81R1973 UM-D
By: Rose H.B. No. 706
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of background and criminal history check
requirements for certain employees of and applicants for employment
with the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0182 to read as follows:
Art. 42.0182. REPORT CONCERNING OFFENSES COMMITTED BY
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES EMPLOYEES. Not later
than the fifth day after the date an employee of the Department of
Family and Protective Services who is engaged in the direct
delivery of protective services to children, elderly persons, or
persons with disabilities is convicted of or granted deferred
adjudication for an offense, the clerk of the court in which the
conviction or order of deferred adjudication is entered shall
provide to the Department of Family and Protective Services written
notice of the person's conviction or deferred adjudication,
including the offense on which the conviction or deferred
adjudication was based.
SECTION 2. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.0541 to read as follows:
Sec. 40.0541. REQUIRED BACKGROUND AND CRIMINAL HISTORY
CHECKS. (a) The department shall require the following persons to
submit a complete set of fingerprints to the department for use in
conducting background and criminal history checks:
(1) an applicant selected for a position with the
department, the duties of which include direct delivery of
protective services to children, elderly persons, or persons with a
disability; and
(2) an employee of the department who:
(A) is engaged in the direct delivery of
protective services to children, elderly persons, or persons with a
disability; and
(B) has not previously submitted fingerprints to
the department for use in conducting background and criminal
history checks.
(b) The department shall obtain criminal history record
information in accordance with Section 411.114, Government Code,
that pertains to a person described by Subsection (a) and is
maintained or indexed by the Federal Bureau of Investigation.
(c) The department shall subscribe to the criminal history
clearinghouse established by the Department of Public Safety under
Section 411.0845, Government Code, for updates to criminal history
record information for an employee of the department who is engaged
in the direct delivery of protective services to children, elderly
persons, or persons with a disability.
(d) The executive commissioner shall adopt rules necessary
to administer this section. The rules adopted under this section:
(1) must require that fingerprints be submitted in a
form and of a quality acceptable to the Department of Public Safety
and the Federal Bureau of Investigation for conducting a criminal
history check; and
(2) may require that the fingerprints be submitted
electronically through an applicant fingerprinting service center.
SECTION 3. Article 42.0182, Code of Criminal Procedure, as
added by this Act, applies only to a conviction of or grant of
deferred adjudication to an employee of the Department of Family
and Protective Services entered on or after the effective date of
this Act.
SECTION 4. 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, 2009.