S.B. No. 1061
AN ACT
relating to background and criminal history checks for operators
and employees of certain child-care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.159, Human Resources Code, is amended
by adding Subsections (b-1), (b-2), and (c-1) to read as follows:
(b-1) A person subject to the background and criminal
history check required by Subsection (a) or (b) shall submit to the
commission a complete set of fingerprints.
(b-2) The executive commissioner shall adopt rules to
implement this section. The rules adopted under this section:
(1) must require that the fingerprints submitted be in
a form and of a quality acceptable to the Department of Public
Safety and the Federal Bureau of Investigation for the purpose of
conducting a criminal history check;
(2) may require that the fingerprints be submitted
electronically through an applicant fingerprinting service center;
and
(3) may allow the commission to waive a fingerprint
submission required by this section if:
(A) the person for whom the submission is
required has:
(i) a fingerprint-based criminal history
check on file with the commission obtained under Section 411.114,
Government Code; or
(ii) a fingerprint-based criminal history
clearinghouse record, as provided by Section 411.0845, Government
Code, that is accessible to the commission through the Department
of Public Safety and obtained under Section 411.114, Government
Code; and
(B) the commission has an active subscription to
the Federal Bureau of Investigation's National Record of Arrest and
Prosecution Back Service for the person for whom the fingerprint
submission is required.
(c-1) For each person whose fingerprints are submitted
under Subsection (b-1), the department shall conduct a state and
Federal Bureau of Investigation criminal history check by:
(1) submitting the person's fingerprints, or causing
the fingerprints to be submitted electronically, 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 42.206, Human Resources Code, is amended
by amending Subsection (b) and adding Subsections (b-1) and (c-1)
to read as follows:
(b) In addition to the requirements of Subsection (a), a
shelter shall submit a complete set of fingerprints of each person
required to undergo a criminal history check under Subsection (a)
[if:
[(1) the person has lived outside the state at any time
during the previous five years; or
[(2) the shelter has reason to suspect that the person
has a criminal history in another state].
(b-1) The executive commissioner shall adopt rules to
implement this section. The rules adopted under this section:
(1) must require that the fingerprints submitted be in
a form and of a quality acceptable to the Department of Public
Safety and the Federal Bureau of Investigation for purposes of
conducting a criminal history check;
(2) may require that the fingerprints be submitted
electronically through an applicant fingerprinting service center;
and
(3) may allow the commission to waive a fingerprint
submission required by this section if:
(A) the person for whom the submission is
required has:
(i) a fingerprint-based criminal history
check on file with the commission obtained under Section 411.114,
Government Code; or
(ii) a fingerprint-based criminal history
clearinghouse record, as provided by Section 411.0845, Government
Code, that is accessible to the commission through the Department
of Public Safety and obtained under Section 411.114, Government
Code; and
(B) the commission has an active subscription to
the Federal Bureau of Investigation's National Record of Arrest and
Prosecution Back Service for the person for whom the fingerprint
submission is required.
(c-1) For each person whose fingerprints are submitted
under Subsection (b), the department shall conduct a state and
Federal Bureau of Investigation criminal history check by:
(1) submitting the person's fingerprints, or causing
the fingerprints to be submitted electronically, 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 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1061 passed the Senate on
April 23, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1061 passed the House on
May 26, 2021, by the following vote: Yeas 130, Nays 17, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor