Bill Text: TX SB1411 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to acquisition, dissemination, and use of criminal history record information for certain judicial purposes, including for certification, registration, and licensing, of certain court professions and for appointing, removing, or continuing the appointment of a guardian.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-18 - Referred to Jurisprudence [SB1411 Detail]

Download: Texas-2021-SB1411-Introduced.html
 
 
  By: Zaffirini S.B. No. 1411
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to acquisition, dissemination, and use of criminal history
  record information for certain judicial purposes, including for
  certification, registration, and licensing, of certain court
  professions and for appointing, removing, or continuing the
  appointment of a guardian.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 152.203, Government Code, is amended to
  read as follows:
         Sec. 152.203.  RULES ON INELIGIBILITY. The supreme court
  shall adopt rules on applicants' ineligibility for certification,
  registration, or licensing under this subtitle based on the
  applicant's [person's] criminal history or other information that
  indicates the applicant [person] lacks the honesty,
  trustworthiness, or integrity to hold the certification,
  registration, or license.
         SECTION 2.  Subchapter E, Chapter 152, Government Code, is
  amended by adding Section 152.2035 to read as follows:
         Sec. 152.2035.  CRIMINAL HISTORY RECORD INFORMATION FOR USE
  IN DETERMINING INELIGIBILITY. (a) The commission shall, in
  accordance with this section and rules adopted by the supreme court
  under Section 152.203, obtain criminal history record information
  that is maintained by the Department of Public Safety or the Federal
  Bureau of Investigation identification division on each applicant
  for certification, registration, or licensing under this subtitle
  to be used solely for the determination of each applicant's
  ineligibility for certification, registration, or licensing under
  Section 152.203. The commission may not use criminal history
  record information obtained from the Federal Bureau of
  Investigation identification division under this section for any
  other purpose.
         (b)  The commission may not transfer criminal history record
  information obtained from the Federal Bureau of Investigation
  identification division under this section to any other state
  agency, entity, or person.
         (c)  The commission shall destroy criminal history record
  information immediately after the information is used to make a
  determination of ineligibility under Section 152.203.
         SECTION 3.  Section 155.206(a), Government Code, is amended
  to read as follows:
         (a)  Criminal history record information obtained under this
  subchapter is privileged and confidential and is for the exclusive
  use of the commission and the court with jurisdiction over the
  guardianship. The criminal history record information may not be
  released or otherwise disclosed to any person or agency except on
  court order [or consent of the individual being investigated].
         SECTION 4.  Section 155.207(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall use the criminal history record
  information obtained under this subchapter only for a purpose
  authorized by this subchapter [or to maintain the registration of a
  guardianship under Subchapter D].
         SECTION 5.  Section 411.114(a)(8), Government Code, is
  amended to read as follows:
               (8)  The Department of Family and Protective Services
  or the Health and Human Services Commission may only release with
  the consent described by Subdivision (6)(B) or to a person
  described by Subdivisions (7)(B), (7)(C), or (7)(D) [Subdivision
  (7)(B), (C), or (D)] criminal history record information that that
  department or commission obtains from the Department of Public
  Safety's computerized criminal history system. 
         SECTION 6.  Sections 411.1386(a), (a-1), (a-6), (b), (c),
  (e), and (g), Government Code, are amended to read as follows:
         (a)  Except as provided by Subsections (a-1)[, (a-5),] and
  (a-6), the clerk of the county having venue over a proceeding for
  the appointment of a guardian under Title 3, Estates Code, shall
  obtain from the department criminal history record information
  maintained by the department that relates to:
               (1)  a private professional guardian;
               (2)  each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of the private
  professional guardian;
               (3)  each person employed by a private professional
  guardian who will:
                     (A)  have personal contact with a ward or proposed
  ward;
                     (B)  exercise control over and manage a ward's
  estate; or
                     (C)  perform any duties with respect to the
  management of a ward's estate;
               (4)  each person employed by or volunteering or
  contracting with a guardianship program to provide guardianship
  services to a ward of the program on the program's behalf; or
               (5)  any other person proposed to serve as a guardian
  under Title 3, Estates Code, including a proposed temporary
  guardian and a proposed successor guardian, other than an attorney.
         (a-1)  The Health and Human Services Commission shall obtain
  from the Department of Public Safety criminal history record
  information maintained by the Department of Public Safety that
  relates to each individual who is or will be providing guardianship
  services to a ward of or referred by the Health and Human Services
  Commission, including:
               (1)  an employee of or an applicant selected for an
  employment position with the Health and Human Services Commission;
               (2)  a volunteer or an applicant selected to volunteer
  with the Health and Human Services Commission;
               (3)  an employee of or an applicant selected for an
  employment position with a business entity or other person that
  contracts with the Health and Human Services Commission to provide
  guardianship services to a ward referred by that commission; and
               (4)  a volunteer or an applicant selected to volunteer
  with a business entity or person described by Subdivision (3)[; and
               (5)  a contractor or an employee of a contractor who
  provides services to a ward of the Health and Human Services
  Commission under a contract with the estate of the ward].
         (a-6)  The clerk described by Subsection (a) is not required
  to obtain criminal history record information for a person if the
  Judicial Branch Certification Commission conducted a criminal
  history check on the person under Sections 155.203 and 155.207
  [Chapter 155]. The commission shall provide to the clerk [at the
  court's request] the criminal history record information that was
  obtained from the department or the Federal Bureau of Investigation
  only for the purposes specified under Subsection (e).
         (b)  Criminal history record information obtained by or
  provided to a clerk under this section [Subsection (a), (a-5), or
  (a-6)] is for the exclusive use of the court and is privileged and
  confidential.
         (c)  Criminal history record information obtained by or
  provided to a clerk under this section [Subsection (a), (a-5), or
  (a-6)] may not be released or disclosed to any person or agency
  except on court order [or with the consent of the person who is the
  subject of the information]. The clerk may destroy the criminal
  history record information after the information is used for the
  purposes authorized by this section.
         (e)  The court, as that term is defined by Section 1002.008,
  Estates Code, shall use the information obtained or provided under
  Subsection (a)[, (a-4)(1), (a-5),] or (a-6) only in determining
  whether to:
               (1)  appoint, remove, or continue the appointment of a
  private professional guardian, a guardianship program, or the
  Health and Human Services Commission; or
               (2)  appoint any other person proposed to serve as a
  guardian under Title 3, Estates Code, including a proposed
  temporary guardian and a proposed successor guardian, other than an
  attorney.
         (g)  A person commits an offense if the person releases or
  discloses any information received under this section without the
  authorization prescribed by Subsection (c) [or (d)]. An offense
  under this subsection is a Class A misdemeanor.
         SECTION 7.  Section 411.13861(a), Government Code, is
  amended to read as follows:
         Sec. 411.13861.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION:  HEALTH AND HUMAN SERVICES COMMISSION. (a)  The
  Health and Human Services Commission is entitled to obtain from the
  Department of Public Safety criminal history record information
  maintained by the Department of Public Safety that relates to a
  person:
               (1)  required to undergo a background and criminal
  history check under Chapter 248A, Health and Safety Code;
               (2)  who seeks unsupervised visits with a ward of the
  Health and Human Services Commission, including a relative of the
  ward, but only criminal history record information from the
  Department of Public Safety's computerized criminal history
  system;
               (3)  who is an applicant for employment with the Health
  and Human Services Commission for a position in which the person, as
  an employee, would have direct access to residents or clients of a
  facility regulated by the Health and Human Services Commission, as
  determined by the executive commissioner of that commission; or
               (4)  who is an employee of the Health and Human Services
  Commission and who has direct access to residents or clients of a
  facility regulated by that commission, as determined by the
  executive commissioner of that commission.
         SECTION 8.  Section 411.1408(c), Government Code, is amended
  to read as follows:
         (c)  Criminal history record information obtained by the
  commission under Subsection (b):
               (1)  may be used by the commission for any purpose
  related to the issuance, denial, suspension, revocation, or renewal
  of a certificate, registration, or license issued by the commission
  or otherwise under Subtitle L, Title 2;
               (2)  may not be released or disclosed to any person
  except:
                     (A)  on court order; or
                     (B)  [with the consent of the person who is the
  subject of the information; or
                     [(C)] as authorized by Section 411.1386(a-6) of
  this code or Section 1104.404, Estates Code, if applicable; and
               (3)  shall be destroyed by the commission after the
  information is used for the authorized purposes.
         SECTION 9.  Section 411.1409(d), Government Code, is amended
  to read as follows:
         (d)  The court may not release or disclose information
  obtained under Subsection (b) except on order of a district court
  [or with the consent of the person who is the subject of the
  criminal history record information].
         SECTION 10.  Section 1104.401, Estates Code, is amended to
  read as follows:
         Sec. 1104.401.  DEFINITION. In this subchapter, "Commission
  [department]" means the Health and Human Services Commission 
  [Department of Aging and Disability Services].
         SECTION 11.  Section 1104.402(a), Estates Code, is amended
  to read as follows:
         (a)  Except as provided by Section [1104.403,] 1104.404[,]
  or 1104.406(a), the clerk of the county having venue of the
  proceeding for the appointment of a guardian shall obtain criminal
  history record information that is maintained by the Department of
  Public Safety or the Federal Bureau of Investigation identification
  division relating to:
               (1)  a private professional guardian;
               (2)  each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of the private
  professional guardian;
               (3)  each person employed by a private professional
  guardian who will:
                     (A)  have personal contact with a ward or proposed
  ward;
                     (B)  exercise control over and manage a ward's
  estate; or
                     (C)  perform any duties with respect to the
  management of a ward's estate;
               (4)  each person employed by or volunteering or
  contracting with a guardianship program to provide guardianship
  services to a ward of the program on the program's behalf; or
               (5)  any other person proposed to serve as a guardian
  under this title, including a proposed temporary guardian and a
  proposed successor guardian, other than an attorney.
         SECTION 12.  Section 1104.404, Estates Code, is amended to
  read as follows:
         Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING
  CERTAIN PERSONS. (a) The clerk described by Section 1104.402 is
  not required to obtain criminal history record information for a
  person if the Judicial Branch Certification Commission conducted a
  criminal history check on the person under Sections 155.203 and
  155.207 [Chapter 155], Government Code.
         (b)  Except as provided by Subsection (c), the Judicial
  Branch Certification Commission [The board] shall provide to the
  clerk [at the court's request] the criminal history record
  information that was obtained from the Department of Public Safety
  or the Federal Bureau of Investigation under Sections 155.203 and
  155.205, Government Code.
         (c)  The Judicial Branch Certification Commission may not
  provide the clerk criminal history record information under this
  section that the commission obtained from the Federal Bureau of
  Investigation under Section 152.2035, Government Code.
         SECTION 13.  Section 1104.405(a), Estates Code, is amended
  to read as follows:
         (a)  Criminal history record information obtained or
  provided under Section 1104.402[, 1104.403,] or 1104.404 is
  privileged and confidential and is for the exclusive use of the
  court in accordance with Section 1104.409. The criminal history
  record information may not be released or otherwise disclosed to
  any person or agency except on court order [or consent of the person
  being investigated].
         SECTION 14.  Section 1104.406, Estates Code, is amended to
  read as follows:
         Sec. 1104.406.  COMMISSION'S [DEPARTMENT'S] DUTY TO OBTAIN
  CRIMINAL HISTORY RECORD INFORMATION. (a) The Commission
  [department] shall obtain criminal history record information that
  is maintained by the Department of Public Safety or the Federal
  Bureau of Investigation identification division relating to each
  individual who is or will be providing guardianship services to a
  ward of or referred by the Commission [department], including:
               (1)  an employee of or an applicant selected for an
  employment position with the Commission [department];
               (2)  a volunteer or an applicant selected to volunteer
  with the Commission [department];
               (3)  an employee of or an applicant selected for an
  employment position with a business entity or other person who
  contracts with the Commission [department] to provide guardianship
  services to a ward referred by the Commission [department]; and
               (4)  a volunteer or an applicant selected to volunteer
  with a business entity or other person described by Subdivision
  (3)[; and
               (5)  a contractor or an employee of a contractor who
  provides services to a ward of the Department of Aging and
  Disability Services under a contract with the estate of the ward].
         (b)  The Commission [department] must obtain the information
  in Subsection (a) before:
               (1)  making an offer of employment to an applicant for
  an employment position; or
               (2)  a volunteer contacts a ward of or referred by the
  Commission [department].
         (c)  The Commission [department] must annually obtain the
  information in Subsection (a) regarding employees, contractors, or
  volunteers providing guardianship services.
         SECTION 15.  Section 1104.409, Estates Code, is amended to
  read as follows:
         Sec. 1104.409.  USE OF INFORMATION BY COURT. The court shall
  use the information obtained under this subchapter only in
  determining whether to:
               (1)  appoint, remove, or continue the appointment of a
  private professional guardian, a guardianship program, or the
  Commission [department]; or
               (2)  appoint any other person proposed to serve as a
  guardian under this title, including a proposed temporary guardian
  and a proposed successor guardian, other than an attorney.
         SECTION 16.  Section 1104.411(a), Estates Code, is amended
  to read as follows:
         (a)  A person commits an offense if the person releases or
  discloses any information received under this subchapter without
  the authorization prescribed by Section 1104.405 [or 1104.408].
         SECTION 17.  The following provisions are repealed:
               (1)  Sections 411.1386(a-4), (a-5), (d), and (f),
  Government Code; and
               (2)  Sections 1104.403, 1104.407, 1104.408, and
  1104.410, Estates Code.
         SECTION 18.  Section 1104.411(a), Estates Code, and Section
  411.1386(g), Government Code, as amended by this Act, apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 19.  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, 2021.
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