A safe house may get certain criminal history record information from the department if the volunteer or applicant gives written consent; the department may make rules, and safe houses generally may not keep the information and must destroy it promptly after suitability is determined.
Sec. 411.131. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: SAFE HOUSES. (a) In this section: (1) "Safe house" means a nonprofit organization: (A) whose primary purpose is to provide temporary shelter for children avoiding harmful situations; (B) that is certified as a bona fide safe house by a local law enforcement agency; and (C) that is operating as a "Safe House." (2) "Volunteer" or "volunteer applicant" means a person who will perform one or more of the following services without remuneration: (A) any service performed in a safe house; (B) any service that requires the access to or the handling of money or confidential or privileged information; (C) any service that involves the care of or access to a child; (D) coordination or referral of volunteers; or (E) executive administrative responsibilities. (b) A safe house is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is a volunteer or a volunteer applicant of the volunteer center, if the volunteer or applicant signs a written consent to a criminal history background check. (c) Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(10). (d) The department may establish rules governing the administration of this section. (e) A safe house may not keep or retain criminal history record information obtained under this section in any file. Criminal history record information must be destroyed promptly after the determination of suitability of the person for any position as a volunteer. (f) A safe house or an officer or volunteer of a safe house is not liable in a civil action for damages resulting from a failure to comply with this section if the safe house, officer, or volunteer makes a good faith effort to comply. Added by Acts 1995, 74th Leg., ch. 691, Sec. 1, eff. Aug. 28, 1995. Renumbered from Government Code Sec. 411.128 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(36), eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(10), eff. Sept. 1, 2003.