Amend HB 155 as follows:
(1) Strike Section 12 and substitute a new section to read
as follows:
SECTION 12. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.057 to read as follows:
Sec. 42.057. REQUIRED BACKGROUND AND CRIMINAL HISTORY
CHECKS. (a) In accordance with rules adopted by the department,
the director, owner, or operator of a child-care facility or family
home shall:
(1) when applying to operate a child-care facility or
when listing or registering a family home, submit to the department
for use in conducting background and criminal history checks:
(A) the name of the director, owner, and
operator of the facility or home and the name of each person
employed at the facility or home; and
(B) the name of each person 14 years of age or
older who will regularly or frequently be staying or working at the
facility or home while children are being provided care; and
(2) after receiving a license, listing, registration,
or certification of approval, submit to the department for use in
conducting background and criminal history checks the name of any
person not submitted to the department under Subdivision (1) who:
(A) becomes a director, owner, or operator of
the facility or home;
(B) is employed at the facility or home; or
(C) is 14 years of age or older and regularly or
frequently stays or works at the facility or home while children
are being provided care.
(b) The department shall conduct background and criminal
history checks using:
(1) the information provided under Subsection (a);
(2) the information made available by the Department
of Public Safety under Section 411.114, Government Code, or by the
Federal Bureau of Investigation or other criminal justice agency
under Section 411.087, Government Code; and
(3) the department's records of reported abuse and
neglect.
(c) The department by rule shall require a child-care
facility or registered family home to pay to the department a fee
in an amount not to exceed the administrative costs the department
incurs in conducting a background and criminal history check under
this section.
(2) Strike Section 13 and substitute a new section as
follows:
SECTION 13. Section 42.072, Human Resources Code, is amended
to read as follows:
Sec. 42.072. LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR
REVOCATION. (a) The department <division> may suspend, deny, <or>
revoke, or refuse to renew the license, listing, registration, or
certification of approval of a facility or family home that does
not comply with the requirements of this chapter, the standards and
rules of the department, or the specific terms of the license,
listing, registration, or certification. The department may revoke
the probation of a person whose license, listing, or registration
is suspended if the person violates a term of the conditions of
probation.
(b) If the department proposes to take an action under
Subsection (a), the person is entitled to a hearing conducted by
the State Office of Administrative Hearings. Proceedings for a
disciplinary action are governed by the administrative procedure
law, Chapter 2001, Government Code. Rules of practice adopted by
the board under Section 2001.004, Government Code, applicable to
the proceedings for a disciplinary action may not conflict with
rules adopted by the State Office of Administrative Hearings. <The
division shall notify the person operating or proposing to operate
a facility of the reasons for the denial or revocation and of the
person's right to appeal the decision within 30 days after
receiving the notice.>
(c) <A person who wishes to appeal a license denial or
revocation shall notify the director by certified mail within 30
days after receiving the notice required in Subsection (b) of this
section. The person shall send a copy of the notice of appeal to
the assigned division representative.>
<(d) The denial or revocation of a license or certification
and the appeal from that action are governed by the procedure for a
contested case hearing under Chapter 2001, Government Code.>
<(e) A person whose license has been denied or revoked may
challenge the decision by filing a suit in a district court of
Travis County or the county in which the person's facility is
located within 30 days after receiving the decision. The trial
shall be de novo.>
<(f) Records of the hearing shall be kept for two years
after a decision is rendered. On request, and at the person's own
expense, the division shall supply a copy of the verbatim
transcript of the hearing to a person appealing a license denial or
revocation in district court.>
<(g) A person may continue to operate a facility during an
appeal of a license denial or revocation unless the division has
obtained injunctive relief under Section 42.074 or civil penalties
under Section 42.075 or the facility has been closed under Section
42.073.>
<(h)> A person whose license, listing, registration, or
certification is revoked may not apply for any license, listing,
registration, or certification under this chapter before the second
anniversary of the date on which the revocation takes effect by
department or court order.
(d) The department by rule may provide for denial of an
application or renewal for a licensed facility or for listing or
registering a family home or may revoke a facility's license or a
family home's listing or registration based on findings of
background or criminal history as a result of a background or
criminal history check.
(3) Strike Section 14 and renumber remaining sections
appropriately.
(4) Strike Section 15 and substitute new section as follows:
SECTION 15. Section 42.073, Human Resources Code, is amended
by amending Subsections (a) and (b) to read as follows:
Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY
OR FAMILY HOME. (a) The department <division> shall suspend a
facility's license or a family home's listing or registration
and<,> order the immediate closing of the facility or family home
<, and place the children attending or residing in the facility
elsewhere> if:
(1) the department <division> finds the facility or
family home is operating in violation of the applicable standards
prescribed by this chapter; and
(2) the violation creates an immediate threat to the
health and safety of the children attending or residing in the
facility or family home.
(b) An order suspending a license, listing or registration
and an order closing a facility or family home under this section
is immediately effective on the date on which the <license> holder
of the license, listing or registration receives written notice or
on a later date specified in the order.