1-1 AN ACT
1-2 relating to regulation by the Department of Protective and
1-3 Regulatory Services of certain child-care facilities, family homes,
1-4 and child-placing agencies.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 42.042(m), Human Resources Code, is
1-7 amended to read as follows:
1-8 (m) In determining minimum standards relating to
1-9 staff-to-child ratios, group sizes, or square footage requirements
1-10 applicable to [for] nonresidential child-care facilities that
1-11 provide care for less than 24 hours a day, the department shall,
1-12 within available appropriations, conduct a comprehensive
1-13 cost-benefit analysis and economic impact study that includes
1-14 families and licensed child-care providers.
1-15 SECTION 2. Section 42.045(c), Human Resources Code, is
1-16 amended to read as follows:
1-17 (c) If a child-placing agency terminates operation as a
1-18 child-placing agency, it shall, after giving notice to the
1-19 department, transfer its files and records concerning adopted
1-20 children, their biological families, and their adoptive families to
1-21 the Bureau of Vital Statistics [department] or, after giving notice
1-22 to the Bureau of Vital Statistics, to a facility licensed by the
1-23 department to place children for adoption.
1-24 SECTION 3. Section 42.059(a), Human Resources Code, is
2-1 amended to read as follows:
2-2 (a) An applicant for temporary or permanent employment with
2-3 a licensed facility or registered family home whose employment or
2-4 potential employment with the facility or home involves direct
2-5 interactions with or the opportunity to interact and associate with
2-6 children must execute and submit the following affidavit with the
2-7 application for employment:
2-8 STATE OF _____________
2-9 COUNTY OF ____________
2-10 I swear or affirm under penalty of perjury that I do not now
2-11 and I have not at any time, either as an adult or as a juvenile:
2-12 1. Been convicted of;
2-13 2. Pleaded guilty to (whether or not resulting in a
2-14 conviction);
2-15 3. Pleaded nolo contendere or no contest to;
2-16 4. Admitted;
2-17 5. Had any judgment or order rendered against me (whether by
2-18 default or otherwise);
2-19 6. Entered into any settlement of an action or claim of;
2-20 7. Had any license, certification, employment, or volunteer
2-21 position suspended, revoked, terminated, or adversely affected
2-22 because of;
2-23 8. [Been diagnosed as having or have been treated for any
2-24 mental or emotional condition arising from;]
2-25 [9.] Resigned under threat of termination of employment or
2-26 volunteerism for;
2-27 9. [10.] Had a report of child abuse or neglect made and
3-1 substantiated against me for; or
3-2 10. [11.] Have any pending criminal charges against me in
3-3 this or any other jurisdiction for;
3-4 Any conduct, matter, or thing (irrespective of formal name
3-5 thereof) constituting or involving (whether under criminal or civil
3-6 law of any jurisdiction):
3-7 1. Any felony;
3-8 2. Rape or other sexual assault;
3-9 3. Physical, sexual, emotional abuse and/or neglect of a
3-10 minor;
3-11 4. Incest;
3-12 5. Exploitation, including sexual, of a minor;
3-13 6. Sexual misconduct with a minor;
3-14 7. Molestation of a child;
3-15 8. Lewdness or indecent exposure;
3-16 9. Lewd and lascivious behavior;
3-17 10. Obscene or pornographic literature, photographs, or
3-18 videos;
3-19 11. Assault, battery, or any violent offense involving a
3-20 minor;
3-21 12. Endangerment of a child;
3-22 13. Any misdemeanor or other offense classification
3-23 involving a minor or to which a minor was a witness;
3-24 14. Unfitness as a parent or custodian;
3-25 15. Removing children from a state or concealing children in
3-26 violation of a court order;
3-27 16. Restrictions or limitations on contact or visitation
4-1 with children or minors resulting from a court order protecting a
4-2 child or minor from abuse, neglect, or exploitation; or
4-3 17. Any type of child abduction[; or,]
4-4 [18. Similar or related conduct, matters, or things].
4-5 Except the following (list all incidents, location,
4-6 description, and date) (if none, write NONE)
4-7 Signed ________________________
4-8 Date _______________.
4-9 Subscribed and sworn to (or affirmed) before me this ________ day
4-10 of ________________,____________.
4-11 Signature of notarial officer ____________________________________.
4-12 (seal, if any, of notarial officer)
4-13 My commission expires: ____________
4-14 SECTION 4. Section 42.078(e), Human Resources Code, is
4-15 amended to read as follows:
4-16 (e) If the executive director determines that a violation
4-17 has occurred, the executive director may issue a recommendation on
4-18 the imposition of a penalty, including a recommendation on the
4-19 amount of the penalty.
4-20 SECTION 5. This Act takes effect September 1, 1999.
4-21 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3741 was passed by the House on May
4, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3741 on May 26, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3741 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor