| 1 | 1 | | 88R2426 MLH-F |
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| 2 | 2 | | By: Noble, Cook H.B. No. 3199 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring certain information before being employed by |
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| 8 | 8 | | a child-care facility. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 42.0563 to read as follows: |
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| 12 | 12 | | Sec. 42.0563. PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant |
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| 13 | 13 | | for a position with a child-care facility must submit, using a form |
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| 14 | 14 | | adopted by the department, a pre-employment affidavit disclosing |
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| 15 | 15 | | whether the applicant has ever been charged with, adjudicated for, |
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| 16 | 16 | | or convicted of having an inappropriate relationship with a minor. |
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| 17 | 17 | | (b) An applicant who answers affirmatively concerning an |
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| 18 | 18 | | inappropriate relationship with a minor must disclose in the |
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| 19 | 19 | | affidavit all relevant facts pertaining to the charge, |
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| 20 | 20 | | adjudication, or conviction, including, for a charge, whether the |
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| 21 | 21 | | charge was determined to be true or false. |
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| 22 | 22 | | (c) An applicant is not precluded from being employed based |
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| 23 | 23 | | on a disclosed charge if the employing entity determines based on |
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| 24 | 24 | | the information disclosed in the affidavit that the charge was |
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| 25 | 25 | | false. |
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| 26 | 26 | | (d) A determination that an employee failed to disclose |
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| 27 | 27 | | information required to be disclosed by an applicant under this |
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| 28 | 28 | | section is grounds for termination of employment. |
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| 29 | 29 | | SECTION 2. This Act takes effect September 1, 2023. |
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