Texas 2021 - 87th Regular

Texas Senate Bill SB1153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6740 MLH-D
2	2	By: Kolkhorst S.B. No. 1153
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to background and criminal history checks for operators
8	8	and employees of certain child-care facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.159, Human Resources Code, is amended
11	11	by adding Subsections (b-1), (b-2), and (c-1) to read as follows:
12	12	(b-1) A person subject to the background and criminal
13	13	history check required by Subsection (a) or (b) shall submit to the
14	14	commission a complete set of fingerprints.
15	15	(b-2) The executive commissioner shall adopt rules to
16	16	implement this section. The rules adopted under this section:
17	17	(1) must require that the fingerprints submitted be in
18	18	a form and of a quality acceptable to the Department of Public
19	19	Safety and the Federal Bureau of Investigation for the purpose of
20	20	conducting a criminal history check;
21	21	(2) may require that the fingerprints be submitted
22	22	electronically through an applicant fingerprinting service center;
23	23	and
24	24	(3) may allow the commission to waive a fingerprint
25	25	submission required by this section if:
26	26	(A) the person for whom the submission is
27	27	required has:
28	28	(i) a fingerprint-based criminal history
29	29	check on file with the commission; or
30	30	(ii) a fingerprint-based criminal history
31	31	clearinghouse record, as provided by Section 411.0845, Government
32	32	Code, that is accessible to the commission through the Department
33	33	of Public Safety; and
34	34	(B) the commission has an active subscription to
35	35	the Federal Bureau of Investigation's National Record of Arrest and
36	36	Prosecution Back Service for the person for whom the fingerprint
37	37	submission is required.
38	38	(c-1) For each person whose fingerprints are submitted
39	39	under Subsection (b-1), the department shall conduct a state and
40	40	Federal Bureau of Investigation criminal history check by:
41	41	(1) submitting the person's fingerprints, or causing
42	42	the fingerprints to be submitted electronically, to the Department
43	43	of Public Safety for the purpose of conducting a state and federal
44	44	criminal history check; and
45	45	(2) using the resulting information made available by
46	46	that department under Section 411.114, Government Code, and by the
47	47	Federal Bureau of Investigation and any other criminal justice
48	48	agency under Section 411.087, Government Code.
49	49	SECTION 2. Section 42.206, Human Resources Code, is amended
50	50	by amending Subsection (b) and adding Subsections (b-1) and (c-1)
51	51	to read as follows:
52	52	(b) In addition to the requirements of Subsection (a), a
53	53	shelter shall submit a complete set of fingerprints of each person
54	54	required to undergo a criminal history check under Subsection (a)
55	55	[if:
56	56	[(1) the person has lived outside the state at any time
57	57	during the previous five years; or
58	58	[(2) the shelter has reason to suspect that the person
59	59	has a criminal history in another state].
60	60	(b-1) The executive commissioner shall adopt rules to
61	61	implement this section. The rules adopted under this section:
62	62	(1) must require that the fingerprints submitted be in
63	63	a form and of a quality acceptable to the Department of Public
64	64	Safety and the Federal Bureau of Investigation for purposes of
65	65	conducting a criminal history check;
66	66	(2) may require that the fingerprints be submitted
67	67	electronically through an applicant fingerprinting service center;
68	68	and
69	69	(3) may allow the commission to waive a fingerprint
70	70	submission required by this section if:
71	71	(A) the person for whom the submission is
72	72	required has:
73	73	(i) a fingerprint-based criminal history
74	74	check on file with the commission; or
75	75	(ii) a fingerprint-based criminal history
76	76	clearinghouse record, as provided by Section 411.0845, Government
77	77	Code, that is accessible to the commission through the Department
78	78	of Public Safety; and
79	79	(B) the commission has an active subscription to
80	80	the Federal Bureau of Investigation's National Record of Arrest and
81	81	Prosecution Back Service for the person for whom the fingerprint
82	82	submission is required.
83	83	(c-1) For each person whose fingerprints are submitted
84	84	under Subsection (b), the department shall conduct a state and
85	85	Federal Bureau of Investigation criminal history check by:
86	86	(1) submitting the person's fingerprints, or causing
87	87	the fingerprints to be submitted electronically, to the Department
88	88	of Public Safety for the purpose of conducting a state and federal
89	89	criminal history check; and
90	90	(2) using the resulting information made available by
91	91	that department under Section 411.114, Government Code, and by the
92	92	Federal Bureau of Investigation and any other criminal justice
93	93	agency under Section 411.087, Government Code.
94	94	SECTION 3. This Act takes effect September 1, 2021.