1-1 By: Schechter, Hilderbran H.B. No. 847
1-2 (Senate Sponsor - Patterson)
1-3 (In the Senate - Received from the House April 26, 1993;
1-4 April 27, 1993, read first time and referred to Committee on Health
1-5 and Human Services; May 25, 1993, reported favorably by the
1-6 following vote: Yeas 7, Nays 0; May 25, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to access to criminal history information records by the
1-21 Department of Protective and Regulatory Services.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 22.006(a), Human Resources Code, is
1-24 amended to read as follows:
1-25 (a) Subject to the availability of funds appropriated by the
1-26 legislature, the <The> department is entitled to obtain criminal
1-27 history information records maintained by the Department of Public
1-28 Safety, the Federal Bureau of Investigation identification
1-29 division, or another law enforcement agency to investigate:
1-30 (1) owners and employees of, and applicants for
1-31 employment at, a child-care facility licensed, registered, or
1-32 certified or applying for a license, registration, or certification
1-33 under Chapter 42 of this code;
1-34 (2) residents of a registered family home, excluding
1-35 children in the home's care and the parents of the children;
1-36 (3) a person providing or applying to provide adoptive
1-37 or foster care for children in the care of the department and other
1-38 adults living with that person in the residence in which the child
1-39 will reside;
1-40 (4) a department employee who is engaged in the direct
1-41 delivery of protective services to children, elderly persons, or
1-42 persons with a disability on the date the department implements
1-43 this section;
1-44 (5) a person applying for a position with the
1-45 department, the duties of which include direct delivery of
1-46 protective services to children, elderly persons, or persons with a
1-47 disability;
1-48 (6) a volunteer or person applying as a volunteer with
1-49 a local affiliate in this state of Big Brothers/Big Sisters of
1-50 America or of a program known as "I Have a Dream/Houston";
1-51 (7) a person employed by a business entity which
1-52 provides in-home respite care of children with temporary illnesses;
1-53 (8) a person employed by a home health agency; <or>
1-54 (9) a volunteer or person applying as a volunteer with
1-55 an organization which provides court-appointed special advocates
1-56 for abused or neglected children;
1-57 (10) a person who is the subject of a report the
1-58 department receives alleging that the person has abused or
1-59 neglected a child, elderly persons, or persons with a disability,
1-60 provided that report has proven to have merit after investigation;
1-61 or
1-62 (11) a relative providing or applying to provide
1-63 in-home care for a child in the care of the department and other
1-64 adults living with that relative in the residence in which the
1-65 child will reside.
1-66 SECTION 2. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.
2-5 * * * * *
2-6 Austin,
2-7 Texas
2-8 May 25, 1993
2-9 Hon. Bob Bullock
2-10 President of the Senate
2-11 Sir:
2-12 We, your Committee on Health and Human Services to which was
2-13 referred H.B. No. 847, have had the same under consideration, and I
2-14 am instructed to report it back to the Senate with the
2-15 recommendation that it do pass and be printed.
2-16 Zaffirini,
2-17 Chair
2-18 * * * * *
2-19 WITNESSES
2-20 No witnesses appeared on H.B. No. 847.