Texas 2023 - 88th Regular

Texas Senate Bill SB1192 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1192
2	2
3	3
4	4	AN ACT
5	5	relating to access to criminal history record information for
6	6	certain employees, volunteers, and contractors, and for applicants
7	7	for those positions, by the Health and Human Services Commission.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.1106, Government Code, is amended by
10	10	amending Subsections (b), (c), (d), and (e) and adding Subsections
11	11	(b-1), (c-1), and (f) to read as follows:
12	12	(b) The [executive commissioner of the] commission[, or the
13	13	executive commissioner's designee,] is entitled to obtain [from the
14	14	department] criminal history record information as provided by
15	15	Subsection (b-1) [maintained by the department] that relates to a
16	16	person who is required to be fingerprinted and is:
17	17	(1) an applicant for an employment or volunteer
18	18	position or an applicant for a contract with the commission [for a
19	19	position] in which the person, as an employee, volunteer, or
20	20	contractor, an applicable, would have access to sensitive personal
21	21	or financial information, as determined by the executive
22	22	commissioner, in:
23	23	(A) the eligibility services division of the
24	24	commission; [or]
25	25	(B) the commission's office of inspector
26	26	general; or
27	27	(C) the regulatory services division of the
28	28	commission; or
29	29	(2) an employee, volunteer, or contractor of the
30	30	commission who has access to sensitive personal or financial
31	31	information, as determined by the executive commissioner.
32	32	(b-1) Subject to Section 411.087, the commission is
33	33	entitled to:
34	34	(1) obtain through the Federal Bureau of Investigation
35	35	criminal history record information maintained or indexed by that
36	36	bureau that pertains to a person described by Subsection (b); and
37	37	(2) obtain from the department or any other criminal
38	38	justice agency in this state criminal history record information
39	39	maintained by the department or other agency that relates to a
40	40	person described by Subsection (b).
41	41	(c) Criminal history record information obtained by [the
42	42	executive commissioner of] the commission[, or by the executive
43	43	commissioner's designee,] under Subsection (b-1)(2) [(b)] may not
44	44	be released or disclosed, except:
45	45	(1) if the information is in a public record at the
46	46	time the information is obtained;
47	47	(2) on court order;
48	48	(3) to a criminal justice agency, upon request;
49	49	(4) with the consent of the person who is the subject
50	50	of the criminal history record information; or
51	51	(5) as provided by Subsection (d).
52	52	(c-1) Criminal history record information obtained by the
53	53	commission under Subsection (b-1)(1) may not be released or
54	54	disclosed to any person.
55	55	(d) The commission is not prohibited from disclosing
56	56	criminal history record information obtained under Subsection
57	57	(b-1)(2) [(b)] in a criminal proceeding or in a hearing conducted by
58	58	the commission.
59	59	(e) The commission [executive commissioner] shall destroy
60	60	all criminal history record information obtained under this section
61	61	[Subsection (b)] as soon as practicable after the information is
62	62	used for its authorized purpose.
63	63	(f) This section does not prohibit the commission from
64	64	obtaining and using criminal history record information as provided
65	65	by other law.
66	66	SECTION 2. This Act takes effect immediately if it receives
67	67	a vote of two-thirds of all the members elected to each house, as
68	68	provided by Section 39, Article III, Texas Constitution. If this
69	69	Act does not receive the vote necessary for immediate effect, this
70	70	Act takes effect September 1, 2023.
71	71	______________________________ ______________________________
72	72	President of the Senate Speaker of the House
73	73	I hereby certify that S.B. No. 1192 passed the Senate on
74	74	May 1, 2023, by the following vote: Yeas 31, Nays 0; and that the
75	75	Senate concurred in House amendment on May 27, 2023, by the
76	76	following vote: Yeas 31, Nays 0.
77	77	______________________________
78	78	Secretary of the Senate
79	79	I hereby certify that S.B. No. 1192 passed the House, with
80	80	amendment, on May 24, 2023, by the following vote: Yeas 136,
81	81	Nays 2, one present not voting.
82	82	______________________________
83	83	Chief Clerk of the House
84	84	Approved:
85	85	______________________________
86	86	Date
87	87	______________________________
88	88	Governor