79R3894 KLA-D


By:  Talton                                                       H.B. No. 877


A BILL TO BE ENTITLED
AN ACT
relating to certain complaints and records with respect to certain child-care facilities and family homes; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 42.042(c), Human Resources Code, is amended to read as follows: (c) The department shall provide a standard procedure for receiving and recording complaints. The executive commissioner shall adopt rules regarding the receipt of anonymous complaints made regarding child-care facilities and family homes to limit the number of anonymous complaints investigated by the department. SECTION 2. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Sections 42.0446 and 42.0447 to read as follows: Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM RECORDS. The executive commissioner shall adopt rules providing a procedure by which the department removes from the department's records with respect to a child-care facility or registered family home information relating to a complaint alleging that the facility or family home failed to comply with the department's minimum standards if, at the conclusion of an investigation, the department determines that the complaint is false or lacks factual foundation. Sec. 42.0447. FALSE REPORT; CRIMINAL PENALTY. (a) A person commits an offense if the person knowingly or intentionally files a complaint alleging that a child-care facility or registered family home failed to comply with the department's minimum standards and the person knows the allegation is false or lacks factual foundation. (b) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a state jail felony. SECTION 3. Section 42.0446, Human Resources Code, as added by this Act, applies to a complaint under Chapter 42, Human Resources Code, with respect to a child-care facility or registered family home that is pending on or filed on or after the effective date of this Act. SECTION 4. This Act takes effect September 1, 2005.