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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 operators and employees of certain facilities and |
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agencies serving children, the elderly, or persons who are |
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disabled. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.056, Human Resources Code, is amended |
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by amending Subsections (a-1), (a-2), (b), and (b-1) and adding |
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Subsection (a-3) to read as follows: |
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(a-1) In accordance with rules adopted by the executive |
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commissioner, the director, owner, or operator of a residential |
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child-care facility shall submit to the department for use in |
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conducting background and criminal history checks the name of each |
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prospective employee [who will provide direct care or have direct
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access to a child in the residential child-care facility]. |
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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 child-care |
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facility or child-placing agency [day-care center] shall submit a |
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complete set of fingerprints of each person whose name is submitted |
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by the director, owner, or operator under Subsection (a), (a-1), or |
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(a-3). 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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(a-3) In accordance with rules adopted by the executive |
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commissioner, the director, owner, or operator of a child-placing |
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agency shall, when applying to operate a child-placing agency and |
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at least once during each 24 months after receiving a license, |
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submit to the department for use in conducting background and |
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criminal history checks the name of the director, owner, and |
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operator of the child-placing agency and the name of each person |
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employed by the child-placing agency. |
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(b) The department shall conduct background and criminal |
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history checks using: |
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(1) the information provided under Subsections (a), |
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[and] (a-1), and (a-3); |
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(2) the information made available by the Department |
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of Public Safety under Section 411.114, Government Code, or by the |
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Federal Bureau of Investigation or other criminal justice agency |
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under Section 411.087, Government Code; and |
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(3) the department's records of reported abuse and |
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neglect. |
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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 |
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child-care facility [day-care center] under Subsection (a) or |
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(a-1), or by the director, owner, or operator of a child-placing |
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agency under Subsection (a-3), 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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SECTION 2. Section 43.004, Human Resources Code, is amended |
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to read as follows: |
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Sec. 43.004. QUALIFICATIONS FOR LICENSE. (a) To be |
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eligible for a child-care administrator's license a person must: |
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(1) provide information and fingerprints for the |
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department's use in conducting a criminal history and background |
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check under Subsection (c); |
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(2) pass an examination developed and administered by |
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the department that demonstrates competence in the field of |
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child-care administration; |
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(3) have one year of full-time experience in |
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management or supervision of child-care personnel and programs; and |
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(4) have one of the following educational and |
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experience qualifications: |
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(A) a master's or doctoral degree in social work |
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or other area of study; or |
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(B) a bachelor's degree and two years' full-time |
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experience in child care or a closely related field. |
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(b) To be eligible for a child-placing agency |
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administrator's license a person must: |
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(1) provide information and fingerprints for the |
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department's use in conducting a criminal history and background |
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check under Subsection (c); |
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(2) pass an examination developed and administered by |
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the department that demonstrates competence in the field of placing |
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children in residential settings or adoptive homes; |
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(3) have one year of full-time experience in |
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management or supervision of child-placing personnel and programs; |
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and |
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(4) have one of the following educational and |
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experience qualifications: |
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(A) a master's or doctoral degree in social work |
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or other area of study; or |
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(B) a bachelor's degree and two years' full-time |
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experience in the field of placing children in residential settings |
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or adoptive homes or a closely related field. |
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(c) Before the department issues a license under this |
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chapter, the department must conduct a criminal history and |
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background check of the applicant using: |
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(1) the information made available by the Department |
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of Public Safety under Section 411.114, Government Code, and [or] |
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by the Federal Bureau of Investigation or other criminal justice |
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agency under Section 411.087, Government Code; and |
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(2) the information in the central registry of |
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reported cases of child abuse or neglect established under Section |
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261.002, Family Code. |
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SECTION 3. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Section 161.076 to read as follows: |
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Sec. 161.076. REQUIRED BACKGROUND AND CRIMINAL HISTORY |
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CHECKS. (a) The director, owner, or operator of a facility or |
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agency licensed by the department shall, when applying for a |
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license from the department and at least once during each 24 months |
