Bill Text: TX HB3044 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain criminal history record information obtained by certain facilities and private agencies on behalf of facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-17 - Received from the House [HB3044 Detail]
Download: Texas-2021-HB3044-Introduced.html
Bill Title: Relating to certain criminal history record information obtained by certain facilities and private agencies on behalf of facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-17 - Received from the House [HB3044 Detail]
Download: Texas-2021-HB3044-Introduced.html
87R8242 EAS-D | ||
By: Howard | H.B. No. 3044 |
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relating to certain criminal history record information obtained by | ||
home and community support service agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 250.002, Health and Safety Code, is | ||
amended by adding Subsection (a-2) and amending Subsection (b) to | ||
read as follows: | ||
(a-2) Notwithstanding Subsection (a-1), a facility licensed | ||
under Chapter 142 or exempt from licensing under Section | ||
142.003(a)(19), or a private agency on behalf of the facility, must | ||
obtain criminal history record information maintained by the | ||
Department of Public Safety of the State of Texas that relates to a | ||
person who is an applicant for employment with, an employee of, or a | ||
volunteer with the facility from the department under Section | ||
411.1387, Government Code, instead of this section. The applicable | ||
provisions of this chapter continue to apply to a facility, or a | ||
private agency on the facility's behalf, that conducts a criminal | ||
history check on a person described by this subsection under | ||
Section 411.1387, Government Code, to the same extent as if the | ||
criminal history check had been conducted under this section. To | ||
the extent of any conflict, Section 411.1387, Government Code, | ||
prevails over this chapter. | ||
(b) A facility may: | ||
(1) pay a private agency to obtain criminal history | ||
record information for a person described by Subsection (a-1) or | ||
(a-2) directly from the Department of Public Safety of the State of | ||
Texas; or | ||
(2) obtain the information directly from the | ||
Department of Public Safety. | ||
SECTION 2. Section 250.002(a-2), Health and Safety Code, as | ||
added by this Act, applies only to criminal history record | ||
information obtained on or after the effective date of this Act. | ||
Criminal history record information obtained before the effective | ||
date of this Act is governed by the law in effect when the criminal | ||
history record information was obtained, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |