Bill Text: TX SB1192 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective immediately [SB1192 Detail]
Download: Texas-2023-SB1192-Comm_Sub.html
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective immediately [SB1192 Detail]
Download: Texas-2023-SB1192-Comm_Sub.html
By: Zaffirini | S.B. No. 1192 | |
(Noble) | ||
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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 [ |
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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 [ |
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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; [ |
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(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 [ |
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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 | ||
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by the commission. | ||
(e) The commission [ |
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all criminal history record information obtained under this section | ||
[ |
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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. |