1-1 By: Zaffirini S.B. No. 53
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 26, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 February 26, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 53 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to access to criminal history record information by the
1-11 Department of Protective and Regulatory Services.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivisions (1) through (4) and (7), Subsection
1-14 (a), Section 411.114, Government Code, are amended to read as
1-15 follows:
1-16 (1) In this subsection:
1-17 (A) "Child," [the terms "child,"] "child-care
1-18 facility," "child-placing agency," and "family home" have the
1-19 meanings assigned by Section 42.002, Human Resources Code.
1-20 (B) "Elderly person" has the meaning assigned by
1-21 Section 48.002, Human Resources Code.
1-22 (C) "Maternity home" has the meaning assigned by
1-23 Section 249.001, Health and Safety Code.
1-24 (D) "Person with a disability" means a disabled
1-25 person as defined by Section 48.002, Human Resources Code.
1-26 (E) "Ward" has the meaning assigned by Section
1-27 601, Texas Probate Code.
1-28 (2) The Department of Protective and Regulatory
1-29 Services shall obtain from the department criminal history record
1-30 information maintained by the department that relates to a person
1-31 who is:
1-32 (A) an applicant for a license, registration,
1-33 [or] certification, or listing under Chapter 42, Human Resources
1-34 Code, or Chapter 249, Health and Safety Code, or a person who
1-35 registers with or has been issued a certificate to operate under
1-36 accreditation by the Department of Protective and Regulatory
1-37 Services under Subchapter E, Chapter 42, Human Resources Code;
1-38 (B) an owner, operator, or employee of or an
1-39 applicant for employment by a child-care facility, child-placing
1-40 agency, [or] family home, or maternity home licensed, registered,
1-41 [or] certified, or listed under Chapter 42, Human Resources Code,
1-42 or Chapter 249, Health and Safety Code, or by a child-care facility
1-43 or child-placing agency that is seeking to register with or has
1-44 been issued a certificate to operate under accreditation by the
1-45 Department of Protective and Regulatory Services under Subchapter
1-46 E, Chapter 42, Human Resources Code;
1-47 (C) a person 14 years of age or older who will
1-48 be regularly or frequently working or staying in a child-care
1-49 facility, family home, or maternity home while children are being
1-50 provided care, other than [resident of a registered family home,
1-51 but not] a child in the care of the home or facility [home's care
1-52 or a parent of the child];
1-53 (D) an applicant selected for a position with
1-54 the Department of Protective and Regulatory Services, the duties of
1-55 which include direct delivery of protective services to children,
1-56 elderly persons, or persons with a disability;
1-57 (E) an employee of, an applicant for employment
1-58 with, or a volunteer or an applicant volunteer with a business
1-59 entity or person that contracts with the Department of Protective
1-60 and Regulatory Services to provide direct delivery of protective
1-61 services to children, elderly persons, or persons with a
1-62 disability, if the person's duties or responsibilities include
1-63 direct contact with children, elderly persons, or persons with a
1-64 disability;
2-1 (F) a registered volunteer [or applicant
2-2 volunteer] with the Department of Protective and Regulatory
2-3 Services;
2-4 (G) a person providing or applying to provide
2-5 in-home, adoptive, or foster care for children in the care of the
2-6 Department of Protective and Regulatory Services and other persons
2-7 [adults] living [with that person] in the residence in which the
2-8 child will reside;
2-9 (H) a Department of Protective and Regulatory
2-10 Services employee who is engaged in the direct delivery of
2-11 protective services to children, elderly persons, or persons with a
2-12 disability;
2-13 (I) a person who is the subject of a report the
2-14 Department of Protective and Regulatory Services [department]
2-15 receives alleging that the person has abused, [or] neglected, or
2-16 exploited a child, an elderly person, or a person with a
2-17 disability, provided that:
2-18 (i) the report alleges the person has
2-19 engaged in conduct that meets the statutory definition of abuse,
2-20 neglect, or exploitation under Chapter 261, Family Code, or Chapter
2-21 48, Human Resources Code; and
2-22 (ii) the person who is the subject of the
2-23 report is not also the victim of the alleged conduct [has proven to
2-24 have merit];
2-25 (J) [a relative providing or applying to provide
2-26 in-home care for a child in the care of the Department of
2-27 Protective and Regulatory Services and other adults living with
2-28 that relative in the residence in which the child will reside;]
2-29 [(K)] a person providing child care for a child
2-30 who is in the care of the Department of Protective and Regulatory
2-31 Services and who is or will be receiving adoptive, foster, or
2-32 in-home care;
2-33 (K) [(L)] through a contract with a nonprofit
2-34 management center, an employee of, an applicant for employment
2-35 with, or a volunteer or an applicant volunteer with a nonprofit,
2-36 tax-exempt organization that provides any service that involves the
2-37 care of or access to children, elderly persons, or persons with a
2-38 disability; or
2-39 (L) [(M) an operator of a child-care facility or
2-40 child-placing agency that is seeking to register with or has been
2-41 issued a certificate to operate under accreditation by the
2-42 Department of Protective and Regulatory Services under Subchapter
2-43 E, Chapter 42, Human Resources Code, subject to Section 42.105,
2-44 Human Resources Code; or]
2-45 [(N)] a child-care administrator seeking
2-46 accreditation as provided by Section 43.003, Human Resources Code.
2-47 (3) The Department of Protective and Regulatory
2-48 Services is entitled to obtain from the department criminal history
2-49 record information maintained by the department that relates to a
2-50 person who is:
2-51 (A) a volunteer or applicant volunteer with a
2-52 local affiliate in this state of Big Brothers/Big Sisters of
2-53 America;
2-54 (B) a volunteer or applicant volunteer with the
2-55 "I Have a Dream/Houston" program;
2-56 (C) a volunteer or applicant volunteer with an
2-57 organization that provides court-appointed special advocates for
2-58 abused or neglected children;
2-59 (D) a person providing, at the request of the
2-60 child's parent, in-home care for a child who is the subject of a
2-61 report alleging the child has been abused or neglected;
2-62 (E) a volunteer or applicant volunteer with a
2-63 Texas chapter of the Make-a-Wish Foundation of America; [or]
2-64 (F) a person providing, at the request of the
2-65 child's parent, in-home care for a child only if the person gives
2-66 written consent to the release and disclosure of the information;
2-67 (G) a child who is related to the caretaker, as
2-68 determined under Section 42.002, Human Resources Code, and who
2-69 resides in or is present in a child-care facility, family home, or
3-1 maternity home, other than a child described by Subdivision (2)(C),
3-2 or any other person who has unsupervised access to a child in the
3-3 care of a child-care facility, family home, or maternity home;
3-4 (H) an applicant for a position with the
3-5 Department of Protective and Regulatory Services, other than a
3-6 position described by Subdivision (2)(D), regardless of the duties
3-7 of the position;
3-8 (I) a volunteer or applicant volunteer with the
3-9 Department of Protective and Regulatory Services, other than a
3-10 registered volunteer, regardless of the duties to be performed;
3-11 (J) a person providing or applying to provide
3-12 in-home, adoptive, or foster care for children to the extent
3-13 necessary to comply with Subchapter B, Chapter 162, Family Code;
3-14 (K) a Department of Protective and Regulatory
3-15 Services employee, other than an employee described by Subdivision
3-16 (2)(H), regardless of the duties of the employee's position;
3-17 (L) a relative of a child in the care of the
3-18 Department of Protective and Regulatory Services, to the extent
3-19 necessary to comply with Section 162.007, Family Code;
3-20 (M) a person, other than the subject of a report
3-21 described in Subdivision (2)(I), living in the residence in which
3-22 the alleged victim of the report resides;
3-23 (N) a contractor or an employee of a contractor
3-24 who delivers services to a ward of the Department of Protective and
3-25 Regulatory Services under a contract with the estate of the ward;
3-26 or
3-27 (O) a person who seeks unsupervised visits with
3-28 a ward of the Department of Protective and Regulatory Services,
3-29 including a relative of the ward.
3-30 (4) Subject to Section 411.087, the Department of
3-31 Protective and Regulatory Services is entitled to [department
3-32 shall]:
3-33 (A) obtain through the Federal Bureau of
3-34 Investigation criminal history record information maintained or
3-35 indexed by that bureau that pertains to a person described by
3-36 Subdivision (2); and [or]
3-37 (B) obtain from any other criminal justice
3-38 agency in this state criminal history record information maintained
3-39 by that criminal justice agency that relates to a person described
3-40 by Subdivision (2).
3-41 (7) The Department of Protective and Regulatory
3-42 Services is not prohibited from releasing criminal history record
3-43 information obtained under this subsection to:
3-44 (A) the person who is the subject of the
3-45 criminal history record information;
3-46 (B) a child-care facility, child-placing agency,
3-47 family home, or maternity home listed in Subdivision (2) that
3-48 employs or is considering employing the person who is the subject
3-49 of the criminal history record information;
3-50 (C) a person or business entity described by
3-51 Subdivision (2)(E) or (3) [Subsection (a)(2)(E)] who uses or
3-52 intends to use the services of the volunteer or employs or is
3-53 considering employing the person who is the subject of the criminal
3-54 history record information; or
3-55 (D) an adult residing with a child, elderly
3-56 person, or person with a disability and the person who is the
3-57 subject of the criminal history record information, if the
3-58 Department of Protective and Regulatory Services determines that
3-59 the release of information to the adult is necessary to ensure the
3-60 safety or welfare of the child, elderly person, or person with a
3-61 disability or the adult.
3-62 SECTION 2. Subsection (b), Section 411.114, Government Code,
3-63 is amended to read as follows:
3-64 (b) The failure or refusal to provide a complete set of
3-65 fingerprints or a complete name on request constitutes good cause
3-66 for dismissal or refusal to hire, as applicable, with regard to a
3-67 volunteer of or an employee or applicant for permanent or temporary
3-68 employment with the Department of Protective and Regulatory
3-69 Services [department], or a facility, home, business, or other
4-1 entity, if the volunteer position, employment, or potential
4-2 employment involves direct interaction with or the opportunity to
4-3 interact and associate with children.
4-4 SECTION 3. This Act takes effect September 1, 2001.
4-5 * * * * *