1-1 AN ACT
1-2 relating to access to criminal history record information by the
1-3 Department of Protective and Regulatory Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivisions (1) through (4) and (7), Subsection
1-6 (a), Section 411.114, Government Code, are amended to read as
1-7 follows:
1-8 (1) In this subsection:
1-9 (A) "Child," [the terms "child,"] "child-care
1-10 facility," "child-placing agency," and "family home" have the
1-11 meanings assigned by Section 42.002, Human Resources Code.
1-12 (B) "Elderly person" has the meaning assigned by
1-13 Section 48.002, Human Resources Code.
1-14 (C) "Maternity home" has the meaning assigned by
1-15 Section 249.001, Health and Safety Code.
1-16 (D) "Person with a disability" means a disabled
1-17 person as defined by Section 48.002, Human Resources Code.
1-18 (E) "Ward" has the meaning assigned by Section
1-19 601, Texas Probate Code.
1-20 (2) The Department of Protective and Regulatory
1-21 Services shall obtain from the department criminal history record
1-22 information maintained by the department that relates to a person
1-23 who is:
1-24 (A) an applicant for a license, registration,
1-25 [or] certification, or listing under Chapter 42, Human Resources
2-1 Code, or Chapter 249, Health and Safety Code, or a person who
2-2 registers with or has been issued a certificate to operate under
2-3 accreditation by the Department of Protective and Regulatory
2-4 Services under Subchapter E, Chapter 42, Human Resources Code;
2-5 (B) an owner, operator, or employee of or an
2-6 applicant for employment by a child-care facility, child-placing
2-7 agency, [or] family home, or maternity home licensed, registered,
2-8 [or] certified, or listed under Chapter 42, Human Resources Code,
2-9 or Chapter 249, Health and Safety Code, or by a child-care facility
2-10 or child-placing agency that is seeking to register with or has
2-11 been issued a certificate to operate under accreditation by the
2-12 Department of Protective and Regulatory Services under Subchapter
2-13 E, Chapter 42, Human Resources Code;
2-14 (C) a person 14 years of age or older who will
2-15 be regularly or frequently working or staying in a child-care
2-16 facility, family home, or maternity home while children are being
2-17 provided care, other than [resident of a registered family home,
2-18 but not] a child in the care of the home or facility [home's care
2-19 or a parent of the child];
2-20 (D) an applicant selected for a position with
2-21 the Department of Protective and Regulatory Services, the duties of
2-22 which include direct delivery of protective services to children,
2-23 elderly persons, or persons with a disability;
2-24 (E) an employee of, an applicant for employment
2-25 with, or a volunteer or an applicant volunteer with a business
2-26 entity or person that contracts with the Department of Protective
3-1 and Regulatory Services to provide direct delivery of protective
3-2 services to children, elderly persons, or persons with a
3-3 disability, if the person's duties or responsibilities include
3-4 direct contact with children, elderly persons, or persons with a
3-5 disability;
3-6 (F) a registered volunteer [or applicant
3-7 volunteer] with the Department of Protective and Regulatory
3-8 Services;
3-9 (G) a person providing or applying to provide
3-10 in-home, adoptive, or foster care for children in the care of the
3-11 Department of Protective and Regulatory Services and other persons
3-12 [adults] living [with that person] in the residence in which the
3-13 child will reside;
3-14 (H) a Department of Protective and Regulatory
3-15 Services employee who is engaged in the direct delivery of
3-16 protective services to children, elderly persons, or persons with a
3-17 disability;
3-18 (I) a person who is the subject of a report the
3-19 Department of Protective and Regulatory Services [department]
3-20 receives alleging that the person has abused, [or] neglected, or
3-21 exploited a child, an elderly person, or a person with a
3-22 disability, provided that:
3-23 (i) the report alleges the person has
3-24 engaged in conduct that meets the statutory definition of abuse,
3-25 neglect, or exploitation under Chapter 261, Family Code, or Chapter
3-26 48, Human Resources Code; and
4-1 (ii) the person who is the subject of the
4-2 report is not also the victim of the alleged conduct [has proven to
4-3 have merit];
4-4 (J) [a relative providing or applying to provide
4-5 in-home care for a child in the care of the Department of
4-6 Protective and Regulatory Services and other adults living with
4-7 that relative in the residence in which the child will reside;]
4-8 [(K)] a person providing child care for a child
4-9 who is in the care of the Department of Protective and Regulatory
4-10 Services and who is or will be receiving adoptive, foster, or
4-11 in-home care;
4-12 (K) [(L)] through a contract with a nonprofit
4-13 management center, an employee of, an applicant for employment
4-14 with, or a volunteer or an applicant volunteer with a nonprofit,
4-15 tax-exempt organization that provides any service that involves the
4-16 care of or access to children, elderly persons, or persons with a
4-17 disability; or
4-18 (L) [(M) an operator of a child-care facility or
4-19 child-placing agency that is seeking to register with or has been
4-20 issued a certificate to operate under accreditation by the
4-21 Department of Protective and Regulatory Services under Subchapter
4-22 E, Chapter 42, Human Resources Code, subject to Section 42.105,
4-23 Human Resources Code; or]
4-24 [(N)] a child-care administrator seeking
4-25 accreditation as provided by Section 43.003, Human Resources Code.
