86R21934 KKR-F
By: Turner of Dallas, Davis of Harris, H.B. No. 3699
Sheffield, Cortez
Substitute the following for H.B. No. 3699:
By: Sheffield C.S.H.B. No. 3699
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Health and Human Services
Commission to obtain criminal history record information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.110, Government Code, is amended to
read as follows:
Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
HUMAN SERVICES COMMISSION. (a) The Department of State Health
Services and the Health and Human Services Commission are [is]
entitled to obtain from the department criminal history record
information maintained by the department that relates to:
(1) a person who is:
(A) an applicant for a license or certificate
under the Emergency Health Care Act (Chapter 773, Health and Safety
Code);
(B) an owner or manager of an applicant for an
emergency medical services provider license under that Act; or
(C) the holder of a license or certificate under
that Act;
(2) an applicant for a license or a license holder
under Subchapter N, Chapter 431, Health and Safety Code;
(3) [an applicant for a license, the owner or manager
of an applicant for a massage establishment license, or a license
holder under Chapter 455, Occupations Code;
[(4)] an applicant for employment at or current
employee of:
(A) a public health hospital as defined by
Section 13.033, Health and Safety Code; or
(B) the South Texas Health Care System;
(4) [(5)] an applicant for employment at, current
employee of, or person who contracts or may contract to provide
goods or services with the Council on Sex Offender Treatment or
other division or component of the Health and Human Services
Commission [Department of State Health Services] that monitors
sexually violent predators as described by Section 841.003(a),
Health and Safety Code; or
(5) [(6)] a person authorized to access vital records
or the vital records electronic registration system under Chapter
191, Health and Safety Code, including an employee of or contractor
for the Department of State Health Services, a local registrar, a
medical professional, or a funeral director.
(b) Criminal history record information obtained by the
Department of State Health Services or the Health and Human
Services Commission under Subsection (a) may not be released or
disclosed to any person except on court order, with the written
consent of the person or entity that is the subject of the criminal
history record information, or as provided by Subsection (e).
(c) After an entity is licensed or certified, the Department
of State Health Services or the Health and Human Services
Commission, as applicable, shall destroy the criminal history
record information that relates to that entity. The Department of
State Health Services or the Health and Human Services Commission,
as applicable, shall destroy the criminal history record
information that relates to:
(1) an applicant for employment after that applicant
is employed or, for an applicant who is not employed, after the
check of the criminal history record information on that applicant
is completed; or
(2) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed.
(d) The Department of State Health Services or the Health
and Human Services Commission, as applicable, shall destroy
criminal history record information that relates to an applicant
who is not certified or employed, as applicable.
(e) The Department of State Health Services or the Health
and Human Services Commission is not prohibited from disclosing
criminal history record information obtained under Subsection (a)
in a criminal proceeding or in a hearing conducted by the Department
of State Health Services or the Health and Human Services
Commission, as applicable.
(f) The Department of State Health Services or the Health
and Human Services Commission may not consider offenses for which
points are assessed under Section 708.052, Transportation Code, to
determine whether to hire or retain an employee or to contract with
a person on whom criminal history record information is obtained
under this section.
SECTION 2. Section 411.1103, Government Code, is amended to
read as follows:
Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
HUMAN SERVICES COMMISSION. (a) The Department of State Health
Services and the Health and Human Services Commission are [is]
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person:
(1) who is:
(A) an applicant for employment at a state
hospital;
(B) an employee of a state hospital;
(C) a person who contracts or may contract to
provide goods or services to the Department of State Health
Services or the Health and Human Services Commission, as
applicable, at a state hospital or an employee of or applicant for
employment with that person;
(D) a volunteer with a state hospital; or
(E) an applicant for a volunteer position with a
state hospital; and
(2) who would be placed in direct contact with a
patient at a state hospital.
(b) Criminal history record information obtained by the
Department of State Health Services or the Health and Human
Services Commission under this section may not be released or
disclosed to any person except:
(1) on court order;
(2) with the consent of the person who is the subject
of the criminal history record information;
(3) for purposes of an administrative hearing held by
the Department of State Health Services or the Health and Human
Services Commission, as applicable, concerning the person who is
the subject of the criminal history record information; or
(4) as provided by Subsection (c).
(c) The Department of State Health Services or the Health
and Human Services Commission is not prohibited from releasing
criminal history record information obtained under this section to
the person who is the subject of the criminal history record
information.
(d) Subject to Section 411.087, the Department of State
Health Services and the Health and Human Services Commission are
[is] entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(e) This section does not prohibit the Department of State
Health Services or the Health and Human Services Commission from
obtaining and using criminal history record information as provided
by other law.
SECTION 3. Section 411.1105, Government Code, is amended to
read as follows:
Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
HUMAN SERVICES COMMISSION. (a) The Department of State Health
Services and the Health and Human Services Commission are [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 a chemical dependency counselor's
license, a counselor intern's registration, or a clinical
supervisor certification under Chapter 504, Occupations Code; or
(2) the holder of a license, registration, or
certification under that chapter.
(b) In addition to information obtained from the Federal
Bureau of Investigation under Section 411.087, the Department of
State Health Services and the Health and Human Services Commission
are [is] entitled to obtain information relating to the wanted
persons status of an individual listed in Subsection (a).
(c) Criminal history record information obtained by the
Department of State Health Services or the Health and Human
Services Commission under Subsection (a) may not be released or
disclosed to any person except on court order, with the consent of
the person who is the subject of the criminal history record
information, or as provided by Subsection (d).
(d) The Department of State Health Services or the Health
and Human Services Commission, as applicable, may provide the
applicant or licensee with a copy of the person's criminal history
record information obtained from the Department of Public Safety,
Federal Bureau of Investigation identification division, or
another law enforcement agency.
SECTION 4. Section 411.1131, Government Code, is amended to
read as follows:
Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
ASSISTIVE AND REHABILITATIVE SERVICES]. (a) The Health and Human
Services Commission [Department of Assistive and Rehabilitative
Services] is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person who is an applicant for a staff position at an
outdoor training program for children who are deaf or hard of
hearing conducted by a private entity through a contract with the
Health and Human Services Commission [Department of Assistive and
Rehabilitative Services] in accordance with Section 81.013, Human
Resources Code.
(b) Criminal history record information obtained by the
Health and Human Services Commission [Department of Assistive and
Rehabilitative Services] under Subsection (a) may be used only to
evaluate an applicant for a staff position at an outdoor training
program for children who are deaf or hard of hearing. The Health
and Human Services Commission [Department of Assistive and
Rehabilitative Services] may release or disclose the information to
a private entity described by Subsection (a) for that purpose.
(c) The Health and Human Services Commission [Department of
Assistive and Rehabilitative Services] may not release or disclose
information obtained under Subsection (a), except on court order or
with the consent of the person who is the subject of the criminal
history record information, and shall destroy all criminal history
record information obtained under Subsection (a) after the
information is used for its authorized purpose.
SECTION 5. The heading to Section 411.114, Government Code,
is amended to read as follows:
Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND
HEALTH AND HUMAN SERVICES COMMISSION.
SECTION 6. Sections 411.114(a), (b), and (c), Government
Code, are amended to read as follows:
(a)(1) In this subsection:
(A) "Child," "child-care facility,"
"child-placing agency," "facility," and "family home" have the
meanings assigned by Section 42.002, Human Resources Code.
(A-1) "Department of Family and Protective
Services" includes:
(i) the Department of Family and Protective
Services as authorized by Section 40.002, Human Resources Code; and
(ii) [the Health and Human Services
Commission with respect to a function transferred to the commission
under Subchapter A-1, Chapter 531; and
[(iii)] any person or entity acting as an
authorized agent of the Department of Family and Protective
Services.
(B) "Elderly person" has the meaning assigned by
Section 48.002, Human Resources Code.
(D) "Person with a disability" has the meaning
assigned [means a disabled person as defined] by Section 48.002,
Human Resources Code.
