By Ogden H.B. No. 2813
74R6512 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to access to criminal history record information by the
1-3 Department of Protective and Regulatory Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 411.114(a)(2), Government Code, is
1-6 amended to read as follows:
1-7 (2) The Department of Protective and Regulatory
1-8 Services is entitled to obtain from the department criminal history
1-9 record information maintained by the department that relates to a
1-10 person who is:
1-11 (A) an applicant for a license, registration, or
1-12 certification under Chapter 42, Human Resources Code;
1-13 (B) an owner or employee of or an applicant for
1-14 employment by a child-care facility licensed, registered, or
1-15 certified under that chapter;
1-16 (C) a resident of a registered family home, but
1-17 not a child in the home's care or a parent of the child;
1-18 (D) an applicant for a position with the
1-19 Department of Protective and Regulatory Services, the duties of
1-20 which include direct delivery of protective services to children,
1-21 elderly persons, or persons with a disability;
1-22 (E) a volunteer or applicant volunteer with a
1-23 local affiliate in this state of Big Brothers/Big Sisters of
1-24 America;
2-1 (F) a volunteer or applicant volunteer with the
2-2 "I Have a Dream/Houston" program;
2-3 (G) an employee of a business entity that
2-4 provides in-home respite care of children with temporary illnesses;
2-5 (H) an employee of a home health agency;
2-6 (I) a volunteer or applicant volunteer with an
2-7 organization that provides court-appointed special advocates for
2-8 abused or neglected children;
2-9 (J) a person providing or applying to provide
2-10 adoptive or foster care for children in the care of the Department
2-11 of Protective and Regulatory Services and other adults living with
2-12 that person in the residence in which the child will reside;
2-13 (K) a Department of Protective and Regulatory
2-14 Services employee who is engaged in the direct delivery of
2-15 protective services to children, elderly persons, or persons with a
2-16 disability on the date the department implements this section;
2-17 (L) a person who is the subject of a report the
2-18 department receives alleging that the person has abused or
2-19 neglected a child, an elderly person, or a person with a
2-20 disability, provided that report has proven to have merit after
2-21 investigation; <or>
2-22 (M) a relative providing or applying to provide
2-23 in-home care for a child in the care of the Department of
2-24 Protective and Regulatory Services and other adults living with
2-25 that relative in the residence in which the child will reside; or
2-26 (N) a volunteer or applicant volunteer with a
2-27 Texas chapter of the Make-A-Wish Foundation of America.
3-1 SECTION 2. This Act takes effect September 1, 1995.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.