2019S0365-1 03/06/19
By: Kolkhorst S.B. No. 2200
A BILL TO BE ENTITLED
AN ACT
relating to conforming amendments to ensure that health and human
services agencies may continue 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 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:
(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;
(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 Department of State Health Services
that monitors sexually violent predators as described by Section
841.003(a), Health and Safety Code; or
(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, as applicable, 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, as applicable, 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, as applicable, 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 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:
(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, as applicable, 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, as applicable, 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 or the Health and Human Services Commission, as
applicable, 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, as
applicable, 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 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:
(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 or the Health and Human Services Commission,
as applicable, 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, as applicable, 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 411.1106, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The executive commissioner of the commission, or the
executive commissioner's designee, is entitled to obtain from the
department criminal history record information maintained by the
department with respect to a function transferred to the commission
under Subchapter A-1, Chapter 531.
SECTION 5. Section 411.1131, Government Code, is amended to
read as follows:
Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
AND HEALTH AND HUMAN SERVICES COMMISSION. (a) The Department of
Assistive and Rehabilitative 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 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 Department of Assistive and Rehabilitative Services or the
Health and Human Services Commission, as applicable, in accordance
with Section 81.013, Human Resources Code.
(b) Criminal history record information obtained by the
Department of Assistive and Rehabilitative Services or the Health
and Human Services Commission, as applicable, 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 Department of Assistive and Rehabilitative Services
or the Health and Human Services Commission, as applicable, may
release or disclose the information to a private entity described
by Subsection (a) for that purpose.
(c) The Department of Assistive and Rehabilitative Services
or the Health and Human Services Commission, as applicable, 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 6. 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. (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;
(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" 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, as
applicable, 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, as
applicable, 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, as applicable;
(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, as applicable, and other persons living
in the residence in which the child will reside;
(H) an employee of the [a] Department of Family
and Protective Services or the Health and Human Services
Commission, as applicable, [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, as applicable, 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, as applicable, 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, as applicable, 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, as applicable, regardless of the duties
of the position, including a position described by Subdivision
(2)(D);
(B) an employee of the [a] Department of Family
and Protective Services or the Health and Human Services
Commission, as applicable, [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, as applicable, 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 the
department's or the 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 or the Health and Human Services
Commission, as applicable, 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 workers of the Department of
Family and Protective Services or the Health and Human Services
Commission, as applicable, [workers] to ensure prompt criminal
background checks for the safety of alleged victims and workers of
the Department of Family and Protective Services or the Health and
Human Services Commission, as applicable [workers].
(5) The Department of Family and Protective Services
or the Health and Human Services Commission, as applicable, 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, as applicable, 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) 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 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 or disabled person 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.
(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.
(d) With respect to an applicant who is selected for
employment for a function or in a division of the Department of
Family and Protective Services that is transferred to the Health
and Human Services Commission under Subchapter A-1, Chapter 531,
the commission may obtain from the department criminal history
record information maintained by the department that relates to the
applicant.
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 AND HEALTH AND
HUMAN SERVICES COMMISSION. (a) The Interagency Council on Early
Childhood Intervention or the Health and Human Services Commission,
as applicable, 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 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
council or the Health and Human Services Commission, as applicable,
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 council or the Health and Human Services Commission,
as applicable, shall destroy criminal history record information
that relates to a person after the information is used for its
authorized purpose.
(d) The council or the Health and Human Services Commission,
as applicable, 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
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 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 mental
retardation authority," and "community center" have the meanings
assigned by Sections [Section] 531.002 and 531.0021, Health and
Safety Code, as applicable.
(b) The [Texas] Department of State Health Services or the
Health and Human Services Commission, as applicable [Mental Health
and Mental Retardation], a local mental health or mental
retardation authority, or a community center 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 or the Health and Human
Services Commission, as applicable [Mental Health and Mental
Retardation], a local mental health or mental retardation
authority, or a community center;
(B) an employee of the [Texas] Department of
State Health Services or the Health and Human Services Commission,
as applicable [Mental Health and Mental Retardation], a local
mental health or 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 or the Health and Human
Services Commission, as applicable [Mental Health and Mental
Retardation], a local mental health or mental retardation
authority, or a community center to provide residential services to
patients with mental illness or clients with mental retardation who
were furloughed or discharged from a facility or community center
of the [Texas] Department of State Health Services or the Health and
Human Services Commission, as applicable [Mental Health and Mental
Retardation facility or community center];
(D) a volunteer with the [Texas] Department of
State Health Services or the Health and Human Services Commission,
as applicable [Mental Health and Mental Retardation], a local
mental health or 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 mental retardation.
(d) Criminal history record information obtained by the
Department of State Health Services or the Health and Human
Services Commission, as applicable [mental health department], a
local mental health or 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 or the
Health and Human Services Commission, as applicable [Mental Health
and Mental Retardation], a local mental health or mental
retardation authority, or a community center 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 or the Texas
Workforce Commission, as applicable, [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
Department of State Health Services, except as provided by Section
411.110, and agencies attached to 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;
(19) Texas Real Estate Commission;
(20) Texas Department of Transportation;
(21) State Board of Veterinary Medical Examiners;
(22) Texas Department of Housing and Community
Affairs;
(23) secretary of state;
(24) state fire marshal;
(25) Texas Education Agency;
(26) Department of Agriculture; and
(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 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
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. 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]. (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 the Health and Human
Services 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
the Health and Human Services Commission [department], as
determined by the executive commissioner of the Health and Human
Services 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.
(e) In this section, "ward" has the meaning assigned by
Section 1002.030, Estates Code.
(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 15. 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.