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.