HHSC may obtain criminal history record information for certain applicants, employees, volunteers, contractors, and related applicants who would work directly with state supported living center residents or clients; it also has disclosure limits and must destroy the information after authorized use.
Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AT STATE SUPPORTED LIVING CENTERS. (a) The Health and Human Services Commission is entitled to obtain criminal history record information as provided by Subsection (d) that relates to a person: (1) who is: (A) an applicant for employment with the Health and Human Services Commission; (B) an employee of the Health and Human Services Commission; (C) a volunteer with the Health and Human Services Commission; (D) an applicant for a volunteer position with the Health and Human Services Commission; (E) an applicant for a contract with the Health and Human Services Commission; or (F) a contractor of the Health and Human Services Commission; and (2) who would be placed in direct contact with a resident or client of a state supported living center, as defined by Section 555.001, Health and Safety Code. (b) The commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (d)(1). Criminal history record information obtained by the Health and Human Services Commission under Subsection (d)(2) may not be released or disclosed to any person except: (1) on court order; (2) with the consent of the person who is the subject of the criminal history record information; (3) for purposes of an administrative hearing held by the agency concerning the person who is the subject of the criminal history record information; or (4) as provided by Subsection (c). (c) The Health and Human Services Commission is prohibited from releasing criminal history record information obtained under Subsection (d)(1) to the person who is the subject of the criminal history record information. The Health and Human Services Commission is not prohibited from releasing criminal history record information obtained under Subsection (d)(2) to the person who is the subject of the criminal history record information. (d) Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services 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 (a); and (2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a). (e) This section does not prohibit the Health and Human Services Commission from obtaining and using criminal history record information as provided by other law. (f) The Health and Human Services Commission shall destroy criminal history record information obtained under this section after the information is used for its authorized purpose. Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 8, eff. June 11, 2009. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1027 (H.B. 2673), Sec. 2, eff. June 14, 2013. Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 8, eff. June 10, 2019. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 35, eff. June 13, 2023.