Suspending limitations on conference committee
jurisdiction, S.B. No. 6 (Nelson/Hupp)
By: Nelson S.R. No. 1061
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 79th
Legislature, Regular Session, 2005, That the Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(4) is suspended to permit the
committee to add text to Subsection (j), Section 266.004, Family
Code, so that Subsection (j), Section 266.004 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) Senate Rule 12.03(1) is suspended to permit the
committee to change the text of amended Subsection (b), Section
42.056, Human Resources Code, so that Subsection (b), Section
42.056 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) Senate Rules 12.03(1) and (2) are suspended to permit
the committee to change and omit text in added Subsection (e),
Section 42.056, Human Resources Code, so that Subsection (e),
Section 42.056 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) Senate Rule 12.03(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) Senate Rule 12.03(1) is suspended to permit the
committee to change the text of added Subsection (b), Section
111.011, Government Code, so that Subsection (b), Section
111.011 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) Senate Rule 12.03(1) is suspended to permit the
committee to change the text of added Subsection (g), Section
111.011, Government Code, so that Subsection (g), Section
111.011 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) Senate Rule 12.03(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) Senate Rule 12.03(1) is suspended to permit the
committee to change the text of added Subsection (c), Section
111.015, Government Code, so that Subsection (c), Section
111.015 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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2005, by
the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate