By: Zaffirini  S.B. No. 1061
         (In the Senate - Filed March 5, 2021; March 18, 2021, read
  first time and referred to Committee on Health & Human Services;
  April 19, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 19, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1061 By:  Powell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to background and criminal history checks for operators
  and employees of certain child-care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.159, Human Resources Code, is amended
  by adding Subsections (b-1), (b-2), and (c-1) to read as follows:
         (b-1)  A person subject to the background and criminal
  history check required by Subsection (a) or (b) shall submit to the
  commission a complete set of fingerprints.
         (b-2)  The executive commissioner shall adopt rules to
  implement this section. The rules adopted under this section:
               (1)  must require that the fingerprints submitted be in
  a form and of a quality acceptable to the Department of Public
  Safety and the Federal Bureau of Investigation for the purpose of
  conducting a criminal history check;
               (2)  may require that the fingerprints be submitted
  electronically through an applicant fingerprinting service center;
  and
               (3)  may allow the commission to waive a fingerprint
  submission required by this section if:
                     (A)  the person for whom the submission is
  required has:
                           (i)  a fingerprint-based criminal history
  check on file with the commission obtained under Section 411.114,
  Government Code; or
                           (ii)  a fingerprint-based criminal history
  clearinghouse record, as provided by Section 411.0845, Government
  Code, that is accessible to the commission through the Department
  of Public Safety and obtained under Section 411.114, Government
  Code; and
                     (B)  the commission has an active subscription to
  the Federal Bureau of Investigation's National Record of Arrest and
  Prosecution Back Service for the person for whom the fingerprint
  submission is required.
         (c-1)  For each person whose fingerprints are submitted
  under Subsection (b-1), the department shall conduct a state and
  Federal Bureau of Investigation criminal history check by:
               (1)  submitting the person's fingerprints, or causing
  the fingerprints to be submitted electronically, to the Department
  of Public Safety for the purpose of conducting a state and federal
  criminal history check; and
               (2)  using the resulting information made available by
  that department under Section 411.114, Government Code, and by the
  Federal Bureau of Investigation and any other criminal justice
  agency under Section 411.087, Government Code.
         SECTION 2.  Section 42.206, Human Resources Code, is amended
  by amending Subsection (b) and adding Subsections (b-1) and (c-1)
  to read as follows:
         (b)  In addition to the requirements of Subsection (a), a
  shelter shall submit a complete set of fingerprints of each person
  required to undergo a criminal history check under Subsection (a)
  [if:
               [(1)  the person has lived outside the state at any time
  during the previous five years; or
               [(2)  the shelter has reason to suspect that the person
  has a criminal history in another state].
         (b-1)  The executive commissioner shall adopt rules to
  implement this section. The rules adopted under this section:
               (1)  must require that the fingerprints submitted be in
  a form and of a quality acceptable to the Department of Public
  Safety and the Federal Bureau of Investigation for purposes of
  conducting a criminal history check;
               (2)  may require that the fingerprints be submitted
  electronically through an applicant fingerprinting service center;
  and
               (3)  may allow the commission to waive a fingerprint
  submission required by this section if:
                     (A)  the person for whom the submission is
  required has:
                           (i)  a fingerprint-based criminal history
  check on file with the commission obtained under Section 411.114,
  Government Code; or
                           (ii)  a fingerprint-based criminal history
  clearinghouse record, as provided by Section 411.0845, Government
  Code, that is accessible to the commission through the Department
  of Public Safety and obtained under Section 411.114, Government
  Code; and
                     (B)  the commission has an active subscription to
  the Federal Bureau of Investigation's National Record of Arrest and
  Prosecution Back Service for the person for whom the fingerprint
  submission is required.
         (c-1)  For each person whose fingerprints are submitted
  under Subsection (b), the department shall conduct a state and
  Federal Bureau of Investigation criminal history check by:
               (1)  submitting the person's fingerprints, or causing
  the fingerprints to be submitted electronically, to the Department
  of Public Safety for the purpose of conducting a state and federal
  criminal history check; and
               (2)  using the resulting information made available by
  that department under Section 411.114, Government Code, and by the
  Federal Bureau of Investigation and any other criminal justice
  agency under Section 411.087, Government Code.
         SECTION 3.  This Act takes effect September 1, 2021.
 
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