4-26 (3) The Department of Protective and Regulatory
5-1 Services is entitled to obtain from the department criminal history
5-2 record information maintained by the department that relates to a
5-3 person who is:
5-4 (A) a volunteer or applicant volunteer with a
5-5 local affiliate in this state of Big Brothers/Big Sisters of
5-6 America;
5-7 (B) a volunteer or applicant volunteer with the
5-8 "I Have a Dream/Houston" program;
5-9 (C) a volunteer or applicant volunteer with an
5-10 organization that provides court-appointed special advocates for
5-11 abused or neglected children;
5-12 (D) a person providing, at the request of the
5-13 child's parent, in-home care for a child who is the subject of a
5-14 report alleging the child has been abused or neglected;
5-15 (E) a volunteer or applicant volunteer with a
5-16 Texas chapter of the Make-a-Wish Foundation of America; [or]
5-17 (F) a person providing, at the request of the
5-18 child's parent, in-home care for a child only if the person gives
5-19 written consent to the release and disclosure of the information;
5-20 (G) a child who is related to the caretaker, as
5-21 determined under Section 42.002, Human Resources Code, and who
5-22 resides in or is present in a child-care facility, family home, or
5-23 maternity home, other than a child described by Subdivision (2)(C),
5-24 or any other person who has unsupervised access to a child in the
5-25 care of a child-care facility, family home, or maternity home;
5-26 (H) an applicant for a position with the
6-1 Department of Protective and Regulatory Services, other than a
6-2 position described by Subdivision (2)(D), regardless of the duties
6-3 of the position;
6-4 (I) a volunteer or applicant volunteer with the
6-5 Department of Protective and Regulatory Services, other than a
6-6 registered volunteer, regardless of the duties to be performed;
6-7 (J) a person providing or applying to provide
6-8 in-home, adoptive, or foster care for children to the extent
6-9 necessary to comply with Subchapter B, Chapter 162, Family Code;
6-10 (K) a Department of Protective and Regulatory
6-11 Services employee, other than an employee described by Subdivision
6-12 (2)(H), regardless of the duties of the employee's position;
6-13 (L) a relative of a child in the care of the
6-14 Department of Protective and Regulatory Services, to the extent
6-15 necessary to comply with Section 162.007, Family Code;
6-16 (M) a person, other than the subject of a report
6-17 described in Subdivision (2)(I), living in the residence in which
6-18 the alleged victim of the report resides;
6-19 (N) a contractor or an employee of a contractor
6-20 who delivers services to a ward of the Department of Protective and
6-21 Regulatory Services under a contract with the estate of the ward;
6-22 or
6-23 (O) a person who seeks unsupervised visits with
6-24 a ward of the Department of Protective and Regulatory Services,
6-25 including a relative of the ward.
6-26 (4) Subject to Section 411.087, the Department of
7-1 Protective and Regulatory Services is entitled to [department
7-2 shall]:
7-3 (A) obtain through the Federal Bureau of
7-4 Investigation criminal history record information maintained or
7-5 indexed by that bureau that pertains to a person described by
7-6 Subdivision (2); and [or]
7-7 (B) obtain from any other criminal justice
7-8 agency in this state criminal history record information maintained
7-9 by that criminal justice agency that relates to a person described
7-10 by Subdivision (2) or (3). Law enforcement entities shall expedite
7-11 the furnishing of such information to Department of Protective and
7-12 Regulatory Services workers to ensure prompt criminal background
7-13 checks for the safety of alleged victims and Department of
7-14 Protective and Regulatory Services workers.
7-15 (7) The Department of Protective and Regulatory
7-16 Services is not prohibited from releasing criminal history record
7-17 information obtained under this subsection to:
7-18 (A) the person who is the subject of the
7-19 criminal history record information;
7-20 (B) a child-care facility, child-placing agency,
7-21 family home, or maternity home listed in Subdivision (2) that
7-22 employs or is considering employing the person who is the subject
7-23 of the criminal history record information;
7-24 (C) a person or business entity described by
7-25 Subdivision (2)(E) or (3) [Subsection (a)(2)(E)] who uses or
7-26 intends to use the services of the volunteer or employs or is
8-1 considering employing the person who is the subject of the criminal
8-2 history record information; or
8-3 (D) an adult residing with a child, elderly
8-4 person, or person with a disability and the person who is the
8-5 subject of the criminal history record information, if the
8-6 Department of Protective and Regulatory Services determines that
8-7 the release of information to the adult is necessary to ensure the
8-8 safety or welfare of the child, elderly person, or person with a
8-9 disability or the adult.
8-10 SECTION 2. Subsection (b), Section 411.114, Government Code,
8-11 is amended to read as follows:
8-12 (b) The failure or refusal to provide a complete set of
8-13 fingerprints or a complete name on request constitutes good cause
8-14 for dismissal or refusal to hire, as applicable, with regard to a
8-15 volunteer of or an employee or applicant for permanent or temporary
8-16 employment with the Department of Protective and Regulatory
8-17 Services [department], or a facility, home, business, or other
8-18 entity, if the volunteer position, employment, or potential
8-19 employment involves direct interaction with or the opportunity to
8-20 interact and associate with children.
8-21 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 53 passed the Senate on
March 7, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 53 passed the House on
May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor