Amend HB 3737 (Senate committee printing) as follows:                        
	(1)  Strike SECTION 3 of the bill (page 1, line 45) and 
substitute the following:
	SECTION 3.  (a) Except as provided by Subsection (b) of this 
section, this Act takes effect September 1, 2009.
	(b)  Subsections (e), (f), and (g), Section 161.076, Human 
Resources Code, as added by this Act, take effect September 1, 2011.
	(2)  Add the following appropriately numbered SECTIONS to 
the bill and renumber subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Subchapter D, Chapter 161, Human Resources 
Code, is amended by adding Section 161.076 to read as follows:
	Sec. 161.076.  REQUIRED BACKGROUND AND CRIMINAL HISTORY 
CHECKS; CRIMINAL PENALTIES.  (a)  In accordance with rules adopted 
by the executive commissioner, the director, owner, or operator of 
a facility or agency licensed by the department shall submit to the 
Department of Public Safety for use in conducting background and 
criminal history checks:
		(1)  when applying for a license from the department, 
the name of each person who will provide direct care or who has 
direct access to residents or clients of the facility or agency and 
who is:
			(A)  a director, owner, or operator of the 
facility or agency;      
			(B)  a person employed at the facility or by the 
agency; or         
			(C)  a person 14 years of age or older, other than 
a resident or client in care, who will regularly or frequently be 
staying or working at the facility or agency while residents or 
clients are being provided care; and
		(2)  at the time specified by the rules adopted by the 
executive commissioner, the name of each person who will provide 
direct care or who will have direct access to residents or clients 
of the facility or agency and who is a prospective:
			(A)  employee of the facility or agency; or                           
			(B)  volunteer at the facility or with the agency.                    
	(b)  In accordance with rules adopted by the executive 
commissioner, the director, owner, or operator of a facility or 
agency licensed by the department shall submit a complete set of 
fingerprints of each employee or prospective employee whose name is 
required to be submitted under Subsection (a) and who will provide 
direct care or have direct access to a resident or client in the 
facility or of the agency, unless the person:
		(1)  is a person for whom fingerprints have previously 
been submitted on behalf of the facility or agency under this 
section; or
		(2)  is precluded from providing direct care or having 
direct access to a resident or client in the facility or of the 
agency based on the information resulting from a completed state 
criminal history check.  
	(c)  The director, owner, or operator of a facility or agency 
licensed by the department shall ensure that the facility or agency 
complies with this section and that the facility or agency 
immediately terminates the employment of a person who, as a result 
of a background check completed under this section, is precluded 
from providing direct care or having direct access to a resident or 
client in the facility or of the agency.
	(d)  The rules adopted under Subsections (a) and (b):                   
		(1)  must require that the fingerprints be submitted in 
a form and of a quality acceptable to the Department of Public 
Safety and the Federal Bureau of Investigation for conducting a 
criminal history check;
		(2)  may require that the fingerprints be submitted 
electronically through an applicant fingerprinting service center; 
and
		(3)  shall require a facility or agency licensed by the 
department to pay to the department a fee in an amount not to exceed 
the administrative costs the department incurs in processing 
background and criminal history checks conducted under this 
section.
	(e)  A director, owner, or operator of a facility or agency 
licensed by the department commits an offense if the director, 
owner, or operator knowingly:
		(1)  fails to submit information about a person as 
required by this section or rules adopted by the executive 
commissioner to conduct background and criminal history checks with 
respect to the person; and
		(2)  employs the person at the facility or agency or 
otherwise allows the person to regularly or frequently stay or work 
at the facility or agency while residents or clients are being 
provided care.
	(f)  A director, owner, or operator of a facility or agency 
licensed by the department commits an offense if, after the date the 
director, owner, or operator discovers that, based on the results 
of a person's background or criminal history check, the person is 
precluded from providing direct care or having direct access to a 
resident or client in the facility or of the agency, the director, 
owner, or operator knowingly:
		(1)  employs the person at the facility or agency; or                  
		(2)  otherwise allows the person to regularly or 
frequently stay or work at the facility or agency while residents or 
clients are being provided care.
	(g)  An offense under Subsection (e) or (f) is a Class B 
misdemeanor. 
	SECTION ____.  Subchapter F, Chapter 411, Government Code, 
is amended by adding Section 411.1146 to read as follows:
	Sec. 411.1146.  ACCESS TO CRIMINAL HISTORY RECORD 
INFORMATION:  DEPARTMENT OF AGING AND DISABILITY SERVICES 
LICENSEES.  (a)  The Department of Aging and Disability Services is 
entitled to obtain from the department criminal history record 
information maintained by the department that relates to a person 
who is:
		(1)  an applicant for a license issued by the 
Department of Aging and Disability Services;
		(2)  an employee or an applicant for employment at a 
facility or agency licensed by the Department of Aging and 
Disability Services;
		(3)  a volunteer or applicant to be a volunteer at a 
facility or agency licensed by the Department of Aging and 
Disability Services; or
		(4)  at least 14 years of age, other than a person who 
is a resident or client of a licensed facility or licensed agency, 
who will regularly or frequently be staying or working at a licensed 
facility or working with residents or clients of a licensed agency, 
other than a person who is a resident or client of a licensed 
facility or licensed agency.
	(b)  Criminal history record information obtained by the 
Department of Aging and Disability Services under Subsection (a) 
may not be released or disclosed to any person except:
		(1)  on court order;                                                   
		(2)  with the consent of the person who is the subject 
of the criminal history record information;
		(3)  for purposes of an administrative hearing held by 
the Department of Aging and Disability Services concerning the 
person who is the subject of the criminal history record 
information; or
		(4)  as provided by Subsection (c).                                    
	(c)  The Department of Aging and Disability Services is not 
prohibited from releasing criminal history record information 
obtained under this section to:
		(1)  the person who is the subject of the criminal 
history record information; or
		(2)  a facility or agency:                                             
			(A)  that employs or is considering employing the 
person who is the subject of the criminal history record 
information; or
			(B)  at which the person regularly stays or works.                    
	(d)  Subject to Section 411.087, the Department of Aging and 
Disability Services is entitled to:
		(1)  obtain through the Federal Bureau of Investigation 
criminal history record information maintained or indexed by that 
bureau that pertains to a person described by Subsection (a); and
		(2)  obtain from any other criminal justice agency in 
this state criminal history record information maintained by that 
criminal justice agency that relates to a person described by 
Subsection (a).
	(e)  The Department of Aging and Disability Services shall 
collect and destroy criminal history record information that 
relates to a person immediately after providing the information to 
a facility or agency making an employment decision or taking a 
personnel action relating to the person who is the subject of the 
criminal history record information.
	SECTION ____.  (a)  The change in law made by this Act to 
Section 161.076(e), (f), and (g), Human Resources Code, relating to 
background and criminal history checks applies only to background 
and criminal history checks performed on or after September 1, 
2011.
	(b)  Not later than September 1, 2010, the executive 
commissioner of the Health and Human Services Commission shall 
adopt rules as required by Section 161.076, Human Resources Code, 
as added by this Act.