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), (c-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 required to be
fingerprinted and is:
(1) an applicant for an employment or volunteer
position or an applicant for a contract with the commission [for a
position] in which the person, as an employee, volunteer, or
contractor, an applicable, 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; or
(2) an employee, volunteer, or contractor of the
commission who has access to sensitive personal or financial
information, as determined by the executive commissioner.
(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 by that
agency that relates 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).
(c-1) Notwithstanding Subsection (c), criminal history
record information obtained by the commission under Subsection
(b)(1) may not be released or disclosed to any person.
(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 commission [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.