(2) The Department of Family and Protective Services
or the Health and Human Services Commission, as applicable, shall
obtain from the department criminal history record information
maintained by the department that relates to a person who is:
(A) an applicant for a license, registration,
certification, or listing under Chapter 42, Human Resources Code;
(B) an owner, operator, or employee of or an
applicant for employment by a child-care facility, child-placing
agency, or family home licensed, registered, certified, or listed
under Chapter 42, Human Resources Code;
(C) a person 14 years of age or older who will be
regularly or frequently working or staying in a facility or family
home, other than a child in the care of the home or facility;
(D) [except as provided by Subsection (d),] an
applicant selected for a position with the Department of Family and
Protective Services or the Health and Human Services Commission,
the duties of which include direct delivery of protective services
to children, elderly persons, or persons with a disability;
(E) an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with a business
entity or person that contracts with the Department of Family and
Protective Services or the Health and Human Services Commission to
provide direct delivery of protective services to children, elderly
persons, or persons with a disability, if the person's duties or
responsibilities include direct contact with children, elderly
persons, or persons with a disability;
(F) a registered volunteer with the Department of
Family and Protective Services or the Health and Human Services
Commission;
(G) a person providing or applying to provide
in-home, adoptive, or foster care for children in the care of the
Department of Family and Protective Services or the Health and
Human Services Commission and other persons living in the residence
in which the child will reside;
(H) a Department of Family and Protective
Services employee or a Health and Human Services Commission
employee who is engaged in the direct delivery of protective
services to children, elderly persons, or persons with a
disability;
(I) an alleged perpetrator in a report the
Department of Family and Protective Services or the Health and
Human Services Commission receives alleging that the person has
abused, neglected, or exploited a child, an elderly person, or a
person with a disability, provided that:
(i) the report alleges the person has
engaged in conduct that meets the applicable definition of abuse,
neglect, or exploitation under Chapter 261, Family Code, or Chapter
48, Human Resources Code; and
(ii) the person is not also the victim of
the alleged conduct;
(J) a person providing child care for a child who
is in the care of the Department of Family and Protective Services
or the Health and Human Services Commission and who is or will be
receiving adoptive, foster, or in-home care;
(K) through a contract with a nonprofit
management center, an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with a nonprofit,
tax-exempt organization that provides any service that involves the
care of or access to a child, an elderly person, or a person with a
disability; or
(L) an applicant for a child-care administrator
or child-placing agency administrator license under Chapter 43,
Human Resources Code.
(3) In addition to the criminal history record
information the Department of Family and Protective Services or the
Health and Human Services Commission is required to obtain under
Subdivision (2), the Department of Family and Protective Services
or the Health and Human Services Commission, as applicable, is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is:
(A) an applicant for a position with the
Department of Family and Protective Services or the Health and
Human Services Commission regardless of the duties of the position,
including a position described by Subdivision (2)(D);
(B) a Department of Family and Protective
Services employee or a Health and Human Services Commission
employee regardless of the duties of the employee's position,
including an employee described by Subdivision (2)(H);
(C) a volunteer or applicant volunteer with the
Department of Family and Protective Services or the Health and
Human Services Commission regardless of the duties to be performed,
including a registered volunteer;
(D) an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with an entity or
person that contracts with the Department of Family and Protective
Services or the Health and Human Services Commission, as
applicable, and has access to confidential information in that
[the] department's or commission's records, if the employee,
applicant, volunteer, or applicant volunteer has or will have
access to that confidential information;
(E) a person living in the residence in which the
alleged victim of the report resides, including an alleged
perpetrator in a report described by Subdivision (2)(I);
(F) a person providing, at the request of the
child's parent, in-home care for a child who is the subject of a
report alleging the child has been abused or neglected;
(G) a person providing, at the request of the
child's parent, in-home care for a child only if the person gives
written consent to the release and disclosure of the information;
(H) a child who is related to the caretaker, as
determined under Section 42.002, Human Resources Code, or any other
person who resides in, is present in, or has unsupervised access to
a child in the care of a facility or family home;
(I) a relative of a child in the care of the
Department of Family and Protective Services or the Health and
Human Services Commission, as applicable, to the extent necessary
to comply with Section 162.007, Family Code;
(J) a person providing or applying to provide
in-home, adoptive, or foster care for children to the extent
necessary to comply with Subchapter B, Chapter 162, Family Code;
(K) a person who volunteers to supervise
visitation under Subchapter B, Chapter 263, Family Code;
(L) an employee of or volunteer at, or an
applicant for employment with or to be a volunteer at, an entity
that provides supervised independent living services to a young
adult receiving extended foster care services from the Department
of Family and Protective Services or the Health and Human Services
Commission, as applicable;
(M) a person 14 years of age or older who will be
regularly or frequently working or staying in a host home that is
providing supervised independent living services to a young adult
receiving extended foster care services from the Department of
Family and Protective Services or the Health and Human Services
Commission, as applicable;
(N) a volunteer or applicant volunteer with a
local affiliate in this state of Big Brothers Big Sisters of
America;
(O) a volunteer or applicant volunteer with an
organization that provides court-appointed volunteer advocates for
abused or neglected children; or
(P) an employee, volunteer, or applicant
volunteer of a children's advocacy center under Subchapter E,
Chapter 264, Family Code, including a member of the governing board
of a center.
