disability [mental
546		-	retardation] authority, or a community center;
547		-	(B) an employee of the [Texas] Department of
548		-	State Health Services, the Health and Human Services Commission
549		-	[Mental Health and Mental Retardation], a local mental health or
550		-	intellectual and developmental disability [mental retardation]
	605	+	(A) an applicant for employment with the Texas
	606	+	Department of State Health Services or the Health and Human
	607	+	Services Commission, as applicable [Mental Health and Mental
	608	+	Retardation], a local mental health or mental retardation
551	609		authority, or a community center;
	610	+	(B) an employee of the Texas Department of State
	611	+	Health Services or the Health and Human Services Commission, as
	612	+	applicable [Mental Health and Mental Retardation], a local mental
	613	+	health or mental retardation authority, or a community center;
552	614		(C) an applicant for employment with or an
553		-	employee of a business or person that contracts with the [Texas]
554		-	Department of State Health Services, the Health and Human Services
555		-	Commission [Mental Health and Mental Retardation], a local mental
556		-	health or intellectual and developmental disability [mental
557		-	retardation] authority, or a community center to provide
558		-	residential services to patients with mental illness or clients
559		-	with an intellectual or developmental disability [mental
560		-	retardation] who were furloughed or discharged from a [Texas]
561		-	Department of State Health Services facility, a Health and Human
562		-	Services Commission facility, [Mental Health and Mental
563		-	Retardation facility] or a community center, as applicable;
564		-	(D) a volunteer with the [Texas] Department of
565		-	State Health Services, the Health and Human Services Commission
566		-	[Mental Health and Mental Retardation], a local mental health or
567		-	intellectual and developmental disability [mental retardation]
568		-	authority, or a community center; or
	615	+	employee of a business or person that contracts with the Texas
	616	+	Department of State Health Services or the Health and Human
	617	+	Services Commission, as applicable [Mental Health and Mental
	618	+	Retardation], a local mental health or mental retardation
	619	+	authority, or a community center to provide residential services to
	620	+	patients with mental illness or clients with mental retardation who
	621	+	were furloughed or discharged from a Texas Department of State
	622	+	Health Services or the Health and Human Services Commission, as
	623	+	applicable, [Mental Health and Mental Retardation] facility or
	624	+	community center;
	625	+	(D) a volunteer with the Texas Department of
	626	+	State Health Services or the Health and Human Services Commission,
	627	+	as applicable [Mental Health and Mental Retardation], a local
	628	+	mental health or mental retardation authority, or a community
	629	+	center; or
569	630		(E) a volunteer applicant; and
570	631		(2) who would be placed in direct contact with
571		-	patients with mental illness or clients with ~~an intellectual or~~
572		-	~~developmental disability [mental~~ ~~retardation]~~.
	632	+	patients with mental illness or clients with mental retardation.
	633	+	(c) Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(2).
573	634		(d) Criminal history record information obtained by the
574		-	Department of State Health Services, the Health and Human ~~Services~~
575		-	Commission [mental health ~~department], a local~~ mental ~~health or~~
576		-	~~intellectual and developmental disability~~ [mental ~~retardation~~]
577		-	authority, or a community center under ~~Subsection (b) may not be~~
578		-	released or disclosed to a person, other ~~than the contractor that~~
579		-	employs the person who is the subject of ~~the criminal history record~~
580		-	information, except on court order or ~~with the consent of the person~~
581		-	who is the subject of the criminal ~~history record information.~~
582		-	~~(e) The [Texas] Department of State Health Services, the~~
583		-	Health ~~and Human~~ Services ~~Commission [Mental Health and Mental~~
584		-	~~Retardation]~~, ~~a local~~ mental health ~~or intellectual and~~
585		-	~~developmental disability [~~mental retardation] ~~authority,~~ or a
586		-	community center~~, as applicable,~~ shall collect and ~~destroy criminal~~
587		-	history record information that relates to a ~~person immediately~~
588		-	after making an employment decision or taking a ~~personnel action~~
589		-	relating to the person who is the subject of the ~~criminal history~~
590		-	record information.
	635	+	Texas Department of State Health Services or the Health and Human
	636	+	Services Commission, as applicable [Mental Health and Mental
	637	+	Retardation] [mental health department], a local mental health or
	638	+	mental retardation authority, or a community center under
	639	+	Subsection (b) may not be released or disclosed to a person, other
	640	+	than the contractor that employs the person who is the subject of
	641	+	the criminal history record information, except on court order or
	642	+	with the consent of the person who is the subject of the criminal
	643	+	history record information.
	644	+	(e) The Texas Department of State Health Services or the
	645	+	Health and Human Services Commission, as applicable [Mental Health
	646	+	and Mental Retardation], a local mental health or mental
	647	+	retardation authority, or a community center shall collect and
	648	+	destroy criminal history record information that relates to a
	649	+	person immediately after making an employment decision or taking a
	650	+	personnel action relating to the person who is the subject of the
	651	+	criminal history record information.
591	652		SECTION 10. Section 411.117, Government Code, is amended to
592	653		read as follows:
593	654		Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD
594	655		INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND TEXAS
595	656		WORKFORCE COMMISSION [DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
596		-	SERVICES]. The Health and Human Services Commission ~~and~~ the Texas
597		-	Workforce Commission ~~are~~ [Department of Assistive and
598		-	Rehabilitative Services is] entitled to obtain from the department
	657	+	SERVICES]. The Health and Human Services Commission or the Texas
	658	+	Workforce Commission, as applicable, [Department of Assistive and
	659	+	Rehabilitative Services] is entitled to obtain from the department
599	660		criminal history record information maintained by the department
600	661		that relates to a person who is:
601	662		(1) an applicant for services of the Health and Human
602	663		Services Commission or the Texas Workforce Commission, as
603		-	applicable [Department of Assistive and Rehabilitative Services];
	664	+	applicable, [Department of Assistive and Rehabilitative Services];
604	665		(2) a client of the Health and Human Services
605		-	Commission or the Texas Workforce Commission, as applicable
	666	+	Commission or the Texas Workforce Commission, as applicable,
606	667		[Department of Assistive and Rehabilitative Services]; or
607	668		(3) an applicant for employment whose potential duties
608	669		include direct contact with clients of the Health and Human
609	670		Services Commission or the Texas Workforce Commission, as
610		-	applicable [Department of Assistive and Rehabilitative Services].
611		-	SECTION 11. Section 411.122(d), Government Code, is amended
612		-	to read as follows:
	671	+	applicable, [Department of Assistive and Rehabilitative Services].
	672	+	SECTION 11. Section 411.122, Government Code, is amended to
	673	+	read as follows:
	674	+	Sec. 411.122. ACCESS TO CRIMINAL HISTORY RECORD
	675	+	INFORMATION: LICENSING OR REGULATORY AGENCY. (a) Except as
	676	+	provided by Subsection (c)(2), an agency of this state listed in
	677	+	Subsection (d) or a political subdivision of this state covered by
	678	+	Chapter 53, Occupations Code, that licenses or regulates members of
	679	+	a particular trade, occupation, business, vocation, or profession
	680	+	is entitled to obtain from the department criminal history record
	681	+	information maintained by the department that relates to a person
	682	+	who:
	683	+	(1) is an applicant for a license from the agency;
	684	+	(2) is the holder of a license from the agency; or
	685	+	(3) requests a determination of eligibility for a
	686	+	license from the agency.
	687	+	(b) A municipality or county that requires a sexually
	688	+	oriented business to obtain a license or other permit under Section
	689	+	243.007, Local Government Code, is entitled to obtain from the
	690	+	department criminal history record information maintained by the
	691	+	department that relates to a person who:
	692	+	(1) is an applicant for a license or other permit for a
	693	+	sexually oriented business issued by the municipality or county;
	694	+	(2) is the holder of a license or other permit for a
	695	+	sexually oriented business issued by the municipality or county; or
	696	+	(3) requests a determination of eligibility for a
	697	+	license or other permit for a sexually oriented business issued by
	698	+	the municipality or county.
	699	+	(c) This section does not apply to an agency that is:
	700	+	(1) specifically authorized by this subchapter or
	701	+	Subchapter E-1 to obtain criminal history record information from
	702	+	the department; or
	703	+	(2) covered by Section 53.002, Occupations Code, to
	704	+	the extent provided by that section.
613	705		(d) The following state agencies are subject to this
614	706		section:
615	707		(1) Texas Appraiser Licensing and Certification
616	708		Board;
617	709		(2) Texas Board of Architectural Examiners;
618	710		(3) Texas Board of Chiropractic Examiners;
619	711		(4) State Board of Dental Examiners;
620	712		(5) Texas Board of Professional Engineers;
621	713		(6) Texas Funeral Service Commission;
622	714		(7) Texas Board of Professional Geoscientists;
623		-	(8) Health ~~and Human~~ Services ~~Commission and~~ the
624		-	~~Department of State Health~~ Services, except as provided by ~~Section~~
625		-	411.110, and agencies attached to ~~that commission [~~the department],
	715	+	(8) Department of State Health Services or the Health
	716	+	and Human Services Commission, as applicable, except as provided by
	717	+	Section 411.110, and agencies attached to the department,
626	718		including:
627	719		(A) Texas State Board of Examiners of Marriage
628	720		and Family Therapists;
629	721		(B) Texas State Board of Examiners of
630	722		Professional Counselors; and
631	723		(C) Texas State Board of Social Worker Examiners;
632	724		(9) Texas Board of Professional Land Surveying;
633	725		(10) Texas Department of Licensing and Regulation,
634	726		except as provided by Section 411.093;
635	727		(11) Texas Commission on Environmental Quality;
636	728		(12) Texas Board of Occupational Therapy Examiners;
637	729		(13) Texas Optometry Board;
638	730		(14) Texas State Board of Pharmacy;
639	731		(15) Texas Board of Physical Therapy Examiners;
640	732		(16) Texas State Board of Plumbing Examiners;
641		-	(17) [Texas State Board of Podiatric Medical
642		-	Examiners;
643		-	[(18)] Texas State Board of Examiners of
644		-	Psychologists;
645		-	(18) [(19)] Texas Real Estate Commission;
646		-	(19) [(20)] Texas Department of Transportation;
647		-	(20) [(21)] State Board of Veterinary Medical
648		-	Examiners;
649		-	(21) [(22)] Texas Department of Housing and Community
	733	+	(17) Texas State Board of Podiatric Medical Examiners;
	734	+	(18) Texas State Board of Examiners of Psychologists;
	735	+	(19) Texas Real Estate Commission;
	736	+	(20) Texas Department of Transportation;
	737	+	(21) State Board of Veterinary Medical Examiners;
	738	+	(22) Texas Department of Housing and Community
650	739		Affairs;
651		-	~~(22) [~~(23)] secretary of state;
652		-	~~(23) [~~(24)] state fire marshal;
653		-	~~(24) [~~(25)] Texas Education Agency;
654		-	~~(25) [~~(26)] Department of Agriculture; and
655		-	~~(26) [~~(27)] Texas Department of Motor Vehicles.
656		-	SECTION 12. ~~The heading to~~ Section 411.1386, Government
657		-	~~Code, is amended~~ to read as follows:
	740	+	(23) secretary of state;
	741	+	(24) state fire marshal;
	742	+	(25) Texas Education Agency;
	743	+	(26) Department of Agriculture; and
	744	+	(27) Texas Department of Motor Vehicles.
	745	+	SECTION 12. Section 411.1386, Government Code, is amended
	746	+	to read as follows:
658	747		Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD
659	748		INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION
660	749		[DEPARTMENT OF AGING AND DISABILITY SERVICES]; GUARDIANSHIPS.
661		-	SECTION 13. Sections 411.1386(a-1), (a-2), (a-4), (e), and
662		-	(i), Government Code, are amended to read as follows:
	750	+	(a) Except as provided by Subsections (a-1), (a-5), and
	751	+	(a-6), the clerk of the county having venue over a proceeding for
	752	+	the appointment of a guardian under Title 3, Estates Code, shall
	753	+	obtain from the department criminal history record information
	754	+	maintained by the department that relates to:
	755	+	(1) a private professional guardian;
	756	+	(2) each person who represents or plans to represent
	757	+	the interests of a ward as a guardian on behalf of the private
	758	+	professional guardian;
	759	+	(3) each person employed by a private professional
	760	+	guardian who will:
	761	+	(A) have personal contact with a ward or proposed
	762	+	ward;
	763	+	(B) exercise control over and manage a ward's
	764	+	estate; or
	765	+	(C) perform any duties with respect to the
	766	+	management of a ward's estate;
	767	+	(4) each person employed by or volunteering or
	768	+	contracting with a guardianship program to provide guardianship
	769	+	services to a ward of the program on the program's behalf; or
	770	+	(5) any other person proposed to serve as a guardian
	771	+	under Title 3, Estates Code, including a proposed temporary
	772	+	guardian and a proposed successor guardian, other than an attorney.
663	773		(a-1) The Health and Human Services Commission [Department
664	774		of Aging and Disability Services] shall obtain from the Department
665	775		of Public Safety criminal history record information maintained by
666	776		the Department of Public Safety that relates to each individual who
667	777		is or will be providing guardianship services to a ward of or
668	778		referred by the Health and Human Services Commission [Department of
669	779		Aging and Disability Services], including:
670	780		(1) an employee of or an applicant selected for an
671	781		employment position with the Health and Human Services Commission
672	782		[Department of Aging and Disability Services];
673	783		(2) a volunteer or an applicant selected to volunteer
674	784		with the Health and Human Services Commission [Department of Aging
675	785		and Disability Services];
676	786		(3) an employee of or an applicant selected for an
677	787		employment position with a business entity or other person that
678	788		contracts with the Health and Human Services Commission [Department
679	789		of Aging and Disability Services] to provide guardianship services
680		-	to a ward referred by ~~that commission [~~the department];
	790	+	to a ward referred by the department;
681	791		(4) a volunteer or an applicant selected to volunteer
682	792		with a business entity or person described by Subdivision (3); and
683	793		(5) a contractor or an employee of a contractor who
684	794		provides services to a ward of the Health and Human Services
685	795		Commission [Department of Aging and Disability Services] under a
686	796		contract with the estate of the ward.
687	797		(a-2) The information in Subsection (a-1) regarding
688	798		applicants for employment positions must be obtained before an
689	799		offer of employment, and the information regarding applicant
690	800		volunteers must be obtained before the person's contact with a ward
691	801		of or referred by the Health and Human Services Commission
692	802		[Department of Aging and Disability Services].
	803	+	(a-3) The information in Subsection (a-1) regarding
	804	+	employees, contractors, or volunteers providing guardianship
	805	+	services must be obtained annually.
693	806		(a-4) The Health and Human Services Commission [Department
694	807		of Aging and Disability Services] shall provide the information
695	808		obtained under Subsection (a-1) to:
696	809		(1) the clerk of the county having venue over the
697	810		guardianship proceeding at the request of the court; and
698	811		(2) the guardianship certification program of the
699	812		Judicial Branch Certification Commission at the request of the
700		-	Judicial Branch Certification Commission [commission].
	813	+	commission.
	814	+	(a-5) Not later than the 10th day before the date of the
	815	+	hearing to appoint a guardian, a person may submit to the clerk a
	816	+	copy of the person's criminal history record information required
	817	+	under Subsection (a)(5) that the person obtains from the department
	818	+	not earlier than the 30th day before the date of the hearing.
	819	+	(a-6) The clerk described by Subsection (a) is not required
	820	+	to obtain criminal history record information for a person if the
	821	+	Judicial Branch Certification Commission conducted a criminal
	822	+	history check on the person under Chapter 155. The commission shall
	823	+	provide to the clerk at the court's request the criminal history
	824	+	record information that was obtained from the department or the
	825	+	Federal Bureau of Investigation.
	826	+	(b) Criminal history record information obtained by or
	827	+	provided to a clerk under Subsection (a), (a-5), or (a-6) is for the
	828	+	exclusive use of the court and is privileged and confidential.
	829	+	(c) Criminal history record information obtained by or
	830	+	provided to a clerk under Subsection (a), (a-5), or (a-6) may not be
	831	+	released or disclosed to any person or agency except on court order
	832	+	or with the consent of the person who is the subject of the
	833	+	information. The clerk may destroy the criminal history record
	834	+	information after the information is used for the purposes
	835	+	authorized by this section.
	836	+	(d) The criminal history record information obtained under
	837	+	Subsection (a-4) is for the exclusive use of the court or
	838	+	guardianship certification program of the Judicial Branch
	839	+	Certification Commission, as appropriate, and is privileged and
	840	+	confidential. The information may not be released or otherwise
	841	+	disclosed to any person or agency except on court order, with the
	842	+	consent of the person being investigated, or as authorized by
	843	+	Subsection (a-6) or Section 1104.404, Estates Code. The county
	844	+	clerk or guardianship certification program of the Judicial Branch
	845	+	Certification Commission may destroy the criminal history record
	846	+	information after the information is used for the purposes
	847	+	authorized by this section.
701	848		(e) The court, as that term is defined by Section 1002.008,
702	849		Estates Code, shall use the information obtained or provided under
703	850		Subsection (a), (a-4)(1), (a-5), or (a-6) only in determining
704	851		whether to:
705	852		(1) appoint, remove, or continue the appointment of a
706	853		private professional guardian, a guardianship program, or the
707	854		Health and Human Services Commission [Department of Aging and
708	855		Disability Services]; or
709	856		(2) appoint any other person proposed to serve as a
710	857		guardian under Title 3, Estates Code, including a proposed
711	858		temporary guardian and a proposed successor guardian, other than an
712	859		attorney.
	860	+	(f) Criminal history record information obtained by the
	861	+	guardianship certification program of the Judicial Branch
	862	+	Certification Commission under Subsection (a-4)(2) may be used for
	863	+	any purpose related to the issuance, denial, renewal, suspension,
	864	+	or revocation of a certificate issued by the commission.
