S.B. No. 1540
 
 
 
 
AN ACT
  relating to the authority of the Health and Human Services
  Commission and the Department of Aging and Disability Services to
  obtain criminal history record information regarding certain
  applicants for employment and current employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1106 to read as follows:
         Sec. 411.1106.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION:  HEALTH AND HUMAN SERVICES COMMISSION. (a)  In this
  section, "commission" means the Health and Human Services
  Commission.
         (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:
               (1)  an applicant for employment for a position in
  which the person, as an employee, 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
               (2)  an employee of the commission who has access to
  sensitive personal or financial information, as determined by the
  executive commissioner.
         (c)  Criminal history record information obtained by the
  executive commissioner of the commission, or by the executive
  commissioner's designee, under 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).
         (d)  The commission is not prohibited from disclosing
  criminal history record information obtained under Subsection (b)
  in a criminal proceeding or in a hearing conducted by the
  commission.
         (e)  The executive commissioner shall destroy all criminal
  history record information obtained under Subsection (b) as soon as
  practicable after the information is used for its authorized
  purpose.
         SECTION 2.  Section 411.13861, Government Code, is amended
  by amending Subsection (a), as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, and adding Subsection (f) to
  read as follows:
         (a)  The Department of Aging and Disability Services 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; [or]
               (2)  who seeks unsupervised visits with a ward of the
  department, including a relative of the ward;
               (3)  who is an applicant for employment with the
  Department of Aging and Disability Services for a position in which
  the person, as an employee, would have direct access to residents or
  clients of a facility regulated by the department, as determined by
  the commissioner of aging and disability services; or
               (4)  who is an employee of the Department of Aging and
  Disability Services and who has direct access to residents or
  clients of a facility regulated by the department, as determined by
  the commissioner of aging and disability services.
         (f)  Notwithstanding Subsection (c), the Department of Aging
  and Disability Services shall destroy information obtained under
  Subsection (a)(3) or (4) after the information is used for the
  purposes authorized by this section.
         SECTION 3.  Subchapter A, Chapter 531, Government Code, is
  amended by adding Section 531.00553 to read as follows:
         Sec. 531.00553.  CRIMINAL BACKGROUND CHECKS. (a)  In this
  section, "eligible person" means a person whose criminal history
  record information the executive commissioner, or the executive
  commissioner's designee, is entitled to obtain from the Department
  of Public Safety under Section 411.1106.
         (b)  The executive commissioner may require an eligible
  person to submit fingerprints in a form and of a quality acceptable
  to the Department of Public Safety and the Federal Bureau of
  Investigation for use in conducting a criminal history background
  check by obtaining criminal history record information under
  Sections 411.1106 and 411.087.
         (c)  Criminal history record information obtained by the
  executive commissioner under Sections 411.1106 and 411.087 may be
  used only to evaluate the qualification or suitability for
  employment, including continued employment, of an eligible person.
         (d)  Notwithstanding Subsection (c), the executive
  commissioner or the executive commissioner's designee may release
  or disclose criminal history record information obtained under
  Section 411.087 only to a governmental entity or as otherwise
  authorized by federal law, including federal regulations and
  executive orders.
         SECTION 4.  Subchapter C, Chapter 161, Human Resources Code,
  is amended by adding Section 161.057 to read as follows:
         Sec. 161.057.  CRIMINAL BACKGROUND CHECKS. (a)  In this
  section, "eligible person" means a person whose criminal history
  record information the department is entitled to obtain from the
  Department of Public Safety under Section 411.13861, Government
  Code. 
         (b)  The department may obtain criminal history record
  information regarding an eligible person as provided by Section
  411.13861, Government Code.  Criminal history record information
  obtained under Section 411.13861 is subject to the restrictions and
  requirements of that section.
         SECTION 5.  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, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1540 passed the Senate on
  April 30, 2015, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1540 passed the House on
  May 27, 2015, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor