| 1 | 1 | | 81R1973 UM-D |
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| 2 | 2 | | By: Rose H.B. No. 706 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the imposition of background and criminal history check |
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| 8 | 8 | | requirements for certain employees of and applicants for employment |
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| 9 | 9 | | with the Department of Family and Protective Services. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 42.0182 to read as follows: |
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| 13 | 13 | | Art. 42.0182. REPORT CONCERNING OFFENSES COMMITTED BY |
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| 14 | 14 | | DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES EMPLOYEES. Not later |
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| 15 | 15 | | than the fifth day after the date an employee of the Department of |
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| 16 | 16 | | Family and Protective Services who is engaged in the direct |
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| 17 | 17 | | delivery of protective services to children, elderly persons, or |
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| 18 | 18 | | persons with disabilities is convicted of or granted deferred |
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| 19 | 19 | | adjudication for an offense, the clerk of the court in which the |
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| 20 | 20 | | conviction or order of deferred adjudication is entered shall |
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| 21 | 21 | | provide to the Department of Family and Protective Services written |
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| 22 | 22 | | notice of the person's conviction or deferred adjudication, |
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| 23 | 23 | | including the offense on which the conviction or deferred |
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| 24 | 24 | | adjudication was based. |
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| 25 | 25 | | SECTION 2. Subchapter C, Chapter 40, Human Resources Code, |
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| 26 | 26 | | is amended by adding Section 40.0541 to read as follows: |
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| 27 | 27 | | Sec. 40.0541. REQUIRED BACKGROUND AND CRIMINAL HISTORY |
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| 28 | 28 | | CHECKS. (a) The department shall require the following persons to |
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| 29 | 29 | | submit a complete set of fingerprints to the department for use in |
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| 30 | 30 | | conducting background and criminal history checks: |
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| 31 | 31 | | (1) an applicant selected for a position with the |
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| 32 | 32 | | department, the duties of which include direct delivery of |
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| 33 | 33 | | protective services to children, elderly persons, or persons with a |
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| 34 | 34 | | disability; and |
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| 35 | 35 | | (2) an employee of the department who: |
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| 36 | 36 | | (A) is engaged in the direct delivery of |
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| 37 | 37 | | protective services to children, elderly persons, or persons with a |
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| 38 | 38 | | disability; and |
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| 39 | 39 | | (B) has not previously submitted fingerprints to |
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| 40 | 40 | | the department for use in conducting background and criminal |
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| 41 | 41 | | history checks. |
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| 42 | 42 | | (b) The department shall obtain criminal history record |
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| 43 | 43 | | information in accordance with Section 411.114, Government Code, |
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| 44 | 44 | | that pertains to a person described by Subsection (a) and is |
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| 45 | 45 | | maintained or indexed by the Federal Bureau of Investigation. |
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| 46 | 46 | | (c) The department shall subscribe to the criminal history |
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| 47 | 47 | | clearinghouse established by the Department of Public Safety under |
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| 48 | 48 | | Section 411.0845, Government Code, for updates to criminal history |
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| 49 | 49 | | record information for an employee of the department who is engaged |
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| 50 | 50 | | in the direct delivery of protective services to children, elderly |
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| 51 | 51 | | persons, or persons with a disability. |
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| 52 | 52 | | (d) The executive commissioner shall adopt rules necessary |
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| 53 | 53 | | to administer this section. The rules adopted under this section: |
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| 54 | 54 | | (1) must require that fingerprints be submitted in a |
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| 55 | 55 | | form and of a quality acceptable to the Department of Public Safety |
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| 56 | 56 | | and the Federal Bureau of Investigation for conducting a criminal |
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| 57 | 57 | | history check; and |
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| 58 | 58 | | (2) may require that the fingerprints be submitted |
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| 59 | 59 | | electronically through an applicant fingerprinting service center. |
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| 60 | 60 | | SECTION 3. Article 42.0182, Code of Criminal Procedure, as |
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| 61 | 61 | | added by this Act, applies only to a conviction of or grant of |
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| 62 | 62 | | deferred adjudication to an employee of the Department of Family |
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| 63 | 63 | | and Protective Services entered on or after the effective date of |
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| 64 | 64 | | this Act. |
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| 65 | 65 | | SECTION 4. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect September 1, 2009. |
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