S.B. No. 1192

	AN ACT
	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 [executive commissioner of the] commission[, or the
	executive commissioner's designee,] is entitled to obtain [from the
	department] criminal history record information as provided by
	Subsection (b-1) [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 [for a
	position] in which the person, as an employee, volunteer, or
	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; [or]
	(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 the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or other agency that relates to a
	person described by Subsection (b).
	(c)  Criminal history record information obtained by [the
	executive commissioner of] the commission[, or by the executive
	commissioner's designee,] under Subsection (b-1)(2) [(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).
	(c-1)  Criminal history record information obtained by the
	commission under Subsection (b-1)(1) may not be released or
	disclosed to any person.
	(d)  The commission is not prohibited from disclosing
	criminal history record information obtained under Subsection
	(b-1)(2) [(b)] in a criminal proceeding or in a hearing conducted by
	the commission.
	(e)  The commission [executive commissioner] shall destroy
	all criminal history record information obtained under this section
	[Subsection (b)] as soon as practicable after the information is
	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1192 passed the Senate on
	May 1, 2023, by the following vote: Yeas 31, Nays 0; and that the
	Senate concurred in House amendment on May 27, 2023, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1192 passed the House, with
	amendment, on May 24, 2023, by the following vote: Yeas 136,
	Nays 2, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor