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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of additional inspection and background |
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and criminal history check requirements for day-care centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.044, Human Resources Code, is amended |
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by adding Subsection (b-1) to read as follows: |
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(b-1) Except as otherwise provided by this subsection, |
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during an unannounced annual inspection of a day-care center, the |
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department shall meet with the director designated by the day-care |
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center as having daily, on-site responsibility for the operation of |
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the day-care center to assess whether the director meets the |
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qualifications of a director specified by this chapter and |
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department rules. If the director is not present during the |
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unannounced annual inspection, the department shall schedule a |
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subsequent meeting with the director for that purpose and shall |
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conduct that meeting at the day-care center. |
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SECTION 2. Section 42.056, Human Resources Code, is amended |
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by adding Subsections (a-2), (b-1), and (g) to read as follows: |
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(a-2) In accordance with rules adopted by the executive |
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commissioner, the director, owner, or operator of a day-care center |
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shall submit a complete set of fingerprints of each person whose |
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name is submitted by the director, owner, or operator under |
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Subsection (a). The rules adopted by the executive commissioner: |
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(1) must require that the fingerprints be submitted in |
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a form and of a quality acceptable to the Department of Public |
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Safety and the Federal Bureau of Investigation for conducting a |
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criminal history check; and |
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(2) may require that the fingerprints be submitted |
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electronically through an applicant fingerprinting service center. |
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(b-1) In addition to any other background or criminal |
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history check conducted under Subsection (b), for each person whose |
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name is submitted by the director, owner, or operator of a day-care |
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center under Subsection (a), the department shall conduct a state |
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and Federal Bureau of Investigation criminal history check by: |
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(1) submitting the person's fingerprints provided |
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under Subsection (a-2), or causing the fingerprints to be submitted |
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electronically as authorized by that subsection, to the Department |
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of Public Safety for the purpose of conducting a state and federal |
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criminal history check; and |
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(2) using the resulting information made available by |
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that department under Section 411.114, Government Code, and by the |
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Federal Bureau of Investigation and any other criminal justice |
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agency under Section 411.087, Government Code. |
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(g) A person whose name is submitted by the director, owner, |
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or operator of a day-care center under Subsection (a) may not |
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provide direct care or have direct access to a child in a day-care |
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center before the person's background and criminal history checks |
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under Subsections (b) and (b-1) are completed. |
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SECTION 3. Section 42.056, Human Resources Code, as amended |
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by this Act, applies to the conduct of background and criminal |
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history checks of a person whose name is submitted to the Department |
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of Family and Protective Services under Subsection (a), Section |
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42.056, Human Resources Code, on or after the effective date of this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2007. |
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