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                                  * * * * *