(4) Subject to Section 411.087, the Department of
Family and Protective Services and the Health and Human Services
Commission are [is] entitled to:
(A) obtain through the Federal Bureau of
Investigation criminal history record information maintained or
indexed by that bureau that pertains to a person described by
Subdivision (2) or (3); and
(B) obtain from any other criminal justice agency
in this state criminal history record information maintained by
that criminal justice agency that relates to a person described by
Subdivision (2) or (3). Law enforcement entities shall expedite
the furnishing of such information to Department of Family and
Protective Services workers or Health and Human Services Commission
workers, as applicable, to ensure prompt criminal background checks
for the safety of alleged victims and Department of Family and
Protective Services workers or Health and Human Services Commission
workers, as applicable.
(5) The Department of Family and Protective Services
or the Health and Human Services Commission may not use the
authority granted under this section to harass an employee or
volunteer. The commissioner of the Department of Family and
Protective Services or the executive commissioner of the Health and
Human Services Commission, as applicable, shall adopt rules to
prevent the harassment of an employee or volunteer through the
request and use of criminal records.
(6) Criminal history record information obtained by
the Department of Family and Protective Services or the Health and
Human Services Commission under this subsection may not be released
to any person except:
(A) on court order;
(B) with the consent of the person who is the
subject of the criminal history record information;
(C) for purposes of an administrative hearing
held by the Department of Family and Protective Services or the
Health and Human Services Commission, as applicable, concerning the
person who is the subject of the criminal history record
information; or
(D) as provided by Subdivision (7).
(7) Subject to Subdivision (8), the [The] Department
of Family and Protective Services or the Health and Human Services
Commission, as applicable, is not prohibited from releasing
criminal history record information obtained under this subsection
to:
(A) the person who is the subject of the criminal
history record information;
(B) a child-placing agency listed in Subdivision
(2) that is seeking to verify or approve a foster or adoptive home
under procedures authorized by federal law [Section 471(a)(20)(A),
Social Security Act (42 U.S.C. Section 671(a)(20)(A))];
(C) an adult who resides with an alleged victim
of abuse, neglect, or exploitation of a child, elderly person, or
person with a disability and who also resides with the alleged
perpetrator of that abuse, neglect, or exploitation if:
(i) the alleged perpetrator is the subject
of the criminal history record information; and
(ii) the Department of Family and
Protective Services or the Health and Human Services Commission, as
applicable, determines that the release of information to the adult
is necessary to ensure the safety or welfare of the alleged victim
or the adult; or
(D) an elderly person or a [disabled] person with
a disability who is an alleged victim of abuse, neglect, or
exploitation and who resides with the alleged perpetrator of that
abuse, neglect, or exploitation if:
(i) the alleged perpetrator is the subject
of the criminal history record information; and
(ii) the Department of Family and
Protective Services or the Health and Human Services Commission, as
applicable, determines that the release of information to the
[elderly or disabled] person [or adult] is necessary to ensure the
safety or welfare of the [elderly or disabled] person.
