Texas 2019 - 86th Regular

Texas Senate Bill SB2200 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2200
	1	+	By: Kolkhorst S.B. No. 2200
	2	+	(Turner of Dallas, Davis of Harris, Sheffield, Cortez)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the authority of the Health and Human Services
6	8		Commission to obtain criminal history record information.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 411.110, Government Code, is amended to
9	11		read as follows:
10	12		Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD
11	13		INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
12	14		HUMAN SERVICES COMMISSION. (a) The Department of State Health
13	15		Services and the Health and Human Services Commission are [is]
14	16		entitled to obtain from the department criminal history record
15	17		information maintained by the department that relates to:
16	18		(1) a person who is:
17	19		(A) an applicant for a license or certificate
18	20		under the Emergency Health Care Act (Chapter 773, Health and Safety
19	21		Code);
20	22		(B) an owner or manager of an applicant for an
21	23		emergency medical services provider license under that Act; or
22	24		(C) the holder of a license or certificate under
23	25		that Act;
24	26		(2) an applicant for a license or a license holder
25	27		under Subchapter N, Chapter 431, Health and Safety Code;
26	28		(3) [an applicant for a license, the owner or manager
27	29		of an applicant for a massage establishment license, or a license
28	30		holder under Chapter 455, Occupations Code;
29	31		[(4)] an applicant for employment at or current
30	32		employee of:
31	33		(A) a public health hospital as defined by
32	34		Section 13.033, Health and Safety Code; or
33	35		(B) the South Texas Health Care System;
34	36		(4) [(5)] an applicant for employment at, current
35	37		employee of, or person who contracts or may contract to provide
36	38		goods or services with the Council on Sex Offender Treatment or
37	39		other division or component of the Health and Human Services
38	40		Commission [Department of State Health Services] that monitors
39	41		sexually violent predators as described by Section 841.003(a),
40	42		Health and Safety Code; or
41	43		(5) [(6)] a person authorized to access vital records
42	44		or the vital records electronic registration system under Chapter
43	45		191, Health and Safety Code, including an employee of or contractor
44	46		for the Department of State Health Services, a local registrar, a
45	47		medical professional, or a funeral director.
46	48		(b) Criminal history record information obtained by the
47	49		Department of State Health Services or the Health and Human
48	50		Services Commission under Subsection (a) may not be released or
49	51		disclosed to any person except on court order, with the written
50	52		consent of the person or entity that is the subject of the criminal
51	53		history record information, or as provided by Subsection (e).
52	54		(c) After an entity is licensed or certified, the Department
53	55		of State Health Services or the Health and Human Services
54	56		Commission, as applicable, shall destroy the criminal history
55	57		record information that relates to that entity. The Department of
56	58		State Health Services or the Health and Human Services Commission,
57	59		as applicable, shall destroy the criminal history record
58	60		information that relates to:
59	61		(1) an applicant for employment after that applicant
60	62		is employed or, for an applicant who is not employed, after the
61	63		check of the criminal history record information on that applicant
62	64		is completed; or
63	65		(2) an employee or contractor after the check of the
64	66		criminal history record information on that employee or contractor
65	67		is completed.
66	68		(d) The Department of State Health Services or the Health
67	69		and Human Services Commission, as applicable, shall destroy
68	70		criminal history record information that relates to an applicant
69	71		who is not certified or employed, as applicable.
70	72		(e) The Department of State Health Services or the Health
71	73		and Human Services Commission is not prohibited from disclosing
72	74		criminal history record information obtained under Subsection (a)
73	75		in a criminal proceeding or in a hearing conducted by the Department
74	76		of State Health Services or the Health and Human Services
75	77		Commission, as applicable.
76	78		(f) The Department of State Health Services or the Health
77	79		and Human Services Commission may not consider offenses for which
78	80		points are assessed under Section 708.052, Transportation Code, to
79	81		determine whether to hire or retain an employee or to contract with
80	82		a person on whom criminal history record information is obtained
81	83		under this section.
82	84		SECTION 2. Section 411.1103, Government Code, is amended to
83	85		read as follows:
84	86		Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD
85	87		INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
86	88		HUMAN SERVICES COMMISSION. (a) The Department of State Health
87	89		Services and the Health and Human Services Commission are [is]
88	90		entitled to obtain from the department criminal history record
89	91		information maintained by the department that relates to a person:
90	92		(1) who is:
91	93		(A) an applicant for employment at a state
92	94		hospital;
93	95		(B) an employee of a state hospital;
94	96		(C) a person who contracts or may contract to
95	97		provide goods or services to the Department of State Health
96	98		Services or the Health and Human Services Commission, as
97	99		applicable, at a state hospital or an employee of or applicant for
98	100		employment with that person;
99	101		(D) a volunteer with a state hospital; or
100	102		(E) an applicant for a volunteer position with a
101	103		state hospital; and
102	104		(2) who would be placed in direct contact with a
103	105		patient at a state hospital.
