By West H.B. No. 1075
74R4406 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain nonprofit charitable
1-3 organizations to obtain certain criminal history record information
1-4 from the Department of Public Safety.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 411.114(a)(2), Government Code, is
1-7 amended to read as follows:
1-8 (2) The Department of Protective and Regulatory
1-9 Services is entitled to obtain from the department criminal history
1-10 record information maintained by the department that relates to a
1-11 person who is:
1-12 (A) an applicant for a license, registration, or
1-13 certification under Chapter 42, Human Resources Code;
1-14 (B) an owner or employee of or an applicant for
1-15 employment by a child-care facility licensed, registered, or
1-16 certified under that chapter;
1-17 (C) a resident of a registered family home, but
1-18 not a child in the home's care or a parent of the child;
1-19 (D) an applicant for a position with the
1-20 Department of Protective and Regulatory Services, the duties of
1-21 which include direct delivery of protective services to children,
1-22 elderly persons, or persons with a disability;
1-23 (E) a volunteer or applicant volunteer with a
1-24 local affiliate in this state of Big Brothers/Big Sisters of
2-1 America;
2-2 (F) a volunteer or applicant volunteer with the
2-3 "I Have a Dream/Houston" program;
2-4 (G) an employee of a business entity that
2-5 provides in-home respite care of children with temporary illnesses;
2-6 (H) an employee of a home health agency;
2-7 (I) a volunteer or applicant volunteer with an
2-8 organization that provides court-appointed special advocates for
2-9 abused or neglected children;
2-10 (J) a person providing or applying to provide
2-11 adoptive or foster care for children in the care of the Department
2-12 of Protective and Regulatory Services and other adults living with
2-13 that person in the residence in which the child will reside;
2-14 (K) a Department of Protective and Regulatory
2-15 Services employee who is engaged in the direct delivery of
2-16 protective services to children, elderly persons, or persons with a
2-17 disability on the date the department implements this section;
2-18 (L) a person who is the subject of a report the
2-19 department receives alleging that the person has abused or
2-20 neglected a child, an elderly person, or a person with a
2-21 disability, provided that report has proven to have merit after
2-22 investigation; <or>
2-23 (M) a relative providing or applying to provide
2-24 in-home care for a child in the care of the Department of
2-25 Protective and Regulatory Services and other adults living with
2-26 that relative in the residence in which the child will reside; or
2-27 (N) a volunteer or applicant volunteer with a
3-1 Texas chapter of a nonprofit charitable organization established to
3-2 grant the wishes of children who are terminally ill and that
3-3 provides assistance and coordination to other organizations
3-4 established to grant the wishes of such children.
3-5 SECTION 2. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.