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A BILL TO BE ENTITLED
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AN ACT
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relating to background checks conducted by the Department of Family |
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and Protective Services for certain child-care providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.0523(b), Human Resources Code, is |
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amended to read as follows: |
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(b) Before the department may list a child-care provider's |
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home under this section, in addition to conducting the [any other] |
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background or criminal history check required under Section 42.056 |
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[for a family home listing], the department must search the central |
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database of sex offender registration records maintained by the |
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Department of Public Safety under Chapter 62, Code of Criminal |
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Procedure, to determine whether the provider is listed in the |
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registry as a sex offender. |
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SECTION 2. Sections 42.056(a-2), (a-4), and (c), Human |
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Resources Code, are amended 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 residential |
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child-care facility, listed or registered family home, day-care |
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center, before-school or after-school program, or school-age |
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program shall submit a complete set of fingerprints of each person |
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whose name is required to be submitted by the director, owner, or |
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operator under Subsection (a), unless the person is only required |
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to have the person's name submitted based on criteria specified by |
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Subsection (a)(7). This subsection does not apply to a family home |
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that is subject to regulation by the department under Section |
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42.0523 [program that is exempt from the licensing requirements of
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Section 42.041]. |
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(a-4) In accordance with rules adopted by the executive |
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commissioner, the director, owner, or operator of a facility or |
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listed or registered family home shall submit a complete set of |
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fingerprints of each person whose name is required to be submitted |
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by the director, owner, or operator under Subsection (a) if: |
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(1) the person resided in another state during the |
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five years preceding the date the person's name was required to be |
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submitted under Subsection (a); or |
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(2) the director, owner, or operator has reason to |
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suspect that the person has a criminal history in another state. |
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(c) The department by rule shall require a child-care |
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facility, child-placing agency, or listed or registered family home |
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to pay to the department a fee in an amount not to exceed the |
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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 3. This Act takes effect September 1, 2015. |