Texas 2021 - 87th Regular

Texas Senate Bill SB1061 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1061
	1	+	By: Zaffirini S.B. No. 1061
	2	+	(Klick)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to background and criminal history checks for operators
6	8		and employees of certain child-care facilities.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 42.159, Human Resources Code, is amended
9	11		by adding Subsections (b-1), (b-2), and (c-1) to read as follows:
10	12		(b-1) A person subject to the background and criminal
11	13		history check required by Subsection (a) or (b) shall submit to the
12	14		commission a complete set of fingerprints.
13	15		(b-2) The executive commissioner shall adopt rules to
14	16		implement this section. The rules adopted under this section:
15	17		(1) must require that the fingerprints submitted be in
16	18		a form and of a quality acceptable to the Department of Public
17	19		Safety and the Federal Bureau of Investigation for the purpose of
18	20		conducting a criminal history check;
19	21		(2) may require that the fingerprints be submitted
20	22		electronically through an applicant fingerprinting service center;
21	23		and
22	24		(3) may allow the commission to waive a fingerprint
23	25		submission required by this section if:
24	26		(A) the person for whom the submission is
25	27		required has:
26	28		(i) a fingerprint-based criminal history
27	29		check on file with the commission obtained under Section 411.114,
28	30		Government Code; or
29	31		(ii) a fingerprint-based criminal history
30	32		clearinghouse record, as provided by Section 411.0845, Government
31	33		Code, that is accessible to the commission through the Department
32	34		of Public Safety and obtained under Section 411.114, Government
33	35		Code; and
34	36		(B) the commission has an active subscription to
35	37		the Federal Bureau of Investigation's National Record of Arrest and
36	38		Prosecution Back Service for the person for whom the fingerprint
37	39		submission is required.
38	40		(c-1) For each person whose fingerprints are submitted
39	41		under Subsection (b-1), the department shall conduct a state and
40	42		Federal Bureau of Investigation criminal history check by:
41	43		(1) submitting the person's fingerprints, or causing
42	44		the fingerprints to be submitted electronically, to the Department
43	45		of Public Safety for the purpose of conducting a state and federal
44	46		criminal history check; and
45	47		(2) using the resulting information made available by
46	48		that department under Section 411.114, Government Code, and by the
47	49		Federal Bureau of Investigation and any other criminal justice
48	50		agency under Section 411.087, Government Code.
49	51		SECTION 2. Section 42.206, Human Resources Code, is amended
50	52		by amending Subsection (b) and adding Subsections (b-1) and (c-1)
51	53		to read as follows:
52	54		(b) In addition to the requirements of Subsection (a), a
53	55		shelter shall submit a complete set of fingerprints of each person
54	56		required to undergo a criminal history check under Subsection (a)
55	57		[if:
56	58		[(1) the person has lived outside the state at any time
57	59		during the previous five years; or
58	60		[(2) the shelter has reason to suspect that the person
59	61		has a criminal history in another state].
60	62		(b-1) The executive commissioner shall adopt rules to
61	63		implement this section. The rules adopted under this section:
62	64		(1) must require that the fingerprints submitted be in
63	65		a form and of a quality acceptable to the Department of Public
64	66		Safety and the Federal Bureau of Investigation for purposes of
65	67		conducting a criminal history check;
66	68		(2) may require that the fingerprints be submitted
67	69		electronically through an applicant fingerprinting service center;
68	70		and
69	71		(3) may allow the commission to waive a fingerprint
70	72		submission required by this section if:
71	73		(A) the person for whom the submission is
72	74		required has:
73	75		(i) a fingerprint-based criminal history
74	76		check on file with the commission obtained under Section 411.114,
75	77		Government Code; or
76	78		(ii) a fingerprint-based criminal history
77	79		clearinghouse record, as provided by Section 411.0845, Government
78	80		Code, that is accessible to the commission through the Department
79	81		of Public Safety and obtained under Section 411.114, Government
80	82		Code; and
81	83		(B) the commission has an active subscription to
82	84		the Federal Bureau of Investigation's National Record of Arrest and
83	85		Prosecution Back Service for the person for whom the fingerprint
84	86		submission is required.
85	87		(c-1) For each person whose fingerprints are submitted
86	88		under Subsection (b), the department shall conduct a state and
87	89		Federal Bureau of Investigation criminal history check by:
88	90		(1) submitting the person's fingerprints, or causing
89	91		the fingerprints to be submitted electronically, to the Department
90	92		of Public Safety for the purpose of conducting a state and federal
91	93		criminal history check; and
92	94		(2) using the resulting information made available by
93	95		that department under Section 411.114, Government Code, and by the
94	96		Federal Bureau of Investigation and any other criminal justice
95	97		agency under Section 411.087, Government Code.
96	98		SECTION 3. This Act takes effect September 1, 2021.
97		-	______________________________ ______________________________
98		-	President of the Senate Speaker of the House
99		-	I hereby certify that S.B. No. 1061 passed the Senate on
100		-	April 23, 2021, by the following vote: Yeas 30, Nays 1.
101		-	______________________________
102		-	Secretary of the Senate
103		-	I hereby certify that S.B. No. 1061 passed the House on
104		-	May 26, 2021, by the following vote: Yeas 130, Nays 17, two
105		-	present not voting.
106		-	______________________________
107		-	Chief Clerk of the House
108		-	Approved:
109		-	______________________________
110		-	Date
111		-	______________________________
112		-	Governor