By Zaffirini S.B. No. 53
77R510 ESH-D
A BILL TO BE ENTITLED
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. Sections 411.114(a)(1)-(4) and (7), Government
1-6 Code, are amended to read as follows:
1-7 (a)(1) In this subsection:
1-8 (A) "Child," [the terms "child,"] "child-care
1-9 facility," and "family home" have the meanings assigned by Section
1-10 42.002, Human Resources Code.
1-11 (B) "Elderly person" has the meaning assigned by
1-12 Section 48.002, Human Resources Code.
1-13 (C) "Person with a disability" means a disabled
1-14 person as defined by Section 48.002, Human Resources Code.
1-15 (D) "Ward" has the meaning assigned by Section
1-16 601, Texas Probate Code.
1-17 (2) The Department of Protective and Regulatory
1-18 Services shall obtain from the department criminal history record
1-19 information maintained by the department that relates to a person
1-20 who is:
1-21 (A) an applicant for a license, registration,
1-22 [or] certification, or listing under Chapter 42, Human Resources
1-23 Code, or a person who registers with or has been issued a
1-24 certificate to operate under accreditation by the Department of
2-1 Protective and Regulatory Services under Subchapter E, Chapter 42,
2-2 Human Resources Code;
2-3 (B) an owner or employee of or an applicant for
2-4 employment by a child-care facility or family home licensed,
2-5 registered, or certified under Chapter 42, Human Resources Code, or
2-6 by a child-care facility or child-placing agency that is seeking to
2-7 register with or has been issued a certificate to operate under
2-8 accreditation by the Department of Protective and Regulatory
2-9 Services under Subchapter E, Chapter 42, Human Resources Code;
2-10 (C) each person 14 years of age or older who
2-11 will be regularly working or staying in a facility or family home
2-12 while children are being provided care, other than [a resident of a
2-13 registered family home, but not] a child in the home's care or a
2-14 parent of the child;
2-15 (D) an applicant for a position with the
2-16 Department of Protective and Regulatory Services, the duties of
2-17 which include [direct] delivery of protective services to children,
2-18 elderly persons, or persons with a disability;
2-19 (E) an employee of, an applicant for employment
2-20 with, or a volunteer or an applicant volunteer with a business
2-21 entity or person that contracts with the Department of Protective
2-22 and Regulatory Services to provide direct delivery of protective
2-23 services to children, elderly persons, or persons with a
2-24 disability, if the person's duties or responsibilities include
2-25 direct contact with children, elderly persons, or persons with a
2-26 disability;
2-27 (F) a registered volunteer [or applicant
3-1 volunteer] with the Department of Protective and Regulatory
3-2 Services;
3-3 (G) a person providing or applying to provide
3-4 in-home, adoptive, or foster care for children in the care of the
3-5 Department of Protective and Regulatory Services and other persons
3-6 [adults] living [with that person] in the residence in which the
3-7 child will reside;
3-8 (H) a Department of Protective and Regulatory
3-9 Services employee who is engaged in the direct delivery of
3-10 protective services to children, elderly persons, or persons with a
3-11 disability;
3-12 (I) a person who is the subject of a report the
3-13 Department of Protective and Regulatory Services [department]
3-14 receives alleging that the person has abused or neglected a child
3-15 or abused, neglected, or exploited[,] an elderly person[,] or a
3-16 person with a disability, provided that report has proven to have
3-17 merit, and other persons living with that person in the residence
3-18 in which the alleged victim resides;
3-19 (J) [a relative providing or applying to provide
3-20 in-home care for a child in the care of the Department of
3-21 Protective and Regulatory Services and other adults living with
3-22 that relative in the residence in which the child will reside;]
3-23 [(K)] a person providing child care for a child
3-24 who is in the care of the Department of Protective and Regulatory
3-25 Services and who is or will be receiving adoptive, foster, or
3-26 in-home care;
3-27 (K) [(L)] through a contract with a nonprofit
4-1 management center, an employee of, an applicant for employment
4-2 with, or a volunteer or an applicant volunteer with a nonprofit,
4-3 tax-exempt organization that provides any service that involves the
4-4 care of or access to children, elderly persons, or persons with a
4-5 disability;
4-6 (L) [(M)] an operator of a child-care facility
4-7 or child-placing agency that is seeking to register with or has
4-8 been issued a certificate to operate under accreditation by the
4-9 Department of Protective and Regulatory Services under Subchapter
4-10 E, Chapter 42, Human Resources Code, subject to Section 42.105,
4-11 Human Resources Code; or
4-12 (M) [(N)] a child-care administrator seeking
4-13 accreditation as provided by Section 43.003, Human Resources Code.
4-14 (3) The Department of Protective and Regulatory
4-15 Services is entitled to obtain from the department criminal history
4-16 record information maintained by the department that relates to a
4-17 person who is:
4-18 (A) a volunteer or applicant volunteer with a
4-19 local affiliate in this state of Big Brothers/Big Sisters of
4-20 America;
4-21 (B) a volunteer or applicant volunteer with the
4-22 "I Have a Dream/Houston" program;
4-23 (C) a volunteer or applicant volunteer with an
4-24 organization that provides court-appointed special advocates for
4-25 abused or neglected children;
4-26 (D) a person providing, at the request of the
4-27 child's parent, in-home care for a child who is the subject of a
5-1 report alleging the child has been abused or neglected;
5-2 (E) a volunteer or applicant volunteer with a
5-3 Texas chapter of the Make-a-Wish Foundation of America; [or]
5-4 (F) a person providing, at the request of the
5-5 child's parent, in-home care for a child only if the person gives
5-6 written consent to the release and disclosure of the information;
5-7 (G) a child who is related to the caretaker, as
5-8 determined under Section 42.002, Human Resources Code, and who
5-9 resides in or is present in a child-care facility, other than a
5-10 child described by Subdivision (2)(C);
5-11 (H) an applicant for a position with the
5-12 Department of Protective and Regulatory Services, other than a
5-13 position described by Subdivision (2)(D), regardless of the duties
5-14 of the position;
5-15 (I) a volunteer or applicant volunteer with the
5-16 Department of Protective and Regulatory Services, other than a
5-17 registered volunteer, regardless of the duties to be performed;
5-18 (J) a person providing or applying to provide
5-19 in-home, adoptive, or foster care for children to the extent
5-20 necessary to comply with Subchapter B, Chapter 162, Family Code;
5-21 (K) a Department of Protective and Regulatory
5-22 Services employee, other than an employee described by Subdivision
5-23 (2)(H), regardless of the duties of the employee's position;
5-24 (L) a relative of a child in the care of the
5-25 Department of Protective and Regulatory Services, to the extent
5-26 necessary to comply with Section 162.007, Family Code;
5-27 (M) an employee under, or an applicant for
6-1 employment under, a contract with the estate of a ward of the
6-2 Department of Protective and Regulatory Services, if the duties of
6-3 the position include delivery of services to the ward; or
6-4 (N) a friend or relative of a ward of the
6-5 Department of Protective and Regulatory Services who seeks
6-6 unsupervised visits with the ward away from the ward's placement.
6-7 (4) Subject to Section 411.087, the Department of
6-8 Protective and Regulatory Services [department] shall:
6-9 (A) obtain through the Federal Bureau of
6-10 Investigation criminal history record information maintained or
6-11 indexed by that bureau that pertains to a person described by
6-12 Subdivision (2); and [or]
6-13 (B) obtain from any other criminal justice
6-14 agency in this state criminal history record information maintained
6-15 by that criminal justice agency that relates to a person described
6-16 by Subdivision (2).
6-17 (7) The Department of Protective and Regulatory
6-18 Services is not prohibited from releasing criminal history record
6-19 information obtained under this subsection to:
6-20 (A) the person who is the subject of the
6-21 criminal history record information;
6-22 (B) a child-care facility or family home listed
6-23 in Subdivision (2) that employs or is considering employing the
6-24 person who is the subject of the criminal history record
6-25 information;
6-26 (C) a person or business entity described by
6-27 Subdivision (2)(E) or (3) [Subsection (a)(2)(E)] who uses or
7-1 intends to use the services of the volunteer or employs or is
7-2 considering employing the person who is the subject of the criminal
7-3 history record information; or
7-4 (D) an adult residing with a child, elderly
7-5 person, or person with a disability and the person who is the
7-6 subject of the criminal history record information, if the
7-7 Department of Protective and Regulatory Services determines that
7-8 the release of information to the adult is necessary to ensure the
7-9 safety or welfare of the child, elderly person, or person with a
7-10 disability or the adult.
7-11 SECTION 2. Section 411.114(b), Government Code, is amended to
7-12 read as follows:
7-13 (b) The failure or refusal to provide a complete set of
7-14 fingerprints or a complete name on request constitutes good cause
7-15 for dismissal or refusal to hire, as applicable, with regard to a
7-16 volunteer of or an employee or applicant for permanent or temporary
7-17 employment with the Department of Protective and Regulatory
7-18 Services [department], or a facility, home, business, or other
7-19 entity, if the volunteer position, employment, or potential
7-20 employment involves direct interaction with or the opportunity to
7-21 interact and associate with children.
7-22 SECTION 3. This Act takes effect September 1, 2001.