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