Texas House Bill HB3199

Texas 2023 - 88th Regular

• Filed: 3/2/23
• Out of House Committee: 4/14/23

Caption

Relating to requiring certain information before being employed by a child-care facility.

Impact

The implementation of HB 3199 will have significant implications for state laws related to the hiring process in childcare facilities. By mandating the disclosure of any relevant past charges or convictions, the bill provides childcare directors with a critical tool to screen applicants, thereby potentially preventing individuals with problematic histories from gaining access to vulnerable children. It empowers employers to make informed hiring decisions based on the disclosed information, enhancing child safety within these facilities.

Summary

House Bill 3199, introduced by Representative Noble, aims to enhance the safety of children in childcare facilities by requiring candidates for employment to submit a pre-employment affidavit. This affidavit must disclose if the applicant has ever been charged, adjudicated, or convicted of having an inappropriate relationship with a minor. This bill extends an existing requirement imposed on public and private schools under House Bill 3, enacted in 2019, thereby advocating for similar protective measures within the childcare sector.

Sentiment

The sentiment surrounding HB 3199 has been largely supportive, particularly from lawmakers advocating for child safety initiatives. Proponents view the bill as a necessary step in safeguarding children and making it more difficult for individuals with inappropriate conduct towards minors to obtain employment in childcare roles. However, concerns may arise regarding how these disclosures are interpreted and the implications for applicants who may have faced false allegations in the past.

Contention

Despite the overall support, there may be points of contention concerning the fairness and accuracy of the disclosure requirements. Critics could argue that individuals who were falsely accused or charged but not convicted should not be penalized in the hiring process, and thus the bill’s terms must be carefully defined to ensure a balance between protecting children and offering fair employment opportunities. Additionally, the potential impact on the workforce within childcare facilities must be considered, ensuring that qualified individuals are not unjustly barred from employment.

Texas Constitutional Statutes Affected

Human Resources Code

• Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
  • Section: 0563
  • Section: 0563