S.B. No. 1496
 
 
 
 
AN ACT
  relating to background checks conducted by the Department of Family
  and Protective Services for certain child-care providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.0523(b), Human Resources Code, is
  amended to read as follows:
         (b)  Before the department may list a child-care provider's
  home under this section, in addition to conducting the [any other]
  background or criminal history check required under Section 42.056
  [for a family home listing], the department must search the central
  database of sex offender registration records maintained by the
  Department of Public Safety under Chapter 62, Code of Criminal
  Procedure, to determine whether the provider is listed in the
  registry as a sex offender.
         SECTION 2.  Sections 42.056(a-2) and (a-4), Human Resources
  Code, and Section 42.056(c), Human Resources Code, as amended by
  S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are
  amended to read as follows:
         (a-2)  In accordance with rules adopted by the executive
  commissioner, the director, owner, or operator of a residential
  child-care facility, listed or registered family home, group
  day-care home, day-care center, before-school or after-school
  program, or school-age program shall submit a complete set of
  fingerprints of each person whose name is required to be submitted
  by the director, owner, or operator under Subsection (a), unless
  the person is only required to have the person's name submitted
  based on criteria specified by Subsection (a)(7).  This subsection
  does not apply to a family home that is subject to regulation by the
  department under Section 42.0523 [program that is exempt from the
  licensing requirements of Section 42.041].
         (a-4)  In accordance with rules adopted by the executive
  commissioner, the director, owner, or operator of a facility or
  listed or registered family home shall submit a complete set of
  fingerprints of each person whose name is required to be submitted
  by the director, owner, or operator under Subsection (a) if:
               (1)  the person resided in another state during the
  five years preceding the date the person's name was required to be
  submitted under Subsection (a); or
               (2)  the director, owner, or operator has reason to
  suspect that the person has a criminal history in another state.
         (c)  The executive commissioner by rule shall require a
  child-care facility, child-placing agency, or listed or registered
  family home to pay to the department a fee in an amount not to exceed
  the administrative costs the department incurs in conducting a
  background and criminal history check under this section.
         SECTION 3.  This Act takes effect September 1, 2016.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1496 passed the Senate on
  April 22, 2015, by the following vote:  Yeas 29, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1496 passed the House on
  May 27, 2015, by the following vote:  Yeas 128, Nays 18,
  one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor