H.R. No. 2197
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 79th Legislature, Regular Session, 2005, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on Senate Bill 6, (protective services;
providing penalties), to consider and take action on the following
matters:
(1) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of added Section 261.3032, Family
Code, so that Section 261.3032 reads as follows:
Sec. 261.3032. INTERFERENCE WITH INVESTIGATION; CRIMINAL
PENALTY. (a) A person commits an offense if, with the intent to
interfere with the department's investigation of a report of abuse
or neglect of a child, the person relocates the person's residence,
either temporarily or permanently, without notifying the
department of the address of the person's new residence or conceals
the child and the person's relocation or concealment interferes
with the department's investigation.
(b) An offense under this section is a Class B misdemeanor.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
Explanation: The change is necessary to clarify the elements
of the offense.
(2) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of added Section 264.0091, Family
Code, so that Section 264.0091 reads as follows:
Sec. 264.0091. USE OF TELECONFERENCING AND
VIDEOCONFERENCING TECHNOLOGY. Subject to the availability of
funds, the department, in cooperation with district and county
courts, shall expand the use of teleconferencing and
videoconferencing to facilitate participation by medical experts
and other individuals in court proceedings.
Explanation: The change is necessary to ensure that the
Department of Family and Protective Services is only required to
implement the provisions of Section 264.0091, Family Code, if the
department has funds to implement the project.
(3) House Rule 13, Section (9)(a)(4), is suspended to permit
the committee to add text to Section 266.004(j), Family Code, so
that Section 266.004(j) reads as follows:
(j) Nothing in this section requires that the identity of a
foster parent be publicly disclosed.
Explanation: The change is necessary to clarify that the
section does not require public disclosure of the identity of
foster parents.
(4) House Rule 13, Section (9)(a)(1), is suspended to permit
the committee to change the text of amended Section 42.056(b),
Human Resources Code, so that Section 42.056(b) reads as follows:
(b) The department shall conduct background and criminal
history checks using:
(1) the information provided under Subsections
[Subsection] (a) and (a-1);
(2) the information made available by the Department
of Public Safety under Section 411.114, Government Code, or by the
Federal Bureau of Investigation or other criminal justice agency
under Section 411.087, Government Code; and
(3) the department's records of reported abuse and
neglect.
Explanation: The changed text is necessary to ensure that
under the bill the Department of Family and Protective Services
may, but is not required to, complete a background check using
information made available by the Federal Bureau of Investigation.
(5) House Rule 13, Sections (9)(a)(1) and (9)(a)(2) are
suspended to permit the committee to change and omit text in added
Section 42.056(e), Human Resources Code, so that Section 42.056(e)
reads as follows:
(e) If the residential child-care facility does not receive
the results of the background or criminal history check within two
working days, the facility may obtain that information for the
facility's employee, subcontractor, or volunteer directly from the
Department of Public Safety. If the information obtained verifies
that the person does not have a criminal record, the facility may
allow the person to have unsupervised client contact until the
department has performed the department's own criminal history
check and notified the facility.
Explanation: It is necessary to omit the text to remove a
proposed requirement that under the bill the Department of Family
and Protective Services complete background checks within 24 hours.
It is necessary to change the remaining text to clarify a reference
to the omitted 24-hour deadline.
(6) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit the following text in added Section 111.001,
Government Code:
(10) "Statutory probate court" has the meaning
assigned by Section 601, Texas Probate Code.
Explanation: The change is necessary to conform the language
of the bill to the modification made to the provision of the bill
relating to the composition of the Guardianship Certification
Board.
(7) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of added Section 111.011(b),
Government Code, so that Section 111.011(b) reads as follows:
(b) The supreme court shall appoint members under
Subsection (a)(1) from the different geographical areas of this
state.
Explanation: The change is necessary to conform the language
of the bill to the modification made to the provision of the bill
relating to the composition of the Guardianship Certification
Board.
(8) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of added Section 111.011(g),
Government Code, so that Section 111.011(g) reads as follows:
(g) The members of the board serve for staggered six-year
terms, with the terms of one-third of the members expiring on
February 1 of each odd-numbered year. Board members are not
entitled to receive compensation or reimbursement for expenses.
Explanation: The change is necessary to prohibit members of
the Guardianship Certification Board from receiving reimbursement
for expenses incurred in the performance of their duties.
(9) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text in added Subdivision (5), Section
111.013, Government Code, so that Subdivision (5) reads as follows:
(5) uses or receives a substantial amount of tangible goods,
services, or funds from the Office of Court Administration.
Explanation: The change is necessary to conform the
language of the bill to the provision of the bill prohibiting the
members of the Guardianship Certification Board from receiving
compensation or reimbursement for expenses.
(10) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of added Section 111.015(c),
Government Code, so that Section 111.015(c) reads as follows:
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the board of the potential ground. The presiding officer shall
then notify the chief justice of the supreme court that a potential
ground for removal exists. If the potential ground for removal
involves the presiding officer, the director shall notify the next
highest ranking officer of the board, who shall then notify the
chief justice of the supreme court that a potential ground for
removal exists.
Explanation: The change is necessary to enable the director
to notify the appropriate appointing official regarding the
existence of a potential ground for removal of a board member.
(11) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit the following text in added Section 111.017,
Government Code:
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Explanation: The change is necessary to conform the language
of the bill to the provision of the bill prohibiting the members of
the Guardianship Certification Board from receiving compensation
or reimbursement for expenses.
(12) House Rule 13, Sections 9(a)(2), is suspended to permit
the committee to omit text in added Section 111.023, Government
Code, so that Section 111.023 reads as follows:
Sec. 111.023. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The director shall provide to members of the board, as
often as necessary, information regarding the requirements for
office under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers.
Explanation: The change is necessary to prohibit the
director from delegating to another individual the director's duty
under this section to provide information to board members
regarding the requirements for holding office and to reflect the
removal of references to the hiring of employees, other than the
director, that are made throughout added Chapter 111, Government
Code.
(13) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add additional text as Subsection (f), Section
111.042, Government Code, to read as follows and to reletter
existing Subsection (f) and subsequent subsections appropriately:
(f) An employee of the Department of Aging and Disability
Services who is applying for a certificate under this section to
provide guardianship services to a ward of the department is exempt
from payment of an application fee required by this section.
Explanation: The added text is necessary to provide an
exemption from payment of application fees to employees of the
Department of Aging and Disability Services applying for a
certificate to provide guardianship services on behalf of the
department.
Hupp
______________________________
Speaker of the House
I certify that H.R. No. 2197 was adopted by the House on May
29, 2005, by a non-record vote.
______________________________
Chief Clerk of the House