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.