Texas 2021 - 87th Regular

Texas Senate Bill SB1411 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Zaffirini S.B. No. 1411
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to acquisition, dissemination, and use of criminal history
7	7	record information for certain judicial purposes, including for
8	8	certification, registration, and licensing, of certain court
9	9	professions and for appointing, removing, or continuing the
10	10	appointment of a guardian.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 152.203, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 152.203. RULES ON INELIGIBILITY. The supreme court
15	15	shall adopt rules on applicants' ineligibility for certification,
16	16	registration, or licensing under this subtitle based on the
17	17	applicant's [person's] criminal history or other information that
18	18	indicates the applicant [person] lacks the honesty,
19	19	trustworthiness, or integrity to hold the certification,
20	20	registration, or license.
21	21	SECTION 2. Subchapter E, Chapter 152, Government Code, is
22	22	amended by adding Section 152.2035 to read as follows:
23	23	Sec. 152.2035. CRIMINAL HISTORY RECORD INFORMATION FOR USE
24	24	IN DETERMINING INELIGIBILITY. (a) The commission shall, in
25	25	accordance with this section and rules adopted by the supreme court
26	26	under Section 152.203, obtain criminal history record information
27	27	that is maintained by the Department of Public Safety or the Federal
28	28	Bureau of Investigation identification division on each applicant
29	29	for certification, registration, or licensing under this subtitle
30	30	to be used solely for the determination of each applicant's
31	31	ineligibility for certification, registration, or licensing under
32	32	Section 152.203. The commission may not use criminal history
33	33	record information obtained from the Federal Bureau of
34	34	Investigation identification division under this section for any
35	35	other purpose.
36	36	(b) The commission may not transfer criminal history record
37	37	information obtained from the Federal Bureau of Investigation
38	38	identification division under this section to any other state
39	39	agency, entity, or person.
40	40	(c) The commission shall destroy criminal history record
41	41	information immediately after the information is used to make a
42	42	determination of ineligibility under Section 152.203.
43	43	SECTION 3. Section 155.206(a), Government Code, is amended
44	44	to read as follows:
45	45	(a) Criminal history record information obtained under this
46	46	subchapter is privileged and confidential and is for the exclusive
47	47	use of the commission and the court with jurisdiction over the
48	48	guardianship. The criminal history record information may not be
49	49	released or otherwise disclosed to any person or agency except on
50	50	court order [or consent of the individual being investigated].
51	51	SECTION 4. Section 155.207(a), Government Code, is amended
52	52	to read as follows:
53	53	(a) The commission shall use the criminal history record
54	54	information obtained under this subchapter only for a purpose
55	55	authorized by this subchapter [or to maintain the registration of a
56	56	guardianship under Subchapter D].
57	57	SECTION 5. Section 411.114(a)(8), Government Code, is
58	58	amended to read as follows:
59	59	(8) The Department of Family and Protective Services
60	60	or the Health and Human Services Commission may only release with
61	61	the consent described by Subdivision (6)(B) or to a person
62	62	described by Subdivisions (7)(B), (7)(C), or (7)(D) [Subdivision
63	63	(7)(B), (C), or (D)] criminal history record information that that
64	64	department or commission obtains from the Department of Public
65	65	Safety's computerized criminal history system.
66	66	SECTION 6. Sections 411.1386(a), (a-1), (a-6), (b), (c),
67	67	(e), and (g), Government Code, are amended to read as follows:
68	68	(a) Except as provided by Subsections (a-1)[, (a-5),] and
69	69	(a-6), the clerk of the county having venue over a proceeding for
70	70	the appointment of a guardian under Title 3, Estates Code, shall
71	71	obtain from the department criminal history record information
72	72	maintained by the department that relates to:
73	73	(1) a private professional guardian;
74	74	(2) each person who represents or plans to represent
75	75	the interests of a ward as a guardian on behalf of the private
76	76	professional guardian;
77	77	(3) each person employed by a private professional
78	78	guardian who will:
79	79	(A) have personal contact with a ward or proposed
80	80	ward;
81	81	(B) exercise control over and manage a ward's
82	82	estate; or
83	83	(C) perform any duties with respect to the
84	84	management of a ward's estate;
85	85	(4) each person employed by or volunteering or
86	86	contracting with a guardianship program to provide guardianship
87	87	services to a ward of the program on the program's behalf; or
88	88	(5) any other person proposed to serve as a guardian
89	89	under Title 3, Estates Code, including a proposed temporary
90	90	guardian and a proposed successor guardian, other than an attorney.
