By Hilderbran H.B. No. 1662
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Department of Protective
1-3 and Regulatory Services; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 2, Human Resources Code, is
1-6 amended by adding Chapter 40 to read as follows:
1-7 CHAPTER 40. DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 40.001. DEFINITIONS. In this subtitle:
1-10 (1) "Board" means the Board of Protective and
1-11 Regulatory Services.
1-12 (2) "Commission" means the Health and Human Services
1-13 Commission.
1-14 (3) "Department" means the Department of Protective
1-15 and Regulatory Services.
1-16 (4) "Executive director" means the executive director
1-17 of the Department of Protective and Regulatory Services.
1-18 Sec. 40.002. DEPARTMENT OF PROTECTIVE AND REGULATORY
1-19 SERVICES; RESPONSIBILITY. (a) The Department of Protective and
1-20 Regulatory Services is composed of the board, the executive
1-21 director, an administrative staff, and other officers and employees
1-22 necessary to efficiently carry out the purposes of this chapter.
1-23 (b) The department is the state agency with primary
1-24 responsibility for:
2-1 (1) providing protective services for children and
2-2 elderly and disabled persons, including investigations of alleged
2-3 abuse, neglect, or exploitation in facilities of the Texas
2-4 Department of Mental Health and Mental Retardation as provided by
2-5 Chapter 48;
2-6 (2) providing family support and family preservation
2-7 services; and
2-8 (3) regulating child-care facilities and child-care
2-9 administrators.
2-10 (c) The department is the state agency designated to
2-11 cooperate with the federal government in the administration of
2-12 programs under:
2-13 (1) Parts B and E, Title IV, federal Social Security
2-14 Act (42 U.S.C. Sections 620 et seq. and 670 et seq.); and
2-15 (2) other federal law for which the department has
2-16 administrative responsibility.
2-17 (d) The department shall cooperate with the United States
2-18 Department of Health and Human Services and other federal and state
2-19 agencies in a reasonable manner and in conformity with the
2-20 provisions of federal law and this subtitle to the extent necessary
2-21 to qualify for federal assistance in the delivery of services.
2-22 (e) If the department determines that a provision of state
2-23 law governing the department conflicts with a provision of federal
2-24 law, the department may adopt policies and rules necessary to allow
2-25 the state to receive and spend federal matching funds to the
2-26 fullest extent possible in accordance with the federal statutes,
2-27 this subtitle, and the state constitution and within the limits of
3-1 appropriated funds.
3-2 Sec. 40.003. SUNSET PROVISION. The Department of Protective
3-3 and Regulatory Services is subject to Chapter 325, Government Code
3-4 (Texas Sunset Act). Unless continued in existence as provided by
3-5 that chapter, the department is abolished and this chapter expires
3-6 September 1, 1997.
3-7 Sec. 40.004. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
3-8 (a) The department shall develop and implement policies that
3-9 provide the public with a reasonable opportunity to appear before
3-10 the department and to speak on any issue under the jurisdiction of
3-11 the department.
3-12 (b) The department shall prepare information of public
3-13 interest describing the functions of the department and the
3-14 department's procedures by which complaints are filed with and
3-15 resolved by the department. The department shall make the
3-16 information available to the public and appropriate state agencies.
3-17 (c) The department by rule shall establish methods by which
3-18 the public, consumers, and service recipients can be notified of
3-19 the mailing addresses and telephone numbers of appropriate
3-20 departmental personnel for the purpose of directing complaints to
3-21 the department. The department may provide for that notification:
3-22 (1) on each registration form, application, or written
3-23 contract for services of a person regulated by the department;
3-24 (2) on a sign prominently displayed in the place of
3-25 business of each person regulated by the department; or
3-26 (3) in a bill for a service provided by a person
3-27 regulated by the department.
4-1 (d) The department shall keep an information file about each
4-2 complaint filed with the department relating to:
4-3 (1) a license holder or entity regulated by the
4-4 department; or
4-5 (2) a service delivered by the department.