104	106		(b) Criminal history record information obtained by the
105	107		Department of State Health Services or the Health and Human
106	108		Services Commission under this section may not be released or
107	109		disclosed to any person except:
108	110		(1) on court order;
109	111		(2) with the consent of the person who is the subject
110	112		of the criminal history record information;
111	113		(3) for purposes of an administrative hearing held by
112	114		the Department of State Health Services or the Health and Human
113	115		Services Commission, as applicable, concerning the person who is
114	116		the subject of the criminal history record information; or
115	117		(4) as provided by Subsection (c).
116	118		(c) The Department of State Health Services or the Health
117	119		and Human Services Commission is not prohibited from releasing
118	120		criminal history record information obtained under this section to
119	121		the person who is the subject of the criminal history record
120	122		information.
121	123		(d) Subject to Section 411.087, the Department of State
122	124		Health Services and the Health and Human Services Commission are
123	125		[is] entitled to:
124	126		(1) obtain through the Federal Bureau of Investigation
125	127		criminal history record information maintained or indexed by that
126	128		bureau that pertains to a person described by Subsection (a); and
127	129		(2) obtain from any other criminal justice agency in
128	130		this state criminal history record information maintained by that
129	131		criminal justice agency that relates to a person described by
130	132		Subsection (a).
131	133		(e) This section does not prohibit the Department of State
132	134		Health Services or the Health and Human Services Commission from
133	135		obtaining and using criminal history record information as provided
134	136		by other law.
135	137		SECTION 3. Section 411.1105, Government Code, is amended to
136	138		read as follows:
137	139		Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD
138	140		INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND
139	141		HUMAN SERVICES COMMISSION. (a) The Department of State Health
140	142		Services and the Health and Human Services Commission are [is]
141	143		entitled to obtain from the department criminal history record
142	144		information maintained by the department that relates to a person
143	145		who is:
144	146		(1) an applicant for a chemical dependency counselor's
145	147		license, a counselor intern's registration, or a clinical
146	148		supervisor certification under Chapter 504, Occupations Code; or
147	149		(2) the holder of a license, registration, or
148	150		certification under that chapter.
149	151		(b) In addition to information obtained from the Federal
150	152		Bureau of Investigation under Section 411.087, the Department of
151	153		State Health Services and the Health and Human Services Commission
152	154		are [is] entitled to obtain information relating to the wanted
153	155		persons status of an individual listed in Subsection (a).
154	156		(c) Criminal history record information obtained by the
155	157		Department of State Health Services or the Health and Human
156	158		Services Commission under Subsection (a) may not be released or
157	159		disclosed to any person except on court order, with the consent of
158	160		the person who is the subject of the criminal history record
159	161		information, or as provided by Subsection (d).
160	162		(d) The Department of State Health Services or the Health
161	163		and Human Services Commission, as applicable, may provide the
162	164		applicant or licensee with a copy of the person's criminal history
163	165		record information obtained from the Department of Public Safety,
164	166		Federal Bureau of Investigation identification division, or
165	167		another law enforcement agency.
166	168		SECTION 4. Section 411.1131, Government Code, is amended to
167	169		read as follows:
168	170		Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD
169	171		INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
170	172		ASSISTIVE AND REHABILITATIVE SERVICES]. (a) The Health and Human
171	173		Services Commission [Department of Assistive and Rehabilitative
172	174		Services] is entitled to obtain from the department criminal
173	175		history record information maintained by the department that
174	176		relates to a person who is an applicant for a staff position at an
175	177		outdoor training program for children who are deaf or hard of
176	178		hearing conducted by a private entity through a contract with the
177	179		Health and Human Services Commission [Department of Assistive and
178	180		Rehabilitative Services] in accordance with Section 81.013, Human
179	181		Resources Code.
180	182		(b) Criminal history record information obtained by the
181	183		Health and Human Services Commission [Department of Assistive and
182	184		Rehabilitative Services] under Subsection (a) may be used only to
183	185		evaluate an applicant for a staff position at an outdoor training
184	186		program for children who are deaf or hard of hearing. The Health
185	187		and Human Services Commission [Department of Assistive and
186	188		Rehabilitative Services] may release or disclose the information to
187	189		a private entity described by Subsection (a) for that purpose.
188	190		(c) The Health and Human Services Commission [Department of
189	191		Assistive and Rehabilitative Services] may not release or disclose
190	192		information obtained under Subsection (a), except on court order or
191	193		with the consent of the person who is the subject of the criminal
192	194		history record information, and shall destroy all criminal history
193	195		record information obtained under Subsection (a) after the
194	196		information is used for its authorized purpose.
195	197		SECTION 5. The heading to Section 411.114, Government Code,
196	198		is amended to read as follows:
197	199		Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD
198	200		INFORMATION: DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND
199	201		HEALTH AND HUMAN SERVICES COMMISSION.
200	202		SECTION 6. Sections 411.114(a), (b), and (c), Government
201	203		Code, are amended to read as follows:
202	204		(a)(1) In this subsection:
203	205		(A) "Child," "child-care facility,"
204	206		"child-placing agency," "facility," and "family home" have the
205	207		meanings assigned by Section 42.002, Human Resources Code.
206	208		(A-1) "Department of Family and Protective
207	209		Services" includes:
208	210		(i) the Department of Family and Protective
209	211		Services as authorized by Section 40.002, Human Resources Code; and
210	212		(ii) [the Health and Human Services
211	213		Commission with respect to a function transferred to the commission
212	214		under Subchapter A-1, Chapter 531; and
213	215		[(iii)] any person or entity acting as an
214	216		authorized agent of the Department of Family and Protective
215	217		Services.
216	218		(B) "Elderly person" has the meaning assigned by
217	219		Section 48.002, Human Resources Code.
218	220		(D) "Person with a disability" has the meaning
219	221		assigned [means a disabled person as defined] by Section 48.002,
220	222		Human Resources Code.
221	223		(2) The Department of Family and Protective Services
222	224		or the Health and Human Services Commission, as applicable, shall
223	225		obtain from the department criminal history record information
224	226		maintained by the department that relates to a person who is:
225	227		(A) an applicant for a license, registration,
226	228		certification, or listing under Chapter 42, Human Resources Code;
227	229		(B) an owner, operator, or employee of or an
228	230		applicant for employment by a child-care facility, child-placing
229	231		agency, or family home licensed, registered, certified, or listed
230	232		under Chapter 42, Human Resources Code;
231	233		(C) a person 14 years of age or older who will be
232	234		regularly or frequently working or staying in a facility or family
233	235		home, other than a child in the care of the home or facility;
234	236		(D) [except as provided by Subsection (d),] an
235	237		applicant selected for a position with the Department of Family and
236	238		Protective Services or the Health and Human Services Commission,
237	239		the duties of which include direct delivery of protective services
238	240		to children, elderly persons, or persons with a disability;
239	241		(E) an employee of, an applicant for employment
240	242		with, or a volunteer or an applicant volunteer with a business
241	243		entity or person that contracts with the Department of Family and
242	244		Protective Services or the Health and Human Services Commission to
243	245		provide direct delivery of protective services to children, elderly
244	246		persons, or persons with a disability, if the person's duties or
245	247		responsibilities include direct contact with children, elderly
246	248		persons, or persons with a disability;
247	249		(F) a registered volunteer with the Department of
248	250		Family and Protective Services or the Health and Human Services
249	251		Commission;
250	252		(G) a person providing or applying to provide
251	253		in-home, adoptive, or foster care for children in the care of the
252	254		Department of Family and Protective Services or the Health and
253	255		Human Services Commission and other persons living in the residence
254	256		in which the child will reside;
255	257		(H) a Department of Family and Protective
256	258		Services employee or a Health and Human Services Commission
257	259		employee who is engaged in the direct delivery of protective
258	260		services to children, elderly persons, or persons with a
259	261		disability;
260	262		(I) an alleged perpetrator in a report the
261	263		Department of Family and Protective Services or the Health and
262	264		Human Services Commission receives alleging that the person has
263	265		abused, neglected, or exploited a child, an elderly person, or a
264	266		person with a disability, provided that:
265	267		(i) the report alleges the person has
266	268		engaged in conduct that meets the applicable definition of abuse,
267	269		neglect, or exploitation under Chapter 261, Family Code, or Chapter
268	270		48, Human Resources Code; and
269	271		(ii) the person is not also the victim of
270	272		the alleged conduct;
271	273		(J) a person providing child care for a child who
272	274		is in the care of the Department of Family and Protective Services
273	275		or the Health and Human Services Commission and who is or will be
274	276		receiving adoptive, foster, or in-home care;
275	277		(K) through a contract with a nonprofit
276	278		management center, an employee of, an applicant for employment
277	279		with, or a volunteer or an applicant volunteer with a nonprofit,
278	280		tax-exempt organization that provides any service that involves the
279	281		care of or access to a child, an elderly person, or a person with a
280	282		disability; or
281	283		(L) an applicant for a child-care administrator
282	284		or child-placing agency administrator license under Chapter 43,
283	285		Human Resources Code.
284	286		(3) In addition to the criminal history record
285	287		information the Department of Family and Protective Services or the
286	288		Health and Human Services Commission is required to obtain under
287	289		Subdivision (2), the Department of Family and Protective Services
288	290		or the Health and Human Services Commission, as applicable, is
289	291		entitled to obtain from the department criminal history record
290	292		information maintained by the department that relates to a person
291	293		who is:
292	294		(A) an applicant for a position with the
293	295		Department of Family and Protective Services or the Health and
294	296		Human Services Commission regardless of the duties of the position,
295	297		including a position described by Subdivision (2)(D);
296	298		(B) a Department of Family and Protective
297	299		Services employee or a Health and Human Services Commission
298	300		employee regardless of the duties of the employee's position,
299	301		including an employee described by Subdivision (2)(H);
300	302		(C) a volunteer or applicant volunteer with the
301	303		Department of Family and Protective Services or the Health and
302	304		Human Services Commission regardless of the duties to be performed,
303	305		including a registered volunteer;
304	306		(D) an employee of, an applicant for employment
305	307		with, or a volunteer or an applicant volunteer with an entity or
306	308		person that contracts with the Department of Family and Protective
307	309		Services or the Health and Human Services Commission, as
308	310		applicable, and has access to confidential information in that
309	311		[the] department's or commission's records, if the employee,
310	312		applicant, volunteer, or applicant volunteer has or will have
311	313		access to that confidential information;
312	314		(E) a person living in the residence in which the
313	315		alleged victim of the report resides, including an alleged
314	316		perpetrator in a report described by Subdivision (2)(I);
315	317		(F) a person providing, at the request of the
316	318		child's parent, in-home care for a child who is the subject of a
317	319		report alleging the child has been abused or neglected;
318	320		(G) a person providing, at the request of the
319	321		child's parent, in-home care for a child only if the person gives
320	322		written consent to the release and disclosure of the information;
321	323		(H) a child who is related to the caretaker, as
322	324		determined under Section 42.002, Human Resources Code, or any other
323	325		person who resides in, is present in, or has unsupervised access to
324	326		a child in the care of a facility or family home;
325	327		(I) a relative of a child in the care of the
326	328		Department of Family and Protective Services or the Health and
327	329		Human Services Commission, as applicable, to the extent necessary
328	330		to comply with Section 162.007, Family Code;
329	331		(J) a person providing or applying to provide
330	332		in-home, adoptive, or foster care for children to the extent
331	333		necessary to comply with Subchapter B, Chapter 162, Family Code;
332	334		(K) a person who volunteers to supervise
333	335		visitation under Subchapter B, Chapter 263, Family Code;
334	336		(L) an employee of or volunteer at, or an
335	337		applicant for employment with or to be a volunteer at, an entity
336	338		that provides supervised independent living services to a young
337	339		adult receiving extended foster care services from the Department
338	340		of Family and Protective Services or the Health and Human Services
339	341		Commission, as applicable;
340	342		(M) a person 14 years of age or older who will be
341	343		regularly or frequently working or staying in a host home that is
342	344		providing supervised independent living services to a young adult
343	345		receiving extended foster care services from the Department of
344	346		Family and Protective Services or the Health and Human Services
345	347		Commission, as applicable;
346	348		(N) a volunteer or applicant volunteer with a
347	349		local affiliate in this state of Big Brothers Big Sisters of
348	350		America;
349	351		(O) a volunteer or applicant volunteer with an
350	352		organization that provides court-appointed volunteer advocates for
351	353		abused or neglected children; or
352	354		(P) an employee, volunteer, or applicant
353	355		volunteer of a children's advocacy center under Subchapter E,
354	356		Chapter 264, Family Code, including a member of the governing board
355	357		of a center.
356	358		(4) Subject to Section 411.087, the Department of
357	359		Family and Protective Services and the Health and Human Services
358	360		Commission are [is] entitled to:
359	361		(A) obtain through the Federal Bureau of
360	362		Investigation criminal history record information maintained or
361	363		indexed by that bureau that pertains to a person described by
362	364		Subdivision (2) or (3); and
363	365		(B) obtain from any other criminal justice agency
364	366		in this state criminal history record information maintained by
365	367		that criminal justice agency that relates to a person described by
366	368		Subdivision (2) or (3). Law enforcement entities shall expedite
367	369		the furnishing of such information to Department of Family and
368	370		Protective Services workers or Health and Human Services Commission
369	371		workers, as applicable, to ensure prompt criminal background checks
370	372		for the safety of alleged victims and Department of Family and
371	373		Protective Services workers or Health and Human Services Commission
372	374		workers, as applicable.
373	375		(5) The Department of Family and Protective Services
374	376		or the Health and Human Services Commission may not use the
375	377		authority granted under this section to harass an employee or
376	378		volunteer. The commissioner of the Department of Family and
377	379		Protective Services or the executive commissioner of the Health and
378	380		Human Services Commission, as applicable, shall adopt rules to
379	381		prevent the harassment of an employee or volunteer through the
380	382		request and use of criminal records.
381	383		(6) Criminal history record information obtained by
382	384		the Department of Family and Protective Services or the Health and
383	385		Human Services Commission under this subsection may not be released
384	386		to any person except:
385	387		(A) on court order;
386	388		(B) with the consent of the person who is the
387	389		subject of the criminal history record information;
388	390		(C) for purposes of an administrative hearing
389	391		held by the Department of Family and Protective Services or the
390	392		Health and Human Services Commission, as applicable, concerning the
391	393		person who is the subject of the criminal history record
392	394		information; or
393	395		(D) as provided by Subdivision (7).
394	396		(7) Subject to Subdivision (8), the [The] Department
395	397		of Family and Protective Services or the Health and Human Services
396	398		Commission, as applicable, is not prohibited from releasing
397	399		criminal history record information obtained under this subsection
398	400		to:
399	401		(A) the person who is the subject of the criminal
400	402		history record information;
401	403		(B) a child-placing agency listed in Subdivision
402	404		(2) that is seeking to verify or approve a foster or adoptive home
403	405		under procedures authorized by federal law [Section 471(a)(20)(A),
404	406		Social Security Act (42 U.S.C. Section 671(a)(20)(A))];
405	407		(C) an adult who resides with an alleged victim
406	408		of abuse, neglect, or exploitation of a child, elderly person, or
407	409		person with a disability and who also resides with the alleged
408	410		perpetrator of that abuse, neglect, or exploitation if:
409	411		(i) the alleged perpetrator is the subject
410	412		of the criminal history record information; and
411	413		(ii) the Department of Family and
412	414		Protective Services or the Health and Human Services Commission, as
413	415		applicable, determines that the release of information to the adult
414	416		is necessary to ensure the safety or welfare of the alleged victim
415	417		or the adult; or
416	418		(D) an elderly person or a [disabled] person with
417	419		a disability who is an alleged victim of abuse, neglect, or
418	420		exploitation and who resides with the alleged perpetrator of that
419	421		abuse, neglect, or exploitation if:
420	422		(i) the alleged perpetrator is the subject
421	423		of the criminal history record information; and
422	424		(ii) the Department of Family and
423	425		Protective Services or the Health and Human Services Commission, as
424	426		applicable, determines that the release of information to the
425	427		[elderly or disabled] person [or adult] is necessary to ensure the
426	428		safety or welfare of the [elderly or disabled] person.
427	429		(8) The Department of Family and Protective Services
428	430		or the Health and Human Services Commission may only release to a
429		-	person described by Subdivision (7)(~~B), (~~C), or (D) criminal
430		-	~~history~~ record information that that department or commission
431		-	~~obtains from~~ the Department of Public Safety's computerized
432		-	~~criminal history~~ system.
	431	+	person described by Subdivision (7)(C) or (D) criminal history
	432	+	record information that that department or commission obtains from
	433	+	the Department of Public Safety's computerized criminal history
	434	+	system.
433	435		(b) The failure or refusal to provide a complete set of
434	436		fingerprints or a complete name on request constitutes good cause
435	437		for dismissal or refusal to hire, as applicable, with regard to a
436	438		volunteer of or an employee or applicant for permanent or temporary
437	439		employment with the Department of Family and Protective Services or
438	440		the Health and Human Services Commission, as applicable, or a
439	441		facility, home, business, or other entity, if the volunteer
440	442		position, employment, or potential employment involves direct
441	443		interaction with or the opportunity to interact and associate with
442	444		children.
443	445		(c) The Department of Family and Protective Services or the
444	446		Health and Human Services Commission, as applicable, may charge an
445	447		organization or person that requests criminal history record
446	448		information under Subsection (a)(3) a fee in an amount necessary to
447	449		cover the costs of obtaining the information on the organization's
448	450		or person's behalf.
449	451		SECTION 7. Section 411.1142, Government Code, is amended to
450	452		read as follows:
451	453		Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD:
452	454		[INTERAGENCY COUNCIL ON] EARLY CHILDHOOD INTERVENTION PROGRAM
453	455		WITHIN HEALTH AND HUMAN SERVICES COMMISSION. (a) The [Interagency
454	456		Council on] Early Childhood Intervention program within the Health
455	457		and Human Services Commission is entitled to obtain criminal
456	458		history record information maintained by the Department of Public
457	459		Safety, the Federal Bureau of Investigation identification
458	460		division, or another law enforcement agency that relates to an
459	461		employee or an applicant for permanent, temporary, or consultative
460	462		employment or for volunteer positions whose employment or potential
461	463		employment or volunteer position with the program [council] or a
462	464		local provider involves the delivery of early childhood
463	465		intervention services or involves direct interactions with or the
464	466		opportunity to interact and associate with children.
465	467		(b) Criminal history record information obtained by the
466	468		Health and Human Services Commission [council] under Subsection (a)
467	469		may not be released or disclosed to any person except on court
468	470		order, with the consent of the person who is the subject of the
469	471		criminal history record information, or as provided by Subsection
470	472		(d).
471	473		(c) The Health and Human Services Commission [council]
472	474		shall destroy criminal history record information that relates to a
473	475		person after the information is used for its authorized purpose.
474	476		(d) The Health and Human Services Commission [council] may
475	477		provide the applicant, employee, professional consultant, or
476	478		volunteer with a copy of the person's criminal history record
477	479		information obtained from the Department of Public Safety, Federal
478	480		Bureau of Investigation identification division, or another law
479	481		enforcement agency.
480	482		(e) The failure or refusal to provide a complete set of
481	483		fingerprints or a complete name on request constitutes good cause
482	484		for dismissal or refusal to hire, as applicable, with regard to
483	485		program [council] employees, professional consultants, and
484	486		applicants for permanent, temporary, or consultative employment or
485	487		for volunteer positions whose employment or potential employment or
486	488		volunteer position with the Health and Human Services Commission
487	489		[council] or a local provider involves the delivery of early
488	490		childhood intervention services or involves direct interactions
489	491		with or the opportunity to interact and associate with children.
490	492		SECTION 8. Sections 411.1144(a) and (d), Government Code,
491	493		are amended to read as follows:
492	494		(a) The Department of State Health Services[, the
493	495		Department of Aging and Disability Services,] and the Health and
494	496		Human Services Commission are entitled to obtain from the
495	497		department criminal history record information maintained by the
496	498		department that relates to a person:
497	499		(1) who is:
498	500		(A) an applicant for employment with the agency;
499	501		(B) an employee of the agency;
500	502		(C) a volunteer with the agency;
501	503		(D) an applicant for a volunteer position with
502	504		the agency;
503	505		(E) an applicant for a contract with the agency;
504	506		or
505	507		(F) a contractor of the agency; and
506	508		(2) who would be placed in direct contact with a
507	509		resident or client, as defined by Section 555.001, Health and
508	510		Safety Code.
509	511		(d) Subject to Section 411.087, the Department of State
510	512		Health Services[, the Department of Aging and Disability Services,]
511	513		and the Health and Human Services Commission are entitled to:
512	514		(1) obtain through the Federal Bureau of Investigation
513	515		criminal history record information maintained or indexed by that
514	516		bureau that pertains to a person described by Subsection (a); and
515	517		(2) obtain from any other criminal justice agency in
516	518		this state criminal history record information maintained by that
517	519		criminal justice agency that relates to a person described by
518	520		Subsection (a).
519	521		SECTION 9. Section 411.115, Government Code, is amended to
520	522		read as follows:
521	523		Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD
522		-	INFORMATION: [TEXAS] DEPARTMENT OF STATE HEALTH SERVICES AND
523		-	~~HEALTH~~ AND HUMAN SERVICES COMMISSION [MENTAL HEALTH AND MENTAL
	524	+	INFORMATION: [TEXAS] DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH
	525	+	AND HUMAN SERVICES COMMISSION [MENTAL HEALTH AND MENTAL
524	526		RETARDATION]; LOCAL AUTHORITIES; COMMUNITY CENTERS. (a) In this
525	527		section, "local mental health authority," "local intellectual and
526	528		developmental disability [mental retardation] authority," and
527	529		"community center" have the meanings assigned by Section 531.002,
528	530		Health and Safety Code.
529	531		(b) The [Texas] Department of State Health Services, the
530	532		Health and Human Services Commission [Mental Health and Mental
531	533		Retardation], a local mental health or intellectual and
532	534		developmental disability [mental retardation] authority, or a
533	535		community center, as applicable, is entitled to obtain from the
534	536		department criminal history record information maintained by the
535	537		department that relates to a person:
536	538		(1) who is:
537	539		(A) an applicant for employment with the [Texas]
538	540		Department of State Health Services, the Health and Human Services
539	541		Commission [Mental Health and Mental Retardation], a local mental
540	542		health or intellectual and developmental disability [mental
541	543		retardation] authority, or a community center;
542	544		(B) an employee of the [Texas] Department of
543	545		State Health Services, the Health and Human Services Commission
544	546		[Mental Health and Mental Retardation], a local mental health or
545	547		intellectual and developmental disability [mental retardation]
546	548		authority, or a community center;
547	549		(C) an applicant for employment with or an
548	550		employee of a business or person that contracts with the [Texas]
549	551		Department of State Health Services, the Health and Human Services
550	552		Commission [Mental Health and Mental Retardation], a local mental
551	553		health or intellectual and developmental disability [mental
552	554		retardation] authority, or a community center to provide
553	555		residential services to patients with mental illness or clients
554	556		with an intellectual or developmental disability [mental
555	557		retardation] who were furloughed or discharged from a [Texas]
556	558		Department of State Health Services facility, a Health and Human
557	559		Services Commission facility, [Mental Health and Mental
558	560		Retardation facility] or a community center, as applicable;
559	561		(D) a volunteer with the [Texas] Department of
560	562		State Health Services, the Health and Human Services Commission
561	563		[Mental Health and Mental Retardation], a local mental health or
562	564		intellectual and developmental disability [mental retardation]
563	565		authority, or a community center; or
564	566		(E) a volunteer applicant; and
565	567		(2) who would be placed in direct contact with
566	568		patients with mental illness or clients with an intellectual or
567	569		developmental disability [mental retardation].
568	570		(d) Criminal history record information obtained by the
569	571		Department of State Health Services, the Health and Human Services
570	572		Commission [mental health department], a local mental health or
571	573		intellectual and developmental disability [mental retardation]
572	574		authority, or a community center under Subsection (b) may not be
573	575		released or disclosed to a person, other than the contractor that
574	576		employs the person who is the subject of the criminal history record
575	577		information, except on court order or with the consent of the person
576	578		who is the subject of the criminal history record information.
577	579		(e) The [Texas] Department of State Health Services, the
578	580		Health and Human Services Commission [Mental Health and Mental
579	581		Retardation], a local mental health or intellectual and
580	582		developmental disability [mental retardation] authority, or a
581	583		community center, as applicable, shall collect and destroy criminal
582	584		history record information that relates to a person immediately
583	585		after making an employment decision or taking a personnel action
584	586		relating to the person who is the subject of the criminal history
585	587		record information.
586	588		SECTION 10. Section 411.117, Government Code, is amended to
587	589		read as follows:
588	590		Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD
589	591		INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND TEXAS
590	592		WORKFORCE COMMISSION [DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
591	593		SERVICES]. The Health and Human Services Commission and the Texas
592	594		Workforce Commission are [Department of Assistive and
593	595		Rehabilitative Services is] entitled to obtain from the department
594	596		criminal history record information maintained by the department
595	597		that relates to a person who is:
596	598		(1) an applicant for services of the Health and Human
597	599		Services Commission or the Texas Workforce Commission, as
598	600		applicable [Department of Assistive and Rehabilitative Services];
599	601		(2) a client of the Health and Human Services
600	602		Commission or the Texas Workforce Commission, as applicable
601	603		[Department of Assistive and Rehabilitative Services]; or
602	604		(3) an applicant for employment whose potential duties
603	605		include direct contact with clients of the Health and Human
604	606		Services Commission or the Texas Workforce Commission, as
605	607		applicable [Department of Assistive and Rehabilitative Services].
606	608		SECTION 11. Section 411.122(d), Government Code, is amended
607	609		to read as follows:
608	610		(d) The following state agencies are subject to this
609	611		section:
610	612		(1) Texas Appraiser Licensing and Certification
611	613		Board;
612	614		(2) Texas Board of Architectural Examiners;
613	615		(3) Texas Board of Chiropractic Examiners;
614	616		(4) State Board of Dental Examiners;
615	617		(5) Texas Board of Professional Engineers;
616	618		(6) Texas Funeral Service Commission;
617	619		(7) Texas Board of Professional Geoscientists;
618	620		(8) Health and Human Services Commission and the
619	621		Department of State Health Services, except as provided by Section
620	622		411.110, and agencies attached to that commission [the department],
621	623		including:
622	624		(A) Texas State Board of Examiners of Marriage
623	625		and Family Therapists;
624	626		(B) Texas State Board of Examiners of
625	627		Professional Counselors; and
626	628		(C) Texas State Board of Social Worker Examiners;
627	629		(9) Texas Board of Professional Land Surveying;
628	630		(10) Texas Department of Licensing and Regulation,
629	631		except as provided by Section 411.093;
630	632		(11) Texas Commission on Environmental Quality;
631	633		(12) Texas Board of Occupational Therapy Examiners;
632	634		(13) Texas Optometry Board;
633	635		(14) Texas State Board of Pharmacy;
634	636		(15) Texas Board of Physical Therapy Examiners;
635	637		(16) Texas State Board of Plumbing Examiners;
636	638		(17) [Texas State Board of Podiatric Medical
637	639		Examiners;
638	640		[(18)] Texas State Board of Examiners of
639	641		Psychologists;
640	642		(18) [(19)] Texas Real Estate Commission;
641	643		(19) [(20)] Texas Department of Transportation;
642	644		(20) [(21)] State Board of Veterinary Medical
643	645		Examiners;
644	646		(21) [(22)] Texas Department of Housing and Community
645	647		Affairs;
646	648		(22) [(23)] secretary of state;
647	649		(23) [(24)] state fire marshal;
648	650		(24) [(25)] Texas Education Agency;
649	651		(25) [(26)] Department of Agriculture; and
650	652		(26) [(27)] Texas Department of Motor Vehicles.
651	653		SECTION 12. The heading to Section 411.1386, Government
652	654		Code, is amended to read as follows:
653	655		Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD
654	656		INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION
655	657		[DEPARTMENT OF AGING AND DISABILITY SERVICES]; GUARDIANSHIPS.
656	658		SECTION 13. Sections 411.1386(a-1), (a-2), (a-4), (e), and
657	659		(i), Government Code, are amended to read as follows:
658	660		(a-1) The Health and Human Services Commission [Department
659	661		of Aging and Disability Services] shall obtain from the Department
660	662		of Public Safety criminal history record information maintained by
661	663		the Department of Public Safety that relates to each individual who
662	664		is or will be providing guardianship services to a ward of or
663	665		referred by the Health and Human Services Commission [Department of
664	666		Aging and Disability Services], including:
665	667		(1) an employee of or an applicant selected for an
666	668		employment position with the Health and Human Services Commission
667	669		[Department of Aging and Disability Services];
668	670		(2) a volunteer or an applicant selected to volunteer
669	671		with the Health and Human Services Commission [Department of Aging
670	672		and Disability Services];
671	673		(3) an employee of or an applicant selected for an
672	674		employment position with a business entity or other person that
673	675		contracts with the Health and Human Services Commission [Department
674	676		of Aging and Disability Services] to provide guardianship services
675	677		to a ward referred by that commission [the department];
676	678		(4) a volunteer or an applicant selected to volunteer
677	679		with a business entity or person described by Subdivision (3); and
678	680		(5) a contractor or an employee of a contractor who
679	681		provides services to a ward of the Health and Human Services
680	682		Commission [Department of Aging and Disability Services] under a
681	683		contract with the estate of the ward.
682	684		(a-2) The information in Subsection (a-1) regarding
683	685		applicants for employment positions must be obtained before an
684	686		offer of employment, and the information regarding applicant
685	687		volunteers must be obtained before the person's contact with a ward
686	688		of or referred by the Health and Human Services Commission
687	689		[Department of Aging and Disability Services].
688	690		(a-4) The Health and Human Services Commission [Department
689	691		of Aging and Disability Services] shall provide the information
690	692		obtained under Subsection (a-1) to:
691	693		(1) the clerk of the county having venue over the
692	694		guardianship proceeding at the request of the court; and
693	695		(2) the guardianship certification program of the
694	696		Judicial Branch Certification Commission at the request of the
695	697		Judicial Branch Certification Commission [commission].
696	698		(e) The court, as that term is defined by Section 1002.008,
697	699		Estates Code, shall use the information obtained or provided under
698	700		Subsection (a), (a-4)(1), (a-5), or (a-6) only in determining
699	701		whether to:
700	702		(1) appoint, remove, or continue the appointment of a
701	703		private professional guardian, a guardianship program, or the
702	704		Health and Human Services Commission [Department of Aging and
703	705		Disability Services]; or
704	706		(2) appoint any other person proposed to serve as a
705	707		guardian under Title 3, Estates Code, including a proposed
706	708		temporary guardian and a proposed successor guardian, other than an
707	709		attorney.
708	710		(i) This section does not prohibit the Health and Human
709	711		Services Commission [Department of Aging and Disability Services]
710	712		from obtaining and using criminal history record information as
711	713		provided by other law.
712	714		SECTION 14. The heading to Section 411.13861, Government
713	715		Code, is amended to read as follows:
714	716		Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD
715	717		INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION [DEPARTMENT OF
716	718		AGING AND DISABILITY SERVICES].
717	719		SECTION 15. Sections 411.13861(a), (b), (c), (d), and (f),
718	720		Government Code, are amended to read as follows:
719	721		(a) The Health and Human Services Commission [Department of
720	722		Aging and Disability Services] is entitled to obtain from the
721	723		Department of Public Safety criminal history record information
722	724		maintained by the Department of Public Safety that relates to a
723	725		person:
724	726		(1) required to undergo a background and criminal
725	727		history check under Chapter 248A, Health and Safety Code;
726	728		(2) who seeks unsupervised visits with a ward of the
727	729		Health and Human Services Commission [department], including a
728	730		relative of the ward;
729	731		(3) who is an applicant for employment with the Health
730	732		and Human Services Commission [Department of Aging and Disability
731	733		Services] for a position in which the person, as an employee, would
732	734		have direct access to residents or clients of a facility regulated
733	735		by the Health and Human Services Commission [department], as
734	736		determined by the executive commissioner of that commission [aging
735	737		and disability services]; or
736	738		(4) who is an employee of the Health and Human Services
737	739		Commission [Department of Aging and Disability Services] and who
738	740		has direct access to residents or clients of a facility regulated by
739	741		that commission [the department], as determined by the executive
740	742		commissioner of that commission [aging and disability services].
741	743		(b) Criminal history record information obtained under
742	744		Subsection (a) is for the exclusive use of the Health and Human
743	745		Services Commission [Department of Aging and Disability Services]
744	746		and is privileged and confidential.
745	747		(c) Criminal history record information obtained under
746	748		Subsection (a) may not be released or disclosed to any person or
747	749		agency except on court order or with the consent of the person who
748	750		is the subject of the information. The Health and Human Services
749	751		Commission [Department of Aging and Disability Services] may
750	752		destroy the criminal history record information after the
751	753		information is used for the purposes authorized by this section.
752	754		(d) This section does not prohibit the Health and Human
753	755		Services Commission [Department of Aging and Disability Services]
754	756		from obtaining and using criminal history record information as
755	757		provided by other law.
756	758		(f) Notwithstanding Subsection (c), the Health and Human
757	759		Services Commission [Department of Aging and Disability Services]
758	760		shall destroy information obtained under Subsection (a)(3) or (4)
759	761		after the information is used for the purposes authorized by this
760	762		section.
761	763		SECTION 16. Section 411.114(d), Government Code, is
762	764		repealed.
763	765		SECTION 17. To the extent of any conflict, this Act prevails
764	766		over another Act of the 86th Legislature, Regular Session, 2019,
765	767		relating to nonsubstantive additions to and corrections in enacted
766	768		codes.
767	769		SECTION 18. This Act takes effect immediately if it
768	770		receives a vote of two-thirds of all the members elected to each
769	771		house, as provided by Section 39, Article III, Texas Constitution.
770	772		If this Act does not receive the vote necessary for immediate
771	773		effect, this Act takes effect September 1, 2019.
772		-	______________________________ ______________________________
773		-	President of the Senate Speaker of the House
774		-	I hereby certify that S.B. No. 2200 passed the Senate on
775		-	April 16, 2019, by the following vote: Yeas 31, Nays 0; and that
776		-	the Senate concurred in House amendment on May 21, 2019, by the
777		-	following vote: Yeas 31, Nays 0.
778		-	______________________________
779		-	Secretary of the Senate
780		-	I hereby certify that S.B. No. 2200 passed the House, with
781		-	amendment, on May 16, 2019, by the following vote: Yeas 136,
782		-	Nays 0, three present not voting.
783		-	______________________________
784		-	Chief Clerk of the House
785		-	Approved:
786		-	______________________________
787		-	Date
788		-	______________________________
789		-	Governor