91	91	(a-1) The Health and Human Services Commission shall obtain
92	92	from the Department of Public Safety criminal history record
93	93	information maintained by the Department of Public Safety that
94	94	relates to each individual who is or will be providing guardianship
95	95	services to a ward of or referred by the Health and Human Services
96	96	Commission, including:
97	97	(1) an employee of or an applicant selected for an
98	98	employment position with the Health and Human Services Commission;
99	99	(2) a volunteer or an applicant selected to volunteer
100	100	with the Health and Human Services Commission;
101	101	(3) an employee of or an applicant selected for an
102	102	employment position with a business entity or other person that
103	103	contracts with the Health and Human Services Commission to provide
104	104	guardianship services to a ward referred by that commission; and
105	105	(4) a volunteer or an applicant selected to volunteer
106	106	with a business entity or person described by Subdivision (3)[; and
107	107	(5) a contractor or an employee of a contractor who
108	108	provides services to a ward of the Health and Human Services
109	109	Commission under a contract with the estate of the ward].
110	110	(a-6) The clerk described by Subsection (a) is not required
111	111	to obtain criminal history record information for a person if the
112	112	Judicial Branch Certification Commission conducted a criminal
113	113	history check on the person under Sections 155.203 and 155.207
114	114	[Chapter 155]. The commission shall provide to the clerk [at the
115	115	court's request] the criminal history record information that was
116	116	obtained from the department or the Federal Bureau of Investigation
117	117	only for the purposes specified under Subsection (e).
118	118	(b) Criminal history record information obtained by or
119	119	provided to a clerk under this section [Subsection (a), (a-5), or
120	120	(a-6)] is for the exclusive use of the court and is privileged and
121	121	confidential.
122	122	(c) Criminal history record information obtained by or
123	123	provided to a clerk under this section [Subsection (a), (a-5), or
124	124	(a-6)] may not be released or disclosed to any person or agency
125	125	except on court order [or with the consent of the person who is the
126	126	subject of the information]. The clerk may destroy the criminal
127	127	history record information after the information is used for the
128	128	purposes authorized by this section.
129	129	(e) The court, as that term is defined by Section 1002.008,
130	130	Estates Code, shall use the information obtained or provided under
131	131	Subsection (a)[, (a-4)(1), (a-5),] or (a-6) only in determining
132	132	whether to:
133	133	(1) appoint, remove, or continue the appointment of a
134	134	private professional guardian, a guardianship program, or the
135	135	Health and Human Services Commission; or
136	136	(2) appoint any other person proposed to serve as a
137	137	guardian under Title 3, Estates Code, including a proposed
138	138	temporary guardian and a proposed successor guardian, other than an
139	139	attorney.
140	140	(g) A person commits an offense if the person releases or
141	141	discloses any information received under this section without the
142	142	authorization prescribed by Subsection (c) [or (d)]. An offense
143	143	under this subsection is a Class A misdemeanor.
144	144	SECTION 7. Section 411.13861(a), Government Code, is
145	145	amended to read as follows:
146	146	Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD
147	147	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The
148	148	Health and Human Services Commission is entitled to obtain from the
149	149	Department of Public Safety criminal history record information
150	150	maintained by the Department of Public Safety that relates to a
151	151	person:
152	152	(1) required to undergo a background and criminal
153	153	history check under Chapter 248A, Health and Safety Code;
154	154	(2) who seeks unsupervised visits with a ward of the
155	155	Health and Human Services Commission, including a relative of the
156	156	ward, but only criminal history record information from the
157	157	Department of Public Safety's computerized criminal history
158	158	system;
159	159	(3) who is an applicant for employment with the Health
160	160	and Human Services Commission for a position in which the person, as
161	161	an employee, would have direct access to residents or clients of a
162	162	facility regulated by the Health and Human Services Commission, as
163	163	determined by the executive commissioner of that commission; or
164	164	(4) who is an employee of the Health and Human Services
165	165	Commission and who has direct access to residents or clients of a
166	166	facility regulated by that commission, as determined by the
167	167	executive commissioner of that commission.
168	168	SECTION 8. Section 411.1408(c), Government Code, is amended
169	169	to read as follows:
170	170	(c) Criminal history record information obtained by the
171	171	commission under Subsection (b):
172	172	(1) may be used by the commission for any purpose
173	173	related to the issuance, denial, suspension, revocation, or renewal
174	174	of a certificate, registration, or license issued by the commission
175	175	or otherwise under Subtitle L, Title 2;
176	176	(2) may not be released or disclosed to any person
177	177	except:
178	178	(A) on court order; or
179	179	(B) [with the consent of the person who is the
180	180	subject of the information; or
181	181	[(C)] as authorized by Section 411.1386(a-6) of
182	182	this code or Section 1104.404, Estates Code, if applicable; and
183	183	(3) shall be destroyed by the commission after the
184	184	information is used for the authorized purposes.
185	185	SECTION 9. Section 411.1409(d), Government Code, is amended
186	186	to read as follows:
187	187	(d) The court may not release or disclose information
188	188	obtained under Subsection (b) except on order of a district court
189	189	[or with the consent of the person who is the subject of the
190	190	criminal history record information].
191	191	SECTION 10. Section 1104.401, Estates Code, is amended to
192	192	read as follows:
193	193	Sec. 1104.401. DEFINITION. In this subchapter, "Commission
194	194	[department]" means the Health and Human Services Commission
195	195	[Department of Aging and Disability Services].
196	196	SECTION 11. Section 1104.402(a), Estates Code, is amended
197	197	to read as follows:
198	198	(a) Except as provided by Section [1104.403,] 1104.404[,]
199	199	or 1104.406(a), the clerk of the county having venue of the
200	200	proceeding for the appointment of a guardian shall obtain criminal
201	201	history record information that is maintained by the Department of
202	202	Public Safety or the Federal Bureau of Investigation identification
203	203	division relating to:
204	204	(1) a private professional guardian;
205	205	(2) each person who represents or plans to represent
206	206	the interests of a ward as a guardian on behalf of the private
207	207	professional guardian;
208	208	(3) each person employed by a private professional
209	209	guardian who will:
210	210	(A) have personal contact with a ward or proposed
211	211	ward;
212	212	(B) exercise control over and manage a ward's
213	213	estate; or
214	214	(C) perform any duties with respect to the
215	215	management of a ward's estate;
216	216	(4) each person employed by or volunteering or
217	217	contracting with a guardianship program to provide guardianship
218	218	services to a ward of the program on the program's behalf; or
219	219	(5) any other person proposed to serve as a guardian
220	220	under this title, including a proposed temporary guardian and a
221	221	proposed successor guardian, other than an attorney.
222	222	SECTION 12. Section 1104.404, Estates Code, is amended to
223	223	read as follows:
224	224	Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING
225	225	CERTAIN PERSONS. (a) The clerk described by Section 1104.402 is
226	226	not required to obtain criminal history record information for a
227	227	person if the Judicial Branch Certification Commission conducted a
228	228	criminal history check on the person under Sections 155.203 and
229	229	155.207 [Chapter 155], Government Code.
230	230	(b) Except as provided by Subsection (c), the Judicial
231	231	Branch Certification Commission [The board] shall provide to the
232	232	clerk [at the court's request] the criminal history record
233	233	information that was obtained from the Department of Public Safety
234	234	or the Federal Bureau of Investigation under Sections 155.203 and
235	235	155.205, Government Code.
236	236	(c) The Judicial Branch Certification Commission may not
237	237	provide the clerk criminal history record information under this
238	238	section that the commission obtained from the Federal Bureau of
239	239	Investigation under Section 152.2035, Government Code.
240	240	SECTION 13. Section 1104.405(a), Estates Code, is amended
241	241	to read as follows:
242	242	(a) Criminal history record information obtained or
243	243	provided under Section 1104.402[, 1104.403,] or 1104.404 is
244	244	privileged and confidential and is for the exclusive use of the
245	245	court in accordance with Section 1104.409. The criminal history
246	246	record information may not be released or otherwise disclosed to
247	247	any person or agency except on court order [or consent of the person
248	248	being investigated].
249	249	SECTION 14. Section 1104.406, Estates Code, is amended to
250	250	read as follows:
251	251	Sec. 1104.406. COMMISSION'S [DEPARTMENT'S] DUTY TO OBTAIN
252	252	CRIMINAL HISTORY RECORD INFORMATION. (a) The Commission
253	253	[department] shall obtain criminal history record information that
254	254	is maintained by the Department of Public Safety or the Federal
255	255	Bureau of Investigation identification division relating to each
256	256	individual who is or will be providing guardianship services to a
257	257	ward of or referred by the Commission [department], including:
258	258	(1) an employee of or an applicant selected for an
259	259	employment position with the Commission [department];
260	260	(2) a volunteer or an applicant selected to volunteer
261	261	with the Commission [department];
262	262	(3) an employee of or an applicant selected for an
263	263	employment position with a business entity or other person who
264	264	contracts with the Commission [department] to provide guardianship
265	265	services to a ward referred by the Commission [department]; and
266	266	(4) a volunteer or an applicant selected to volunteer
267	267	with a business entity or other person described by Subdivision
268	268	(3)[; and
269	269	(5) a contractor or an employee of a contractor who
270	270	provides services to a ward of the Department of Aging and
271	271	Disability Services under a contract with the estate of the ward].
272	272	(b) The Commission [department] must obtain the information
273	273	in Subsection (a) before:
274	274	(1) making an offer of employment to an applicant for
275	275	an employment position; or
276	276	(2) a volunteer contacts a ward of or referred by the
277	277	Commission [department].
278	278	(c) The Commission [department] must annually obtain the
279	279	information in Subsection (a) regarding employees, contractors, or
280	280	volunteers providing guardianship services.
281	281	SECTION 15. Section 1104.409, Estates Code, is amended to
282	282	read as follows:
283	283	Sec. 1104.409. USE OF INFORMATION BY COURT. The court shall
284	284	use the information obtained under this subchapter only in
285	285	determining whether to:
286	286	(1) appoint, remove, or continue the appointment of a
287	287	private professional guardian, a guardianship program, or the
288	288	Commission [department]; or
289	289	(2) appoint any other person proposed to serve as a
290	290	guardian under this title, including a proposed temporary guardian
291	291	and a proposed successor guardian, other than an attorney.
292	292	SECTION 16. Section 1104.411(a), Estates Code, is amended
293	293	to read as follows:
294	294	(a) A person commits an offense if the person releases or
295	295	discloses any information received under this subchapter without
296	296	the authorization prescribed by Section 1104.405 [or 1104.408].
297	297	SECTION 17. The following provisions are repealed:
298	298	(1) Sections 411.1386(a-4), (a-5), (d), and (f),
299	299	Government Code; and
300	300	(2) Sections 1104.403, 1104.407, 1104.408, and
301	301	1104.410, Estates Code.
302	302	SECTION 18. Section 1104.411(a), Estates Code, and Section
303	303	411.1386(g), Government Code, as amended by this Act, apply only to
304	304	an offense committed on or after the effective date of this Act. An
305	305	offense committed before the effective date of this Act is governed
306	306	by the law in effect on the date the offense was committed, and the
307	307	former law is continued in effect for that purpose. For purposes of
308	308	this section, an offense was committed before the effective date of
309	309	this Act if any element of the offense occurred before that date.
310	310	SECTION 19. This Act takes effect immediately if it
311	311	receives a vote of two-thirds of all the members elected to each
312	312	house, as provided by Section 39, Article III, Texas Constitution.
313	313	If this Act does not receive the vote necessary for immediate
314	314	effect, this Act takes effect September 1, 2021.