4-6 (e) If a written complaint is filed with the department
4-7 relating to a license holder or entity regulated by the department
4-8 or a service delivered by the department, the department, at least
4-9 quarterly and until final disposition of the complaint, shall
4-10 notify the parties to the complaint of the status of the complaint
4-11 unless notice would jeopardize an undercover investigation.
4-12 Sec. 40.005. CONFIDENTIALITY OF INFORMATION. (a) The
4-13 department shall establish and enforce rules governing the custody,
4-14 use, and preservation of the department's records, papers, files,
4-15 and communications.
4-16 (b) The department shall prescribe safeguards to govern the
4-17 use or disclosure of information relating to a recipient of a
4-18 department service or to an investigation the department conducts
4-19 in performing its duties and responsibilities. The safeguards must
4-20 be consistent with the purposes of the department's programs and
4-21 must comply with applicable state and federal law and department
4-22 rules.
4-23 (c) Notwithstanding any other provision of law, the
4-24 department by rule may prescribe a process by which an
4-25 administrative law judge may disclose requested confidential
4-26 information that the department possesses. The rules must provide
4-27 that the information may be disclosed by the administrative law
5-1 judge only if the administrative law judge:
5-2 (1) provides notice to the department and any
5-3 interested party; and
5-4 (2) determines after an in camera review of the
5-5 information that disclosure is essential to the administration of
5-6 justice and will not endanger the life or safety of any individual.
5-7 (d) Except as otherwise provided, a person who is authorized
5-8 to receive confidential information shall maintain its
5-9 confidentiality and shall prevent disclosure of the information to
5-10 a person who is not authorized to receive the information.
5-11 (e) A person commits an offense if the person discloses
5-12 without authorization confidential information contained in the
5-13 department's records, papers, files, or communications. An offense
5-14 under this subsection is a Class A misdemeanor.
5-15 Sec. 40.006. APPLICATION OF OTHER LAWS. The department is
5-16 subject to Chapters 551, 2001, and 2002, Government Code.
5-17 (Sections 40.007-40.020 reserved for expansion
5-18 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
5-19 Sec. 40.021. BOARD OF PROTECTIVE AND REGULATORY SERVICES.
5-20 (a) The board is composed of six members appointed by the governor
5-21 with the advice and consent of the senate. The governor shall
5-22 annually designate one member to be the presiding officer.
5-23 (b) Four members of the board must have a demonstrated
5-24 interest in the services provided by the department, and two
5-25 members must represent the public.
5-26 (c) The board shall be appointed without regard to race,
5-27 color, disability, sex, religion, age, or national origin.
6-1 Sec. 40.022. RESTRICTIONS ON BOARD APPOINTMENT OR
6-2 MEMBERSHIP. (a) A person is not eligible for appointment as a
6-3 member of the board if the person or the person's spouse:
6-4 (1) is a person who is employed by or participates in
6-5 the management of a business entity or other organization regulated
6-6 by the department or receiving a substantial amount of money from
6-7 the department;
6-8 (2) owns or controls, directly or indirectly, more
6-9 than a 10 percent interest in a business entity or other
6-10 organization that is regulated by the department or that receives
6-11 money from the department;
6-12 (3) uses or receives a substantial amount of tangible
6-13 goods, services, or money from the department, other than
6-14 compensation or reimbursement authorized by law for expenses
6-15 incurred as a board member, or as a client or a parent or guardian
6-16 of a client receiving services from the department; or
6-17 (4) is an employee, officer, or paid consultant of a
6-18 trade association in a field under the jurisdiction of the
6-19 department.
6-20 (b) A person who is required to register as a lobbyist under
6-21 Chapter 305, Government Code, because of the person's activities
6-22 for compensation in or for a profession related to the operation of
6-23 the department may not serve as a member of the board.
6-24 Sec. 40.023. REMOVAL FROM BOARD. (a) It is a ground for
6-25 removal from the board if a member:
6-26 (1) does not have at the time of appointment a
6-27 qualification for appointment required by Section 40.021 or 40.022;
7-1 (2) does not maintain during the member's term a
7-2 qualification for appointment required by Section 40.021 or 40.022;
7-3 (3) violates a prohibition established by Section
7-4 40.022;
7-5 (4) is unable to discharge the member's duties for a
7-6 substantial part of the term for which the member was appointed
7-7 because of illness or disability; or
7-8 (5) is absent from more than half of the regularly
7-9 scheduled meetings of the board that the member is eligible to
7-10 attend during each calendar year or is absent from more than two
7-11 consecutive regularly scheduled meetings that the member is
7-12 eligible to attend, except when the absence is excused by a
7-13 majority vote of the board.
7-14 (b) The validity of an action of the board is not affected
7-15 by the fact that it is taken when a ground for removal of a board
7-16 member exists.
7-17 (c) If the presiding officer of the board has knowledge that
7-18 a potential ground for removal of a board member exists, the
7-19 presiding officer shall notify the governor and the executive
7-20 director. If the executive director has knowledge that a potential
7-21 ground for removal of a board member exists, the executive director
7-22 shall notify the presiding officer.
7-23 Sec. 40.024. BOARD TERMS. Members of the board serve
7-24 six-year terms, with the terms of two members expiring February 1
7-25 of each odd-numbered year.
7-26 Sec. 40.025. BOARD PER DIEM. While performing their duties,
7-27 board members are entitled to a per diem as prescribed by the
8-1 General Appropriations Act.
8-2 Sec. 40.026. BOARD MEETINGS; QUORUM. (a) The board shall
8-3 meet at least quarterly and at the call of the presiding officer.
8-4 (b) Four members of the board constitute a quorum.
8-5 Sec. 40.027. EXECUTIVE DIRECTOR. (a) The board shall
8-6 employ the executive director with the approval of the governor.
8-7 The executive director serves at the pleasure of the board.
8-8 (b) The executive director is the executive head of the
8-9 department. The executive director shall perform the duties
8-10 assigned by the board and state law.
8-11 Sec. 40.028. GENERAL DUTIES OF BOARD; DELEGATION. (a) The
8-12 board shall govern the department.
8-13 (b) The board shall:
8-14 (1) supervise the executive director's administration
8-15 and enforcement of the laws of this state that impose duties on the
8-16 department or board; and
8-17 (2) develop and implement policies that clearly
8-18 separate the respective responsibilities of the board and the staff
8-19 of the department.
8-20 (c) The board may delegate to the executive director, or to
8-21 the person acting as executive director in the executive director's
8-22 absence, any power or duty imposed on the board or department by
8-23 law, including the authority to make final orders or decisions,
8-24 except that the board may not delegate the power or duty to adopt
8-25 rules. The delegation of a power or duty must be in writing.
8-26 Sec. 40.029. RULES. The board shall propose and adopt rules
8-27 to:
9-1 (1) ensure the department's compliance with state and
9-2 federal law; and
9-3 (2) facilitate the implementation of departmental
9-4 programs.
9-5 Sec. 40.030. ADVISORY COMMITTEES. The board may appoint
9-6 advisory committees in accordance with Article 6252-33, Revised
9-7 Statutes.
9-8 Sec. 40.031. DIVISIONS OF DEPARTMENT. (a) The board may
9-9 establish divisions within the department as necessary for
9-10 efficient administration and for the discharge of the department's
9-11 functions.
9-12 (b) The board may allocate and reallocate functions,
9-13 programs, and activities among the department's divisions.
9-14 Sec. 40.032. PERSONNEL. (a) The executive director may
9-15 employ personnel necessary to administer the department's duties.
9-16 (b) The executive director or the executive director's
9-17 designated representative shall develop an intradepartmental career
9-18 ladder program, one part of which shall require the
9-19 intradepartmental posting of all non-entry-level positions
9-20 concurrently with any public posting.
9-21 (c) The executive director or the executive director's
9-22 designated representative shall develop a system of annual
9-23 performance evaluations based on measurable job tasks. All merit
9-24 pay for department employees must be based on the system
9-25 established under this subsection.
9-26 (d) The executive director shall provide to the department's
9-27 employees as often as is necessary information regarding their
10-1 qualifications under this chapter and their responsibilities under
10-2 applicable laws relating to standards of conduct for state
10-3 employees.
10-4 (e) The executive director or the executive director's
10-5 designated representative shall prepare and maintain a written
10-6 policy statement to ensure implementation of a program of equal
10-7 employment opportunity under which all personnel transactions are
10-8 made without regard to race, color, disability, sex, religion, age,
10-9 or national origin. The policy statement must include:
10-10 (1) personnel policies, including policies relating to
10-11 recruitment, evaluation, selection, appointment, training, and
10-12 promotion of personnel;
10-13 (2) a comprehensive analysis of the department's
10-14 workforce that meets federal and state guidelines;
10-15 (3) procedures by which a determination can be made of
10-16 significant underuse in the department's workforce of all persons
10-17 for whom federal or state guidelines encourage a more equitable
10-18 balance; and
10-19 (4) reasonable methods to appropriately address areas
10-20 of significant underuse in the department's workforce of all
10-21 persons for whom federal or state guidelines encourage a more
10-22 equitable balance.
10-23 (f) The policy statement required under Subsection (e) shall
10-24 be filed with the governor's office, cover an annual period, and be
10-25 updated at least annually. The governor's office shall develop a
10-26 biennial report to the legislature based on the information
10-27 submitted. The report may be made separately or as a part of other
11-1 biennial reports made to the legislature.
11-2 Sec. 40.033. MERIT SYSTEM. (a) The department may
11-3 establish a merit system for its employees.
11-4 (b) The merit system may be maintained in conjunction with
11-5 other state agencies that are required by federal law to operate
11-6 under a merit system.
11-7 Sec. 40.034. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
11-8 EMPLOYEES. (a) For one year after the date on which a former
11-9 officer or employee of the department terminates service or
11-10 employment with the department, the individual may not, directly or
11-11 indirectly, attempt or aid in the attempt to procure a contract
11-12 with the department that relates to a program or service in which
11-13 the individual was directly concerned or for which the individual
11-14 had administrative responsibility.
11-15 (b) This section does not apply to:
11-16 (1) a former employee who is compensated on the last
11-17 date of service or employment below the amount prescribed by the
11-18 General Appropriations Act for step 1, salary group 17, of the
11-19 position classification salary schedule, including a state employee
11-20 who is exempt from the state's position classification plan; or
11-21 (2) a former officer or employee who is employed by
11-22 another state agency or a community center.
11-23 (c) A former officer or employee of the department commits
11-24 an offense if the former officer or employee violates this section.
11-25 An offense under this section is a Class A misdemeanor.
11-26 (Sections 40.035-40.050 reserved for expansion
11-27 SUBCHAPTER C. GENERAL FUNCTIONS OF DEPARTMENT
12-1 Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department
12-2 shall develop a departmental strategic plan based on the goals and
12-3 priorities stated in the commission's coordinated strategic plan
12-4 for health and human services.
12-5 Sec. 40.052. DUTIES RELATING TO DELIVERY OF SERVICES. The
12-6 department shall:
12-7 (1) propose and implement service delivery standards
12-8 for departmental programs;
12-9 (2) provide training and technical assistance to
12-10 regional and local service providers;
12-11 (3) develop and implement systems for monitoring
12-12 departmental program performance and service delivery;
12-13 (4) promote innovative service delivery at the local
12-14 level; and
12-15 (5) cooperate and coordinate as appropriate with other
12-16 governmental entities in the delivery of services.
12-17 Sec. 40.053. DUTY TO PERFORM OTHER FUNCTIONS. The
12-18 department shall perform other functions as required by law.
12-19 Sec. 40.054. ACCESS TO CRIMINAL HISTORY. Subject to the
12-20 availability of funds appropriated by the legislature, the
12-21 department is entitled to obtain any criminal history information
12-22 from records maintained by:
12-23 (1) the Department of Public Safety, as prescribed by
12-24 Section 411.114, Government Code;
12-25 (2) another law enforcement agency in this state,
12-26 subject to the same procedures and limitations prescribed by
12-27 Section 411.114, Government Code, as applicable; or
13-1 (3) federal agencies, as provided by federal law.
