By Hirschi H.B. No. 2451
75R8717 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Department of Protective and
1-3 Regulatory Services to obtain certain criminal history record
1-4 information 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, an applicant for employment
2-5 with, or a volunteer or an applicant volunteer with a business
2-6 entity or person that contracts with the Department of Protective
2-7 and Regulatory Services to provide direct delivery of protective
2-8 services to children, elderly persons, or persons with a
2-9 disability, if the person's duties or responsibilities include
2-10 direct contact with children, elderly persons, or persons with a
2-11 disability;
2-12 (H) a volunteer or applicant volunteer with the
2-13 Department of Protective and Regulatory Services;
2-14 (I) a volunteer or applicant volunteer with an
2-15 organization that provides court-appointed special advocates for
2-16 abused or neglected children;
2-17 (J) a person providing or applying to provide
2-18 adoptive or foster care for children in the care of the Department
2-19 of Protective and Regulatory Services and other adults living with
2-20 that person in the residence in which the child will reside;
2-21 (K) a Department of Protective and Regulatory
2-22 Services employee who is engaged in the direct delivery of
2-23 protective services to children, elderly persons, or persons with a
2-24 disability;
2-25 (L) a person who is the subject of a report the
2-26 department receives alleging that the person has abused or
2-27 neglected a child, an elderly person, or a person with a
3-1 disability, provided that report has proven to have merit;
3-2 (M) a relative providing or applying to provide
3-3 in-home care for a child in the care of the Department of
3-4 Protective and Regulatory Services and other adults living with
3-5 that relative in the residence in which the child will reside;
3-6 (N) a person providing child care for a child
3-7 who is in the care of the Department of Protective and Regulatory
3-8 Services and who is or will be receiving adoptive, foster, or
3-9 in-home care;
3-10 (O) a person providing, at the request of the
3-11 child's parent, in-home care for a child who is the subject of a
3-12 report alleging the child has been abused or neglected; [or]
3-13 (P) a volunteer or applicant volunteer with a
3-14 Texas chapter of the Make-a-Wish Foundation of America; or
3-15 (Q) a volunteer or applicant volunteer with a
3-16 nonprofit management center.
3-17 SECTION 2. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.
3-24 COMMITTEE AMENDMENT NO. 1
3-25 On page 3, strike lines 15-16 and substitute the following:
3-26 (Q) through a contract with a Non-Profit
3-27 Management Center, an employee of, an applicant for employment
4-1 with, or a volunteer or an applicant volunteer with a non-profit,
4-2 tax-exempt organization which provides any service that involves
4-3 the care of or access to children, elderly persons, or persons with
4-4 a disability;
4-5 Hilderbran