Texas 2015 - 84th Regular

Texas Senate Bill SB1496 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Uresti S.B. No. 1496
2		-	(Naishtat, Peña)
	1	+	S.B. No. 1496
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to background checks conducted by the Department of Family
8	6		and Protective Services for certain child-care providers.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 42.0523(b), Human Resources Code, is
11	9		amended to read as follows:
12	10		(b) Before the department may list a child-care provider's
13	11		home under this section, in addition to conducting the [any other]
14	12		background or criminal history check required under Section 42.056
15	13		[for a family home listing], the department must search the central
16	14		database of sex offender registration records maintained by the
17	15		Department of Public Safety under Chapter 62, Code of Criminal
18	16		Procedure, to determine whether the provider is listed in the
19	17		registry as a sex offender.
20	18		SECTION 2. Sections 42.056(a-2) and (a-4), Human Resources
21	19		Code, and Section 42.056(c), Human Resources Code, as amended by
22	20		S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are
23	21		amended to read as follows:
24	22		(a-2) In accordance with rules adopted by the executive
25	23		commissioner, the director, owner, or operator of a residential
26	24		child-care facility, listed or registered family home, group
27	25		day-care home, day-care center, before-school or after-school
28	26		program, or school-age program shall submit a complete set of
29	27		fingerprints of each person whose name is required to be submitted
30	28		by the director, owner, or operator under Subsection (a), unless
31	29		the person is only required to have the person's name submitted
32	30		based on criteria specified by Subsection (a)(7). This subsection
33	31		does not apply to a family home that is subject to regulation by the
34	32		department under Section 42.0523 [program that is exempt from the
35	33		licensing requirements of Section 42.041].
36	34		(a-4) In accordance with rules adopted by the executive
37	35		commissioner, the director, owner, or operator of a facility or
38	36		listed or registered family home shall submit a complete set of
39	37		fingerprints of each person whose name is required to be submitted
40	38		by the director, owner, or operator under Subsection (a) if:
41	39		(1) the person resided in another state during the
42	40		five years preceding the date the person's name was required to be
43	41		submitted under Subsection (a); or
44	42		(2) the director, owner, or operator has reason to
45	43		suspect that the person has a criminal history in another state.
46	44		(c) The executive commissioner by rule shall require a
47	45		child-care facility, child-placing agency, or listed or registered
48	46		family home to pay to the department a fee in an amount not to exceed
49	47		the administrative costs the department incurs in conducting a
50	48		background and criminal history check under this section.
51	49		SECTION 3. This Act takes effect September 1, 2016.
	50	+	______________________________ ______________________________
	51	+	President of the Senate Speaker of the House
	52	+	I hereby certify that S.B. No. 1496 passed the Senate on
	53	+	April 22, 2015, by the following vote: Yeas 29, Nays 1.
	54	+	______________________________
	55	+	Secretary of the Senate
	56	+	I hereby certify that S.B. No. 1496 passed the House on
	57	+	May 27, 2015, by the following vote: Yeas 128, Nays 18,
	58	+	one present not voting.
	59	+	______________________________
	60	+	Chief Clerk of the House
	61	+	Approved:
	62	+	______________________________
	63	+	Date
	64	+	______________________________
	65	+	Governor