13-2 Sec. 40.055. LEGISLATIVE APPROPRIATION REQUEST. The
13-3 department shall submit any legislative appropriation request to
13-4 the commission for comment and for incorporation into the
13-5 commission's consolidated health and human services budget
13-6 recommendation. The legislative appropriation request must comply
13-7 with state priorities and federal requirements.
13-8 Sec. 40.056. USE OF FUNDS. (a) Notwithstanding any other
13-9 provision of law, the department may extend the scope of its
13-10 programs to the extent necessary to ensure that federal matching
13-11 funds are available, if the department determines that the
13-12 extension of scope is feasible and within the limits of
13-13 appropriated funds.
13-14 (b) The department may accept, spend, and transfer federal
13-15 and state funds appropriated for programs authorized by federal
13-16 law. The department may accept, spend, and transfer funds received
13-17 from any source, including a county, municipality, or public or
13-18 private agency.
13-19 Sec. 40.057. GIFTS AND GRANTS. The department may accept a
13-20 gift or grant from a public or private source to perform any of the
13-21 department's powers or duties.
13-22 Sec. 40.058. CONTRACTS AND AGREEMENTS. (a) The department
13-23 may enter into contracts or agreements with any person, including a
13-24 federal, state, or other public or private agency, as necessary to
13-25 perform any of the department's powers or duties.
13-26 (b) An agreement made under this section is not subject to
13-27 Chapter 771, Government Code.
14-1 Sec. 40.059. FEES. The department may set and charge
14-2 appropriate fees in the administration and delivery of services.
14-3 Sec. 40.060. INDEMNIFICATION FOR LEGAL EXPENSES. If a
14-4 present or former employee of the department who is or was involved
14-5 in activities relating to the protection of children or elderly or
14-6 disabled persons is criminally prosecuted for conduct involving the
14-7 person's misfeasance or nonfeasance in the course and scope of the
14-8 person's employment and is found not guilty after a trial or appeal
14-9 or if the complaint or indictment is dismissed without a plea of
14-10 guilty or nolo contendere being entered, the department may
14-11 indemnify the person or the person's estate for the reasonable
14-12 attorney's fees incurred in defense of the prosecution up to a
14-13 maximum of $10,000.
14-14 Sec. 40.061. IMMUNITY. (a) A department employee or an
14-15 authorized department volunteer who performs a departmental duty or
14-16 responsibility is immune from civil or criminal liability for any
14-17 act or omission that relates to the duty or responsibility if the
14-18 person acted in good faith and in the course and scope of the
14-19 person's duties or responsibilities.
14-20 (b) In this section, "volunteer" means a person who:
14-21 (1) renders services for or on behalf of the
14-22 department under the supervision of a department employee; and
14-23 (2) does not receive compensation that exceeds the
14-24 authorized expenses the person incurs in rendering those services.
14-25 Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The
14-26 department is not required to pay any cost or fee otherwise imposed
14-27 for court proceedings, including a:
15-1 (1) filing fee or fee for issuance or service of
15-2 process imposed by Section 14.13, Family Code, or by Section
15-3 51.317, 51.318(b)(2), or 51.319, Government Code;
15-4 (2) transfer fee imposed by Section 11.06(l) or 14.13,
15-5 Family Code;
15-6 (3) court reporter fee imposed by Section 51.601,
15-7 Government Code;
15-8 (4) judicial fund fee imposed by Sections 51.701 and
15-9 51.702, Government Code;
15-10 (5) judge's fee imposed by Section 25.0008, 25.00263,
15-11 or 25.0029, Government Code; or
15-12 (6) cost or security fee imposed by Section 12 or 622,
15-13 Probate Code.
15-14 Sec. 40.063. EXCEPTIONS FROM CERTAIN PROVISIONS OF
15-15 ADMINISTRATIVE PROCEDURE ACT. Section 2001.038 and Subchapters C
15-16 through H, Chapter 2001, Government Code, do not apply to the
15-17 granting, payment, denial, or withdrawal of financial or medical
15-18 assistance or benefits under a service program of the department.