	865	+	(g) A person commits an offense if the person releases or
	866	+	discloses any information received under this section without the
	867	+	authorization prescribed by Subsection (c) or (d). An offense under
	868	+	this subsection is a Class A misdemeanor.
	869	+	(h) The county clerk may charge a $10 fee to recover the
	870	+	costs of obtaining criminal history information records authorized
	871	+	by Subsection (a).
713	872		(i) This section does not prohibit the Health and Human
714	873		Services Commission [Department of Aging and Disability Services]
715	874		from obtaining and using criminal history record information as
716	875		provided by other law.
717		-	SECTION 14. ~~The heading to~~ Section 411.13861, Government
718		-	~~Code, is amended~~ to read as follows:
	876	+	SECTION 13. Section 411.13861, Government Code, is amended
	877	+	to read as follows:
719	878		Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD
720	879		INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
721		-	AGING AND DISABILITY SERVICES].
722		-	SECTION 15. Sections 411.13861(a), (b), (c), (d), and (f),
723		-	Government Code, are amended to read as follows:
724		-	(a) The Health and Human Services Commission [Department of
725		-	Aging and Disability Services] is entitled to obtain from the
726		-	Department of Public Safety criminal history record information
727		-	maintained by the Department of Public Safety that relates to a
728		-	person:
	880	+	AGING AND DISABILITY SERVICES]. (a) The Health and Human Services
	881	+	Commission [Department of Aging and Disability Services] is
	882	+	entitled to obtain from the Department of Public Safety criminal
	883	+	history record information maintained by the Department of Public
	884	+	Safety that relates to a person:
729	885		(1) required to undergo a background and criminal
730	886		history check under Chapter 248A, Health and Safety Code;
731	887		(2) who seeks unsupervised visits with a ward of the
732		-	Health and Human Services Commission [department], including a
	888	+	The Health and Human Services Commission [department], including a
733	889		relative of the ward;
734	890		(3) who is an applicant for employment with the Health
735	891		and Human Services Commission [Department of Aging and Disability
736	892		Services] for a position in which the person, as an employee, would
737	893		have direct access to residents or clients of a facility regulated
738	894		by the Health and Human Services Commission [department], as
739		-	determined by the executive commissioner of ~~that commission [aging~~
740		-	and disability services]; or
	895	+	determined by the executive commissioner of the Health and Human
	896	+	Services Commission [aging and disability services]; or
741	897		(4) who is an employee of the Health and Human Services
742	898		Commission [Department of Aging and Disability Services] and who
743	899		has direct access to residents or clients of a facility regulated by
744		-	that commission [the department], as determined by the executive
745		-	commissioner of that commission [aging and disability services].
	900	+	the Health and Human Services Commission [department], as
	901	+	determined by the executive commissioner of the Health and Human
	902	+	Services Commission [aging and disability services].
746	903		(b) Criminal history record information obtained under
747	904		Subsection (a) is for the exclusive use of the Health and Human
748	905		Services Commission [Department of Aging and Disability Services]
749	906		and is privileged and confidential.
750	907		(c) Criminal history record information obtained under
751	908		Subsection (a) may not be released or disclosed to any person or
752	909		agency except on court order or with the consent of the person who
753	910		is the subject of the information. The Health and Human Services
754	911		Commission [Department of Aging and Disability Services] may
755	912		destroy the criminal history record information after the
756	913		information is used for the purposes authorized by this section.
757	914		(d) This section does not prohibit the Health and Human
758	915		Services Commission [Department of Aging and Disability Services]
759	916		from obtaining and using criminal history record information as
760	917		provided by other law.
	918	+	(e) In this section, "ward" has the meaning assigned by
	919	+	Section 1002.030, Estates Code.
761	920		(f) Notwithstanding Subsection (c), the Health and Human
762	921		Services Commission [Department of Aging and Disability Services]
763	922		shall destroy information obtained under Subsection (a)(3) or (4)
764	923		after the information is used for the purposes authorized by this
765	924		section.
766		-	SECTION 16. Section 411.114(d), Government Code, is
767		-	repealed.
768		-	SECTION 17. To the extent of any conflict, this Act prevails
769		-	over another Act of the 86th Legislature, Regular Session, 2019,
770		-	relating to nonsubstantive additions to and corrections in enacted
771		-	codes.
772		-	SECTION 18. This Act takes effect immediately if it
	925	+	SECTION 14. This Act takes effect immediately if it
773	926		receives a vote of two-thirds of all the members elected to each
774	927		house, as provided by Section 39, Article III, Texas Constitution.
775	928		If this Act does not receive the vote necessary for immediate
776	929		effect, this Act takes effect September 1, 2019.