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after receiving a license from the department, submit to the |
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department for use in conducting background and criminal history |
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checks a complete set of fingerprints of each: |
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(1) director, owner, and operator of the facility or |
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agency; |
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(2) person employed at the facility or by the agency; |
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and |
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(3) person at least 14 years of age who will regularly |
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or frequently be staying or working at the facility or working with |
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people served by the agency. |
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(b) The director, owner, or operator of a facility or agency |
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licensed by the department shall submit to the department for use in |
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conducting background and criminal history checks the name and a |
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complete set of fingerprints of each prospective employee. |
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(c) 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 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; |
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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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and |
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(3) may require a facility or agency licensed by the |
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department to pay to the department a fee in an amount not to exceed |
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the administrative costs the department incurs in conducting a |
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background and criminal history check under this section. |
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SECTION 4. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1146 to read as follows: |
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Sec. 411.1146. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: DEPARTMENT OF AGING AND DISABILITY SERVICES. (a) The |
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Department of Aging and Disability Services is entitled to obtain |
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from the department criminal history record information maintained |
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by the department that relates to: |
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(1) a person: |
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(A) who is: |
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(i) an applicant for employment with the |
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Department of Aging and Disability Services; |
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(ii) an employee of the Department of Aging |
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and Disability Services; |
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(iii) an applicant for employment with or |
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an employee of a person that contracts with the Department of Aging |
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and Disability Services to provide services to patients who are |
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elderly or disabled; |
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(iv) a volunteer with the Department of |
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Aging and Disability Services; or |
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(v) a volunteer applicant; and |
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(B) who would be placed in direct contact with a |
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resident or client who is elderly or disabled; or |
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(2) a person who is: |
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(A) an applicant for a license issued by the |
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Department of Aging and Disability Services; |
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(B) an employee or an applicant for employment at |
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a facility or agency licensed by the Department of Aging and |
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Disability Services; or |
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(C) at least 14 years of age who will regularly or |
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frequently be staying or working at a licensed facility or working |
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with residents or clients of a licensed agency. |
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(b) Criminal history record information obtained by the |
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Department of Aging and Disability Services under Subsection (a) |
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may not be released or disclosed to any person except: |
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(1) on court order; |
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(2) with the consent of the person who is the subject |
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of the criminal history record information; |
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(3) for purposes of an administrative hearing held by |
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the Department of Aging and Disability Services concerning the |
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person who is the subject of the criminal history record |
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information; or |
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(4) as provided by Subsection (c). |
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(c) The Department of Aging and Disability Services is not |
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prohibited from releasing criminal history record information |
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obtained under this section to: |
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(1) the person who is the subject of the criminal |
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history record information; or |
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(2) a facility or agency: |
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(A) that employs or is considering employing the |
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person who is the subject of the criminal history record |
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information; or |
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(B) at which the person regularly stays or works. |
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(d) Subject to Section 411.087, the Department of Aging and |
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Disability Services is entitled to: |
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(1) obtain through the Federal Bureau of Investigation |
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criminal history record information maintained or indexed by that |
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bureau that pertains to a person described by Subsection (a); and |
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(2) obtain from any other criminal justice agency in |
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this state criminal history record information maintained by that |
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criminal justice agency that relates to a person described by |
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Subsection (a). |
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(e) The Department of Aging and Disability Services shall |
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collect and destroy criminal history record information that |
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relates to a person immediately after making an employment decision |
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or taking a personnel action relating to the person who is the |
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subject of the criminal history record information. |
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SECTION 5. (a) The changes in law made by this Act relating |
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to background and criminal history checks apply only to background |
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and criminal history checks performed on or after September 1, |
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2011. |
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(b) Not later than September 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as required by Section 161.076, Human Resources Code, |
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as added by this Act. |
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SECTION 6. This Act takes effect September 1, 2009. |