15-19 Sec. 40.064. INTERAGENCY COOPERATION AND EXCHANGE OF
15-20 INFORMATION. (a) The department may execute a memorandum of
15-21 understanding with another state agency to facilitate the
15-22 implementation of a program or the delivery of a service that the
15-23 department is required by law to implement or deliver.
15-24 (b) The department may establish procedures to exchange with
15-25 another state agency or governmental entity information that is
15-26 necessary for the department or the agency or entity to properly
15-27 execute its respective duties and responsibilities. An exchange of
16-1 information does not affect whether the information is subject to
16-2 disclosure under Chapter 552, Government Code.
16-3 Sec. 40.065. COMMUNICATIONS OFFICER; PLAN. (a) The
16-4 department shall designate a communications officer to be the
16-5 department employee with primary responsibility for communicating
16-6 with the public regarding the department's powers and duties. The
16-7 individual designated under this subsection shall:
16-8 (1) oversee the department's communications with
16-9 persons seeking to report abuse or neglect or inquiring about the
16-10 status of a case;
16-11 (2) encourage monitoring of cases under investigation
16-12 by the department; and
16-13 (3) oversee the department's effective and timely
16-14 response to questions from the public within the department's
16-15 confidentiality guidelines.
16-16 (b) The department shall develop and implement a
16-17 communication plan in each county to ensure public and government
16-18 awareness of abuse investigated by the department. The plan shall
16-19 include information detailing the procedure followed by the
16-20 department during the investigation and the responsibilities of the
16-21 department in child abuse cases. In implementing the plan, the
16-22 department shall establish a process for expediting the reporting
16-23 of abuse to the department. The department shall adopt rules to
16-24 implement this subsection.
16-25 SECTION 2. The heading of Title 2, Human Resources Code, is
16-26 amended to read as follows:
16-27 TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
17-1 PROTECTIVE AND REGULATORY SERVICES
17-2 SECTION 3. The heading of Subtitle B, Title 2, Human
17-3 Resources Code, is amended to read as follows:
17-4 SUBTITLE B. STRUCTURE AND FUNCTIONS
17-5 OF DEPARTMENT OF HUMAN SERVICES
17-6 SECTION 4. The headings of Chapters 21 and 22, Human
17-7 Resources Code, are amended to read as follows:
17-8 CHAPTER 21. ADMINISTRATIVE PROVISIONS FOR DEPARTMENT
17-9 OF HUMAN SERVICES
17-10 CHAPTER 22. GENERAL FUNCTIONS OF DEPARTMENT
17-11 OF HUMAN SERVICES
17-12 SECTION 5. Section 21.002, Human Resources Code, is amended
17-13 to read as follows:
17-14 Sec. 21.002. SUNSET PROVISION. The Texas Department of
17-15 Human Services is subject to Chapter 325, Government Code (Texas
17-16 Sunset Act). Unless continued in existence as provided by that
17-17 chapter, the department is abolished and this title expires
17-18 September 1, 1997 <1999>.
17-19 SECTION 6. Section 11.001, Human Resources Code, is amended
17-20 to read as follows:
17-21 Sec. 11.001. DEFINITIONS. Except as provided by Section
17-22 34.002 or 40.001, in <In> this title:
17-23 (1) "Board" means the Texas Board of Human Services.
17-24 (2) "Department" means the Texas Department of Human
17-25 Services.
17-26 (3) "Commissioner" means the Commissioner of Human
17-27 Services.
18-1 (4) "Assistance" means all forms of assistance and
18-2 services for needy persons authorized by Subtitle C <of this
18-3 title>.
18-4 (5) "Financial assistance" means money payments for
18-5 needy persons authorized by Chapter 31 <of this code>.
18-6 (6) "Medical assistance" means assistance for needy
18-7 persons authorized by Chapter 32 <of this code>.
18-8 SECTION 7. Section 411.114, Government Code, is amended to
18-9 read as follows:
18-10 Sec. 411.114. Access to Criminal History Record Information:
18-11 Department of Protective and Regulatory Services. (a)(1) In this
18-12 subsection the terms "child," "child-care facility," and "family
18-13 home" have the meanings assigned by Section 42.002, Human Resources
18-14 Code.
