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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of background and criminal history check |
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requirements for certain employees of and applicants for employment |
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with the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0182 to read as follows: |
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Art. 42.0182. REPORT CONCERNING OFFENSES COMMITTED BY |
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DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES EMPLOYEES. Not later |
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than the fifth day after the date an employee of the Department of |
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Family and Protective Services who is engaged in the direct |
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delivery of protective services to children, elderly persons, or |
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persons with disabilities is convicted of or granted deferred |
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adjudication for an offense, the clerk of the court in which the |
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conviction or order of deferred adjudication is entered shall |
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provide to the Department of Family and Protective Services written |
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notice of the person's conviction or deferred adjudication, |
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including the offense on which the conviction or deferred |
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adjudication was based. |
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SECTION 2. Subchapter C, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.0541 to read as follows: |
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Sec. 40.0541. REQUIRED BACKGROUND AND CRIMINAL HISTORY |
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CHECKS. (a) The department shall require the following persons to |
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submit a complete set of fingerprints to the department for use in |
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conducting background and criminal history checks: |
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(1) an applicant selected for a position with the |
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department, the duties of which include direct delivery of |
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protective services to children, elderly persons, or persons with a |
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disability; and |
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(2) an employee of the department who: |
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(A) is engaged in the direct delivery of |
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protective services to children, elderly persons, or persons with a |
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disability; and |
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(B) has not previously submitted fingerprints to |
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the department for use in conducting background and criminal |
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history checks. |
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(b) The department shall obtain criminal history record |
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information in accordance with Section 411.114, Government Code, |
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that pertains to a person described by Subsection (a) and is |
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maintained or indexed by the Federal Bureau of Investigation. |
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(c) The department shall subscribe to the criminal history |
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clearinghouse established by the Department of Public Safety under |
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Section 411.0845, Government Code, for updates to criminal history |
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record information for an employee of the department who is engaged |
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in the direct delivery of protective services to children, elderly |
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persons, or persons with a disability. |
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(d) The executive commissioner shall adopt rules necessary |
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to administer this section. The rules adopted under this section: |
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(1) must require that fingerprints be submitted in a |
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form and of a quality acceptable to the Department of Public Safety |
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and the Federal Bureau of Investigation for conducting a criminal |
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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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SECTION 3. Article 42.0182, Code of Criminal Procedure, as |
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added by this Act, applies only to a conviction of or grant of |
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deferred adjudication to an employee of the Department of Family |
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and Protective Services entered on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |