81R609 UM-D
By: Nelson S.B. No. 67
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of background and criminal history check
requirements for operators and employees of certain facilities and
agencies serving children, the elderly, or persons who are
disabled.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.056, Human Resources Code, is amended
by amending Subsections (a-1), (a-2), (b), and (b-1) and adding
Subsection (a-3) to read as follows:
(a-1) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a residential
child-care facility shall submit to the department for use in
conducting background and criminal history checks the name of each
prospective employee [who will provide direct care or have direct
access to a child in the residential child-care facility].
(a-2) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a child-care
facility or child-placing agency [day-care center] shall submit a
complete set of fingerprints of each person whose name is submitted
by the director, owner, or operator under Subsection (a), (a-1), or
(a-3). The rules adopted by the executive commissioner:
(1) must require that the 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.
(a-3) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a child-placing
agency shall, when applying to operate a child-placing agency and
at least once during each 24 months after receiving a license,
submit to the department for use in conducting background and
criminal history checks the name of the director, owner, and
operator of the child-placing agency and the name of each person
employed by the child-placing agency.
(b) The department shall conduct background and criminal
history checks using:
(1) the information provided under Subsections (a),
[and] (a-1), and (a-3);
(2) the information made available by the Department
of Public Safety under Section 411.114, Government Code, or by the
Federal Bureau of Investigation or other criminal justice agency
under Section 411.087, Government Code; and
(3) the department's records of reported abuse and
neglect.
(b-1) In addition to any other background or criminal
history check conducted under Subsection (b), for each person whose
name is submitted by the director, owner, or operator of a
child-care facility [day-care center] under Subsection (a) or
(a-1), or by the director, owner, or operator of a child-placing
agency under Subsection (a-3), the department shall conduct a state
and Federal Bureau of Investigation criminal history check by:
(1) submitting the person's fingerprints provided
under Subsection (a-2), or causing the fingerprints to be submitted
electronically as authorized by that subsection, to the Department
of Public Safety for the purpose of conducting a state and federal
criminal history check; and
(2) using the resulting information made available by
that department under Section 411.114, Government Code, and by the
Federal Bureau of Investigation and any other criminal justice
agency under Section 411.087, Government Code.
SECTION 2. Section 43.004, Human Resources Code, is amended
to read as follows:
Sec. 43.004. QUALIFICATIONS FOR LICENSE. (a) To be
eligible for a child-care administrator's license a person must:
(1) provide information and fingerprints for the
department's use in conducting a criminal history and background
check under Subsection (c);
(2) pass an examination developed and administered by
the department that demonstrates competence in the field of
child-care administration;
(3) have one year of full-time experience in
management or supervision of child-care personnel and programs; and
(4) have one of the following educational and
experience qualifications:
(A) a master's or doctoral degree in social work
or other area of study; or
(B) a bachelor's degree and two years' full-time
experience in child care or a closely related field.
(b) To be eligible for a child-placing agency
administrator's license a person must:
(1) provide information and fingerprints for the
department's use in conducting a criminal history and background
check under Subsection (c);
(2) pass an examination developed and administered by
the department that demonstrates competence in the field of placing
children in residential settings or adoptive homes;
(3) have one year of full-time experience in
management or supervision of child-placing personnel and programs;
and
(4) have one of the following educational and
experience qualifications:
(A) a master's or doctoral degree in social work
or other area of study; or
(B) a bachelor's degree and two years' full-time
experience in the field of placing children in residential settings
or adoptive homes or a closely related field.
(c) Before the department issues a license under this
chapter, the department must conduct a criminal history and
background check of the applicant using:
(1) the information made available by the Department
of Public Safety under Section 411.114, Government Code, and [or]
by the Federal Bureau of Investigation or other criminal justice
agency under Section 411.087, Government Code; and
(2) the information in the central registry of
reported cases of child abuse or neglect established under Section
261.002, Family Code.
SECTION 3. Subchapter D, Chapter 161, Human Resources Code,
is amended by adding Section 161.076 to read as follows:
Sec. 161.076. REQUIRED BACKGROUND AND CRIMINAL HISTORY
CHECKS. (a) The director, owner, or operator of a facility or
agency licensed by the department shall, when applying for a
license from the department and at least once during each 24 months
after receiving a license from the department, submit to the
department for use in conducting background and criminal history
checks a complete set of fingerprints of each:
(1) director, owner, and operator of the facility or
agency;
(2) person employed at the facility or by the agency;
and
(3) person at least 14 years of age who will regularly
or frequently be staying or working at the facility or working with
people served by the agency.
(b) The director, owner, or operator of a facility or agency
licensed by the department shall submit to the department for use in
conducting background and criminal history checks the name and a
complete set of fingerprints of each prospective employee.
(c) The executive commissioner shall adopt rules necessary
to administer this section. The rules adopted under this section:
(1) must require that the 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;
(2) may require that the fingerprints be submitted
electronically through an applicant fingerprinting service center;
and
(3) may require a facility or agency licensed by the
department to pay to the department a fee in an amount not to exceed
the administrative costs the department incurs in conducting a
background and criminal history check under this section.
SECTION 4. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1146 to read as follows:
Sec. 411.1146. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF AGING AND DISABILITY SERVICES. (a) The
Department of Aging and Disability Services is entitled to obtain
from the department criminal history record information maintained
by the department that relates to:
(1) a person:
(A) who is:
(i) an applicant for employment with the
Department of Aging and Disability Services;
(ii) an employee of the Department of Aging
and Disability Services;
(iii) an applicant for employment with or
an employee of a person that contracts with the Department of Aging
and Disability Services to provide services to patients who are
elderly or disabled;
(iv) a volunteer with the Department of
Aging and Disability Services; or
(v) a volunteer applicant; and
(B) who would be placed in direct contact with a
resident or client who is elderly or disabled; or
(2) a person who is:
(A) an applicant for a license issued by the
Department of Aging and Disability Services;
(B) an employee or an applicant for employment at
a facility or agency licensed by the Department of Aging and
Disability Services; or
(C) at least 14 years of age who will regularly or
frequently be staying or working at a licensed facility or working
with residents or clients of a licensed agency.
(b) Criminal history record information obtained by the
Department of Aging and Disability Services under Subsection (a)
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 Department of Aging and Disability Services concerning the
person who is the subject of the criminal history record
information; or
(4) as provided by Subsection (c).
(c) The Department of Aging and Disability Services is not
prohibited from releasing criminal history record information
obtained under this section to:
(1) the person who is the subject of the criminal
history record information; or
(2) a facility or agency:
(A) that employs or is considering employing the
person who is the subject of the criminal history record
information; or
(B) at which the person regularly stays or works.
(d) Subject to Section 411.087, the Department of Aging and
Disability Services 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 any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(e) The Department of Aging and Disability Services shall
collect and destroy criminal history record information that
relates to a person immediately after making an employment decision
or taking a personnel action relating to the person who is the
subject of the criminal history record information.
SECTION 5. (a) The changes in law made by this Act relating
to background and criminal history checks apply only to background
and criminal history checks performed on or after September 1,
2011.
(b) Not later than September 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt rules as required by Section 161.076, Human Resources Code,
as added by this Act.
SECTION 6. This Act takes effect September 1, 2009.