By: Uresti S.B. No. 1496
(Naishtat, Peña)
A BILL TO BE ENTITLED
AN ACT
relating to background checks conducted by the Department of Family
and Protective Services for certain child-care providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.0523(b), Human Resources Code, is
amended to read as follows:
(b) Before the department may list a child-care provider's
home under this section, in addition to conducting the [any other]
background or criminal history check required under Section 42.056
[for a family home listing], the department must search the central
database of sex offender registration records maintained by the
Department of Public Safety under Chapter 62, Code of Criminal
Procedure, to determine whether the provider is listed in the
registry as a sex offender.
SECTION 2. Sections 42.056(a-2) and (a-4), Human Resources
Code, and Section 42.056(c), Human Resources Code, as amended by
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are
amended to read as follows:
(a-2) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a residential
child-care facility, listed or registered family home, group
day-care home, day-care center, before-school or after-school
program, or school-age program shall submit a complete set of
fingerprints of each person whose name is required to be submitted
by the director, owner, or operator under Subsection (a), unless
the person is only required to have the person's name submitted
based on criteria specified by Subsection (a)(7). This subsection
does not apply to a family home that is subject to regulation by the
department under Section 42.0523 [program that is exempt from the
licensing requirements of Section 42.041].
(a-4) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a facility or
listed or registered family home shall submit a complete set of
fingerprints of each person whose name is required to be submitted
by the director, owner, or operator under Subsection (a) if:
(1) the person resided in another state during the
five years preceding the date the person's name was required to be
submitted under Subsection (a); or
(2) the director, owner, or operator has reason to
suspect that the person has a criminal history in another state.
(c) The executive commissioner by rule shall require a
child-care facility, child-placing agency, or listed or registered
family home 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 3. This Act takes effect September 1, 2016.