(8) The Department of Family and Protective Services
or the Health and Human Services Commission may only release to a
person described by Subdivision (7)(C) or (D) criminal history
record information that that department or commission obtains from
the Department of Public Safety's computerized criminal history
system.
(b) The failure or refusal to provide a complete set of
fingerprints or a complete name on request constitutes good cause
for dismissal or refusal to hire, as applicable, with regard to a
volunteer of or an employee or applicant for permanent or temporary
employment with the Department of Family and Protective Services or
the Health and Human Services Commission, as applicable, or a
facility, home, business, or other entity, if the volunteer
position, employment, or potential employment involves direct
interaction with or the opportunity to interact and associate with
children.
(c) The Department of Family and Protective Services or the
Health and Human Services Commission, as applicable, may charge an
organization or person that requests criminal history record
information under Subsection (a)(3) a fee in an amount necessary to
cover the costs of obtaining the information on the organization's
or person's behalf.
SECTION 7. Section 411.1142, Government Code, is amended to
read as follows:
Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD:
[INTERAGENCY COUNCIL ON] EARLY CHILDHOOD INTERVENTION PROGRAM
WITHIN HEALTH AND HUMAN SERVICES COMMISSION. (a) The [Interagency
Council on] Early Childhood Intervention program within the Health
and Human Services Commission is entitled to obtain criminal
history record information maintained by the Department of Public
Safety, the Federal Bureau of Investigation identification
division, or another law enforcement agency that relates to an
employee or an applicant for permanent, temporary, or consultative
employment or for volunteer positions whose employment or potential
employment or volunteer position with the program [council] or a
local provider involves the delivery of early childhood
intervention services or involves direct interactions with or the
opportunity to interact and associate with children.
(b) Criminal history record information obtained by the
Health and Human Services Commission [council] under Subsection (a)
may not be released or disclosed to any person except on court
order, with the consent of the person who is the subject of the
criminal history record information, or as provided by Subsection
(d).
(c) The Health and Human Services Commission [council]
shall destroy criminal history record information that relates to a
person after the information is used for its authorized purpose.
(d) The Health and Human Services Commission [council] may
provide the applicant, employee, professional consultant, or
volunteer with a copy of the person's criminal history record
information obtained from the Department of Public Safety, Federal
Bureau of Investigation identification division, or another law
enforcement agency.
(e) The failure or refusal to provide a complete set of
fingerprints or a complete name on request constitutes good cause
for dismissal or refusal to hire, as applicable, with regard to
program [council] employees, professional consultants, and
applicants for permanent, temporary, or consultative employment or
for volunteer positions whose employment or potential employment or
volunteer position with the Health and Human Services Commission
[council] or a local provider involves the delivery of early
childhood intervention services or involves direct interactions
with or the opportunity to interact and associate with children.
SECTION 8. Sections 411.1144(a) and (d), Government Code,
are amended to read as follows:
(a) The Department of State Health Services[, the
Department of Aging and Disability Services,] and the Health and
Human Services Commission are entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person:
(1) who is:
(A) an applicant for employment with the agency;
(B) an employee of the agency;
(C) a volunteer with the agency;
(D) an applicant for a volunteer position with
the agency;
(E) an applicant for a contract with the agency;
or
(F) a contractor of the agency; and
(2) who would be placed in direct contact with a
resident or client, as defined by Section 555.001, Health and
Safety Code.
(d) Subject to Section 411.087, the Department of State
Health Services[, the Department of Aging and Disability Services,]
and the Health and Human Services Commission are entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
SECTION 9. Section 411.115, Government Code, is amended to
read as follows:
Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: [TEXAS] DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH
AND HUMAN SERVICES COMMISSION [MENTAL HEALTH AND MENTAL
RETARDATION]; LOCAL AUTHORITIES; COMMUNITY CENTERS. (a) In this
section, "local mental health authority," "local intellectual and
developmental disability [mental retardation] authority," and
"community center" have the meanings assigned by Section 531.002,
Health and Safety Code.