18-15 (2) The Department of Protective and Regulatory
18-16 Services is entitled to obtain from the department criminal history
18-17 record information maintained by the department that relates to a
18-18 person who is:
18-19 (A) an applicant for a license, registration, or
18-20 certification under Chapter 42, Human Resources Code;
18-21 (B) an owner or employee of or an applicant for
18-22 employment by a child-care facility licensed, registered, or
18-23 certified under that chapter;
18-24 (C) a resident of a registered family home, but
18-25 not a child in the home's care or a parent of the child;
18-26 (D) an applicant for a position with the
18-27 Department of Protective and Regulatory Services, the duties of
19-1 which include direct delivery of protective services to children,
19-2 elderly persons, or persons with a disability;
19-3 (E) a volunteer or applicant volunteer with a
19-4 local affiliate in this state of Big Brothers/Big Sisters of
19-5 America;
19-6 (F) a volunteer or applicant volunteer with the
19-7 "I Have a Dream/Houston" program;
19-8 (G) an employee of, an applicant for employment
19-9 with, or a volunteer or an applicant volunteer with a business
19-10 entity or person that contracts with the Department of Protective
19-11 and Regulatory Services to provide direct delivery of protective
19-12 services to children, elderly persons, or persons with a
19-13 disability, if the person's duties or responsibilities include
19-14 direct contact with children, elderly persons, or persons with a
19-15 disability <an employee of a business entity that provides in-home
19-16 respite care of children with temporary illnesses>;
19-17 (H) a volunteer or applicant volunteer with the
19-18 Department of Protective and Regulatory Services <an employee of a
19-19 home health agency>;
19-20 (I) a volunteer or applicant volunteer with an
19-21 organization that provides court-appointed special advocates for
19-22 abused or neglected children;
19-23 (J) a person providing or applying to provide
19-24 adoptive or foster care for children in the care of the Department
19-25 of Protective and Regulatory Services and other adults living with
19-26 that person in the residence in which the child will reside;
19-27 (K) a Department of Protective and Regulatory
20-1 Services employee who is engaged in the direct delivery of
20-2 protective services to children, elderly persons, or persons with a
20-3 disability <on the date the department implements this section>;
20-4 (L) a person who is the subject of a report the
20-5 department receives alleging that the person has abused or
20-6 neglected a child, an elderly person, or a person with a
20-7 disability, provided that report has proven to have merit <after
20-8 investigation>; <or>
20-9 (M) a relative providing or applying to provide
20-10 in-home care for a child in the care of the Department of
20-11 Protective and Regulatory Services and other adults living with
20-12 that relative in the residence in which the child will reside;
20-13 (N) a person providing child care for a child
20-14 who is in the care of the Department of Protective and Regulatory
20-15 Services and who is or will be receiving adoptive, foster, or
20-16 in-home care;
20-17 (O) a person providing, at the request of the
20-18 child's parent, in-home care for a child who is the subject of a
20-19 report alleging the child has been abused or neglected; or
20-20 (P) a volunteer or applicant volunteer with a
20-21 Texas chapter of the Make-a-Wish Foundation of America.
20-22 (3) The Department of Protective and Regulatory
20-23 Services may not use the authority granted under this section to
20-24 harass an employee or volunteer. The Board of Protective and
20-25 Regulatory Services shall adopt rules to prevent the harassment of
20-26 an employee or volunteer through the request and use of criminal
20-27 records <is entitled, under this subsection, only to criminal
21-1 history record information that relates to:>
21-2 <(A) an offense classified as an offense against
21-3 the person or the family;>
21-4 <(B) an offense classified as public indecency;
21-5 or>
21-6 <(C) a felony violation of a statute intended to
21-7 control the possession or distribution of a substance included in
21-8 Chapter 481, Health and Safety Code>.
