1-1 By: Greenberg (Senate Sponsor - Zaffirini) H.B. No. 3741
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on Human
1-4 Services; May 13, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 4, Nays 0; May 13, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Zaffirini
1-7 Amend H.B. No. 3741 by adding the following appropriately
1-8 numbered SECTION to the bill to read as follows and by renumbering
1-9 subsequent SECTIONS of the bill accordingly:
1-10 SECTION ____. Section 42.059(a), Human Resources Code, is
1-11 amended to read as follows:
1-12 (a) An applicant for temporary or permanent employment with
1-13 a licensed facility or registered family home whose employment or
1-14 potential employment with the facility or home involves direct
1-15 interactions with or the opportunity to interact and associate with
1-16 children must execute and submit the following affidavit with the
1-17 application for employment:
1-18 STATE OF _____________
1-19 COUNTY OF ____________
1-20 I swear or affirm under penalty of perjury that I do not now
1-21 and I have not at any time, either as an adult or as a juvenile:
1-22 1. Been convicted of;
1-23 2. Pleaded guilty to (whether or not resulting in a
1-24 conviction);
1-25 3. Pleaded nolo contendere or no contest to;
1-26 4. Admitted;
1-27 5. Had any judgment or order rendered against me (whether by
1-28 default or otherwise);
1-29 6. Entered into any settlement of an action or claim of;
1-30 7. Had any license, certification, employment, or volunteer
1-31 position suspended, revoked, terminated, or adversely affected
1-32 because of;
1-33 8. [Been diagnosed as having or have been treated for any
1-34 mental or emotional condition arising from;]
1-35 [9.] Resigned under threat of termination of employment or
1-36 volunteerism for;
1-37 9. [10.] Had a report of child abuse or neglect made and
1-38 substantiated against me for; or
1-39 10. [11.] Have any pending criminal charges against me in
1-40 this or any other jurisdiction for;
1-41 Any conduct, matter, or thing (irrespective of formal name
1-42 thereof) constituting or involving (whether under criminal or civil
1-43 law of any jurisdiction):
1-44 1. Any felony;
1-45 2. Rape or other sexual assault;
1-46 3. Physical, sexual, emotional abuse and/or neglect of a
1-47 minor;
1-48 4. Incest;
1-49 5. Exploitation, including sexual, of a minor;
1-50 6. Sexual misconduct with a minor;
1-51 7. Molestation of a child;
1-52 8. Lewdness or indecent exposure;
1-53 9. Lewd and lascivious behavior;
1-54 10. Obscene or pornographic literature, photographs, or
1-55 videos;
1-56 11. Assault, battery, or any violent offense involving a
1-57 minor;
1-58 12. Endangerment of a child;
1-59 13. Any misdemeanor or other offense classification
1-60 involving a minor or to which a minor was a witness;
1-61 14. Unfitness as a parent or custodian;
1-62 15. Removing children from a state or concealing children in
1-63 violation of a court order;
1-64 16. Restrictions or limitations on contact or visitation
1-65 with children or minors resulting from a court order protecting a
2-1 child or minor from abuse, neglect, or exploitation; or
2-2 17. Any type of child abduction[; or,]
2-3 [18. Similar or related conduct, matters, or things].
2-4 Except the following (list all incidents, location,
2-5 description, and date) (if none, write NONE)
2-6 Signed ________________________
2-7 Date _______________.
2-8 Subscribed and sworn to (or affirmed) before me this ________ day
2-9 of ________________,____________.
2-10 Signature of notarial officer ____________________________________.
2-11 (seal, if any, of notarial officer)
2-12 My commission expires: ____________
2-13 A BILL TO BE ENTITLED
2-14 AN ACT
2-15 relating to regulation by the Department of Protective and
2-16 Regulatory Services of certain child-care facilities, family homes,
2-17 and child-placing agencies.
2-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-19 SECTION 1. Section 42.042(m), Human Resources Code, is
2-20 amended to read as follows:
2-21 (m) In determining minimum standards relating to
2-22 staff-to-child ratios, group sizes, or square footage requirements
2-23 applicable to [for] nonresidential child-care facilities that
2-24 provide care for less than 24 hours a day, the department shall,
2-25 within available appropriations, conduct a comprehensive
2-26 cost-benefit analysis and economic impact study that includes
2-27 families and licensed child-care providers.
2-28 SECTION 2. Section 42.045(c), Human Resources Code, is
2-29 amended to read as follows:
2-30 (c) If a child-placing agency terminates operation as a
2-31 child-placing agency, it shall, after giving notice to the
2-32 department, transfer its files and records concerning adopted
2-33 children, their biological families, and their adoptive families to
2-34 the Bureau of Vital Statistics [department] or, after giving notice
2-35 to the Bureau of Vital Statistics, to a facility licensed by the
2-36 department to place children for adoption.
2-37 SECTION 3. Section 42.078(e), Human Resources Code, is
2-38 amended to read as follows:
2-39 (e) If the executive director determines that a violation
2-40 has occurred, the executive director may issue a recommendation on
2-41 the imposition of a penalty, including a recommendation on the
2-42 amount of the penalty.
2-43 SECTION 4. This Act takes effect September 1, 1999.
2-44 SECTION 5. The importance of this legislation and the
2-45 crowded condition of the calendars in both houses create an
2-46 emergency and an imperative public necessity that the
2-47 constitutional rule requiring bills to be read on three several
2-48 days in each house be suspended, and this rule is hereby suspended.
2-49 * * * * *