(b) The [Texas] Department of State Health Services, the
Health and Human Services Commission [Mental Health and Mental
Retardation], a local mental health or intellectual and
developmental disability [mental retardation] authority, or a
community center, as applicable, is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person:
(1) who is:
(A) an applicant for employment with the [Texas]
Department of State Health Services, the Health and Human Services
Commission [Mental Health and Mental Retardation], a local mental
health or intellectual and developmental disability [mental
retardation] authority, or a community center;
(B) an employee of the [Texas] Department of
State Health Services, the Health and Human Services Commission
[Mental Health and Mental Retardation], a local mental health or
intellectual and developmental disability [mental retardation]
authority, or a community center;
(C) an applicant for employment with or an
employee of a business or person that contracts with the [Texas]
Department of State Health Services, the Health and Human Services
Commission [Mental Health and Mental Retardation], a local mental
health or intellectual and developmental disability [mental
retardation] authority, or a community center to provide
residential services to patients with mental illness or clients
with an intellectual or developmental disability [mental
retardation] who were furloughed or discharged from a [Texas]
Department of State Health Services facility, a Health and Human
Services Commission facility, [Mental Health and Mental
Retardation facility] or a community center, as applicable;
(D) a volunteer with the [Texas] Department of
State Health Services, the Health and Human Services Commission
[Mental Health and Mental Retardation], a local mental health or
intellectual and developmental disability [mental retardation]
authority, or a community center; or
(E) a volunteer applicant; and
(2) who would be placed in direct contact with
patients with mental illness or clients with an intellectual or
developmental disability [mental retardation].
(d) Criminal history record information obtained by the
Department of State Health Services, the Health and Human Services
Commission [mental health department], a local mental health or
intellectual and developmental disability [mental retardation]
authority, or a community center under Subsection (b) may not be
released or disclosed to a person, other than the contractor that
employs the person who is the subject of the criminal history record
information, except on court order or with the consent of the person
who is the subject of the criminal history record information.
(e) The [Texas] Department of State Health Services, the
Health and Human Services Commission [Mental Health and Mental
Retardation], a local mental health or intellectual and
developmental disability [mental retardation] authority, or a
community center, as applicable, shall collect and destroy criminal
history record information that relates to a person immediately
after making an employment decision or taking a personnel action
relating to the person who is the subject of the criminal history
record information.
SECTION 10. Section 411.117, Government Code, is amended to
read as follows:
Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND TEXAS
WORKFORCE COMMISSION [DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
SERVICES]. The Health and Human Services Commission and the Texas
Workforce Commission are [Department of Assistive and
Rehabilitative Services 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 services of the Health and Human
Services Commission or the Texas Workforce Commission, as
applicable [Department of Assistive and Rehabilitative Services];
(2) a client of the Health and Human Services
Commission or the Texas Workforce Commission, as applicable
[Department of Assistive and Rehabilitative Services]; or
(3) an applicant for employment whose potential duties
include direct contact with clients of the Health and Human
Services Commission or the Texas Workforce Commission, as
applicable [Department of Assistive and Rehabilitative Services].
SECTION 11. Section 411.122(d), Government Code, is amended
to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission and the
Department of State Health Services, except as provided by Section
411.110, and agencies attached to that commission [the department],
including:
(A) Texas State Board of Examiners of Marriage
and Family Therapists;
(B) Texas State Board of Examiners of
Professional Counselors; and
(C) Texas State Board of Social Worker Examiners;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) [Texas State Board of Podiatric Medical
Examiners;
[(18)] Texas State Board of Examiners of
Psychologists;
(18) [(19)] Texas Real Estate Commission;
(19) [(20)] Texas Department of Transportation;
(20) [(21)] State Board of Veterinary Medical
Examiners;
(21) [(22)] Texas Department of Housing and Community
Affairs;
(22) [(23)] secretary of state;
(23) [(24)] state fire marshal;
(24) [(25)] Texas Education Agency;
(25) [(26)] Department of Agriculture; and
(26) [(27)] Texas Department of Motor Vehicles.
SECTION 12. The heading to Section 411.1386, Government
Code, is amended to read as follows:
Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION
[DEPARTMENT OF AGING AND DISABILITY SERVICES]; GUARDIANSHIPS.
SECTION 13. Sections 411.1386(a-1), (a-2), (a-4), (e), and
(i), Government Code, are amended to read as follows:
(a-1) The Health and Human Services Commission [Department
of Aging and Disability Services] shall obtain from the Department
of Public Safety criminal history record information maintained by
the Department of Public Safety that relates to each individual who
is or will be providing guardianship services to a ward of or
referred by the Health and Human Services Commission [Department of
Aging and Disability Services], including:
(1) an employee of or an applicant selected for an
employment position with the Health and Human Services Commission
[Department of Aging and Disability Services];
(2) a volunteer or an applicant selected to volunteer
with the Health and Human Services Commission [Department of Aging
and Disability Services];
(3) an employee of or an applicant selected for an
employment position with a business entity or other person that
contracts with the Health and Human Services Commission [Department
of Aging and Disability Services] to provide guardianship services
to a ward referred by that commission [the department];
(4) a volunteer or an applicant selected to volunteer
with a business entity or person described by Subdivision (3); and
(5) a contractor or an employee of a contractor who
provides services to a ward of the Health and Human Services
Commission [Department of Aging and Disability Services] under a
contract with the estate of the ward.
(a-2) The information in Subsection (a-1) regarding
applicants for employment positions must be obtained before an
offer of employment, and the information regarding applicant
volunteers must be obtained before the person's contact with a ward
of or referred by the Health and Human Services Commission
[Department of Aging and Disability Services].
(a-4) The Health and Human Services Commission [Department
of Aging and Disability Services] shall provide the information
obtained under Subsection (a-1) to:
(1) the clerk of the county having venue over the
guardianship proceeding at the request of the court; and
(2) the guardianship certification program of the
Judicial Branch Certification Commission at the request of the
Judicial Branch Certification Commission [commission].
(e) The court, as that term is defined by Section 1002.008,
Estates Code, shall use the information obtained or provided under
Subsection (a), (a-4)(1), (a-5), or (a-6) only in determining
whether to:
(1) appoint, remove, or continue the appointment of a
private professional guardian, a guardianship program, or the
Health and Human Services Commission [Department of Aging and
Disability Services]; or
(2) appoint any other person proposed to serve as a
guardian under Title 3, Estates Code, including a proposed
temporary guardian and a proposed successor guardian, other than an
attorney.
(i) This section does not prohibit the Health and Human
Services Commission [Department of Aging and Disability Services]
from obtaining and using criminal history record information as
provided by other law.
SECTION 14. The heading to Section 411.13861, Government
Code, is amended to read as follows:
Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
AGING AND DISABILITY SERVICES].
SECTION 15. Sections 411.13861(a), (b), (c), (d), and (f),
Government Code, are amended to read as follows:
(a) The Health and Human Services Commission [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;
(2) who seeks unsupervised visits with a ward of the
Health and Human Services Commission [department], including a
relative of the ward;
(3) who is an applicant for employment with the Health
and Human Services Commission [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 Health and Human Services Commission [department], as
determined by the executive commissioner of that commission [aging
and disability services]; or
(4) who is an employee of the Health and Human Services
Commission [Department of Aging and Disability Services] and who
has direct access to residents or clients of a facility regulated by
that commission [the department], as determined by the executive
commissioner of that commission [aging and disability services].
(b) Criminal history record information obtained under
Subsection (a) is for the exclusive use of the Health and Human
Services Commission [Department of Aging and Disability Services]
and is privileged and confidential.
(c) Criminal history record information obtained under
Subsection (a) may not be released or disclosed to any person or
agency except on court order or with the consent of the person who
is the subject of the information. The Health and Human Services
Commission [Department of Aging and Disability Services] may
destroy the criminal history record information after the
information is used for the purposes authorized by this section.
(d) This section does not prohibit the Health and Human
Services Commission [Department of Aging and Disability Services]
from obtaining and using criminal history record information as
provided by other law.
(f) Notwithstanding Subsection (c), the Health and Human
Services Commission [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 16. Section 411.114(d), Government Code, is
repealed.
SECTION 17. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 18. 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, 2019.