21-9 (4) Criminal history record information obtained by
21-10 the Department of Protective and Regulatory Services under this
21-11 subsection may not be released to any person except:
21-12 (A) on court order;
21-13 (B) <,> with the consent of the person who is
21-14 the subject of the criminal history record information;
21-15 (C) for purposes of an administrative hearing
21-16 held by the Department of Protective and Regulatory Services
21-17 concerning the person who is the subject of the criminal history
21-18 record information; <,> or
21-19 (D) as provided by Subdivision (5).
21-20 (5) The Department of Protective and Regulatory
21-21 Services is not prohibited from releasing criminal history record
21-22 information obtained under this subsection to:
21-23 (A) the person who is the subject of the
21-24 criminal history record information;
21-25 (B) <or to> a child-care facility that employs
21-26 or is considering employing the person who is the subject of the
21-27 criminal history record information;
22-1 (C) a person or business entity described by
22-2 Subsection (a)(2)(G) who uses or intends to use the services of the
22-3 volunteer or employs or is considering employing the person who is
22-4 the subject of the criminal history record information; or
22-5 (D) an adult residing with a child and the
22-6 person who is the subject of the criminal history record
22-7 information, if the Department of Protective and Regulatory
22-8 Services determines that the release of information to the adult is
22-9 necessary to ensure the safety or welfare of the child or adult.
22-10 (b) The Department of Protective and Regulatory Services may
22-11 charge a nonprofit organization that requests criminal history
22-12 record information under Subsection (a)(2) a fee in an amount
22-13 necessary to cover the costs of obtaining the information on the
22-14 organization's behalf <(1) In this subsection, "facility" has the
22-15 meaning assigned by Section 106.001, Human Resources Code.>
22-16 <(2) The Department of Protective and Regulatory
22-17 Services, on behalf of the Texas Department of Health, is entitled
22-18 to obtain from the department criminal history record information
22-19 maintained by the department that relates to a person who is:>
22-20 <(A) an applicant for employment at a facility;
22-21 or>
22-22 <(B) an employee of a facility.>
22-23 <(3) The Department of Protective and Regulatory
22-24 Services is entitled to obtain, under this subsection, only
22-25 criminal history record information that relates to:>
22-26 <(A) an offense classified as an offense against
22-27 the person or the family;>
23-1 <(B) an offense classified as public indecency;>
23-2 <(C) a felony violation of a statute intended to
23-3 control the possession or distribution of a substance included in
23-4 Chapter 481, Health and Safety Code, or Section 485.033, Health and
23-5 Safety Code;>
23-6 <(D) a felony offense under Section 31.03, Penal
23-7 Code; or>
23-8 <(E) an offense under Section 29.02, 29.03, or
23-9 30.02, Penal Code.>
23-10 <(4) Criminal history record information obtained by
23-11 the Department of Protective and Regulatory Services under this
23-12 subsection may not be released to any person except on court order,
23-13 with the written consent of the person who is the subject of the
23-14 criminal history record information, or as provided by Subdivision
23-15 (5).>
23-16 <(5) The Department of Protective and Regulatory
23-17 Services is not prohibited from disclosing criminal history record
23-18 information obtained under this subsection to the Texas Department
23-19 of Health or to the facility for which the Department of Protective
23-20 and Regulatory Services requested the information>.
23-21 SECTION 8. Sections 22.006 and 22.0065, Human Resources
23-22 Code, are repealed.
23-23 SECTION 9. The following are repealed:
23-24 (1) Section 21.017, Human Resources Code; and
23-25 (2) Article 4413(503), Revised Statutes.
23-26 SECTION 10. In addition to the new changes in law made by
23-27 this Act relating to the powers and duties of the Department of
24-1 Protective and Regulatory Services, this Act conforms certain
24-2 provisions of the Human Resources Code relating to that subject to
24-3 codify Article 4413(503), Revised Statutes, and Section 1.17(b),
24-4 Chapter 15, Acts of the 72nd Legislature, 1st Called Session, 1991.
24-5 SECTION 11. This Act takes effect September 1, 1995.
24-6 SECTION 12. The importance of this legislation and the
24-7 crowded condition of the calendars in both houses create an
24-8 emergency and an imperative public necessity that the
24-9 constitutional rule requiring bills to be read on three several
24-10 days in each house be suspended, and this rule is hereby suspended.