| 1 | 1 | | S.B. No. 1469 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to requiring certain information before being employed by |
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| 6 | 6 | | a child-care facility. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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| 9 | 9 | | is amended by adding Section 42.0563 to read as follows: |
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| 10 | 10 | | Sec. 42.0563. PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant |
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| 11 | 11 | | for a position with a child-care facility must submit, using a form |
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| 12 | 12 | | adopted by the department, a pre-employment affidavit disclosing |
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| 13 | 13 | | whether the applicant has ever been charged with, adjudicated for, |
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| 14 | 14 | | or convicted of having an inappropriate relationship with a minor. |
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| 15 | 15 | | (b) An applicant who answers affirmatively concerning an |
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| 16 | 16 | | inappropriate relationship with a minor must disclose in the |
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| 17 | 17 | | affidavit all relevant facts pertaining to the charge, |
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| 18 | 18 | | adjudication, or conviction, including, for a charge, whether the |
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| 19 | 19 | | charge was determined to be true or false. |
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| 20 | 20 | | (c) An applicant is not precluded from being employed based |
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| 21 | 21 | | on a disclosed charge if the employing entity determines based on |
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| 22 | 22 | | the information disclosed in the affidavit that the charge was |
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| 23 | 23 | | false. |
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| 24 | 24 | | (d) A determination that an employee failed to disclose |
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| 25 | 25 | | information required to be disclosed by an applicant under this |
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| 26 | 26 | | section is grounds for termination of employment. |
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| 27 | 27 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 28 | 28 | | ______________________________ ______________________________ |
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| 29 | 29 | | President of the Senate Speaker of the House |
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| 30 | 30 | | I hereby certify that S.B. No. 1469 passed the Senate on |
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| 31 | 31 | | April 20, 2023, by the following vote: Yeas 31, Nays 0. |
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| 32 | 32 | | ______________________________ |
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| 33 | 33 | | Secretary of the Senate |
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| 34 | 34 | | I hereby certify that S.B. No. 1469 passed the House on |
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| 35 | 35 | | May 4, 2023, by the following vote: Yeas 144, Nays 1, one present |
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| 36 | 36 | | not voting. |
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| 37 | 37 | | ______________________________ |
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| 38 | 38 | | Chief Clerk of the House |
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| 39 | 39 | | Approved: |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Date |
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| 42 | 42 | | ______________________________ |
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| 43 | 43 | | Governor |
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