88R8413 BDP-F
By: Zaffirini S.B. No. 1192
A BILL TO BE ENTITLED
AN ACT
relating to access to criminal history record information for
certain employees, volunteers, and contractors, and for applicants
for those positions, by the Health and Human Services Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1106, Government Code, is amended by
amending Subsections (b), (c), (d), and (e) and adding Subsections
(b-1) and (f) to read as follows:
(b) 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 that relates to a person who is:
(1) an applicant for employment for a position in
which the person, as an employee, would have access to sensitive
personal or financial information, as determined by the executive
commissioner, in:
(A) the eligibility services division of the
commission; [or]
(B) the commission's office of inspector
general; or
(C) the regulatory services division of the
commission;
(2) an employee of the commission who has access to
sensitive personal or financial information, as determined by the
executive commissioner;
(3) an applicant for a volunteer position or a
volunteer in the regulatory services division of the commission; or
(4) an applicant for a contract with or a contractor of
the regulatory services division of the commission.
(b-1) Subject to Section 411.087, the commission 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 (b); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained or
indexed by that agency that pertains to a person described by
Subsection (b).
(c) Criminal history record information obtained by the
executive commissioner of the commission, or by the executive
commissioner's designee, under this section [Subsection (b)] may
not be released or disclosed, except:
(1) if the information is in a public record at the
time the information is obtained;
(2) on court order;
(3) to a criminal justice agency, upon request;
(4) with the consent of the person who is the subject
of the criminal history record information; or
(5) as provided by Subsection (d).
(d) The commission is not prohibited from disclosing
criminal history record information obtained under this section
[Subsection (b)] in a criminal proceeding or in a hearing conducted
by the commission.
(e) The executive commissioner shall destroy all criminal
history record information obtained under this section [Subsection
(b)] as soon as practicable after the information is used for its
authorized purpose.
(f) This section does not prohibit the commission from
obtaining and using criminal history record information as provided
by other law.
SECTION 2. 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, 2023.