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AN ACT
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relating to requiring certain information before being employed by |
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a child-care facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0563 to read as follows: |
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Sec. 42.0563. PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant |
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for a position with a child-care facility must submit, using a form |
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adopted by the department, a pre-employment affidavit disclosing |
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whether the applicant has ever been charged with, adjudicated for, |
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or convicted of having an inappropriate relationship with a minor. |
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(b) An applicant who answers affirmatively concerning an |
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inappropriate relationship with a minor must disclose in the |
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affidavit all relevant facts pertaining to the charge, |
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adjudication, or conviction, including, for a charge, whether the |
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charge was determined to be true or false. |
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(c) An applicant is not precluded from being employed based |
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on a disclosed charge if the employing entity determines based on |
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the information disclosed in the affidavit that the charge was |
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false. |
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(d) A determination that an employee failed to disclose |
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information required to be disclosed by an applicant under this |
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section is grounds for termination of employment. |
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SECTION 2. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1469 passed the Senate on |
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April 20, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1469 passed the House on |
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May 4, 2023, by the following vote: Yeas 144, Nays 1, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |