AN ACT

 1-1     relating to the continuation and operation of the Department of

 1-2     Protective and Regulatory Services, the provision of services to

 1-3     children and families, and suits affecting the parent-child

 1-4     relationship; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 40.001, Human Resources Code, is amended

 1-7     by adding Subdivision (5) to read as follows:

 1-8                 (5)  "Family preservation" includes the protection of

 1-9     parents and their children from needless family disruption because

1-10     of unfounded accusations of child abuse or neglect.  It does not

1-11     include the provision of state social services for the

1-12     rehabilitation of parents convicted of abusing or neglecting their

1-13     children.

1-14           SECTION 2.  Subsection (b), Section 40.002, Human Resources

1-15     Code, is amended to read as follows:

1-16           (b)  The department is the state agency with primary

1-17     responsibility for:

1-18                 (1)  providing protective services for children and

1-19     elderly and disabled persons, including investigations of alleged

1-20     abuse, neglect, or exploitation in facilities of the Texas

1-21     Department of Mental Health and Mental Retardation;

1-22                 (2)  providing family support and family preservation

1-23     services which respect the fundamental right of parents to control

 2-1     the education and upbringing of their children; and

 2-2                 (3)  regulating child-care facilities and child-care

 2-3     administrators.

 2-4           SECTION 3.  Section 40.003, Human Resources Code, is amended

 2-5     to read as follows:

 2-6           Sec. 40.003.  SUNSET PROVISION.  The Department of Protective

 2-7     and Regulatory Services is subject to Chapter 325, Government Code

 2-8     (Texas Sunset Act).  Unless continued in existence as provided by

 2-9     that chapter, the department is abolished and this chapter expires

2-10     September 1, 2009 [1997].

2-11           SECTION 4.  Subchapter A, Chapter 40, Human Resources Code,

2-12     is amended by amending Section 40.004 and adding Section 40.0041 to

2-13     read as follows:

2-14           Sec. 40.004.  PUBLIC INTEREST INFORMATION [AND COMPLAINTS].

2-15     (a)  The board [department] shall develop and implement policies

2-16     that provide the public with a reasonable opportunity to appear

2-17     before the board [department] and to speak on any issue under the

2-18     jurisdiction of the department.

2-19           (b)  The department shall prepare information of public

2-20     interest describing the functions of the department [and the

2-21     department's procedures by which complaints are filed with and

2-22     resolved by the department].  The department shall make the

2-23     information available to the public and appropriate state agencies.

2-24           [(c)  The department by rule shall establish methods by which

2-25     the public, consumers, and service recipients can be notified of

 3-1     the mailing addresses and telephone numbers of appropriate

 3-2     departmental personnel for the purpose of directing complaints to

 3-3     the department.  The department may provide for that notification:]

 3-4                 [(1)  on each registration form, application, or

 3-5     written contract for services of a person regulated by the

 3-6     department;]

 3-7                 [(2)  on a sign prominently displayed in the place of

 3-8     business of each person regulated by the department; or]

 3-9                 [(3)  in a bill for a service provided by a person

3-10     regulated by the department.]

3-11           [(d)  The department shall keep an information file about

3-12     each complaint filed with the department relating to:]

3-13                 [(1)  a license holder or entity regulated by the

3-14     department; or]

3-15                 [(2)  a service delivered by the department.]

3-16           [(e)  If a written complaint is filed with the department

3-17     relating to a license holder or entity regulated by the department

3-18     or a service delivered by the department, the department, at least

3-19     quarterly and until final disposition of the complaint, shall

3-20     notify the parties to the complaint of the status of the complaint

3-21     unless notice would jeopardize an undercover investigation.]

3-22           Sec. 40.0041.  COMPLAINT PROCESS.  (a)  The department shall

3-23     develop and implement a uniform process for receiving and resolving

3-24     complaints against the department throughout the state.  The

3-25     process shall include:

 4-1                 (1)  statewide procedures through which the public,

 4-2     consumers, and service recipients are informed:

 4-3                       (A)  of the right to make a complaint against the

 4-4     department, including the mailing addresses and telephone numbers

 4-5     of appropriate department personnel responsible for receiving

 4-6     complaints and providing related assistance; and

 4-7                       (B)  of the department's procedures for resolving

 4-8     a complaint, including the right to appeal a decision made at the

 4-9     local level;

4-10                 (2)  development and statewide distribution of a form

4-11     or telephone system that may be used to make a complaint;

4-12                 (3)  a requirement that the department provide

4-13     information by mail or telephone regarding the department's

4-14     procedures for investigating and resolving a complaint to each

4-15     person who makes a complaint; and

4-16                 (4)  a requirement that the department provide status

4-17     information at least quarterly to a person with a pending complaint

4-18     against the department, unless the information would jeopardize an

4-19     undercover investigation.

4-20           (b)  In addition to other appropriate methods, the department

4-21     may provide the information specified by Subsection (a)(1):

4-22                 (1)  on each registration form, application, or written

4-23     contract for services of a person regulated by the department;

4-24                 (2)  on a sign prominently displayed in the place of

4-25     business of each person regulated by the department; or

 5-1                 (3)  in a bill for service provided by a person

 5-2     regulated by the department.

 5-3           (c)  The department shall keep an information file about each

 5-4     complaint made against the department that the department has

 5-5     authority to resolve.

 5-6           (d)  The executive director shall develop a consistent,

 5-7     statewide process for addressing an appeal by a person dissatisfied

 5-8     with the resolution of a complaint at the regional level.  The

 5-9     process shall include an opportunity for appeal of a complaint

5-10     without the participation of the department's ombudsman office.

5-11           (e)  The department shall develop and maintain a centralized

5-12     tracking system to gather information concerning all complaints

5-13     made against the department throughout the state.  The department

5-14     shall require its personnel to provide information regarding each

5-15     complaint for inclusion in records maintained under the tracking

5-16     system at the department's state headquarters, regardless of the

5-17     location or level at which the complaint is initiated or resolved.

5-18     The department shall require at least the following information to

5-19     be maintained for each complaint:

5-20                 (1)  the date the complaint is received;

5-21                 (2)  the name of the person making the complaint;

5-22                 (3)  the subject matter of the complaint;

5-23                 (4)  a record of all persons contacted by the

5-24     department in relation to the complaint;

5-25                 (5)  a summary of the results of the review or

 6-1     investigation of the complaint; and

 6-2                 (6)  for each complaint determined by the department to

 6-3     require no corrective action, an explanation of the reason that the

 6-4     complaint was closed without action.

 6-5           (f)  The department shall periodically prepare and deliver

 6-6     reports to the board and the executive director regarding the

 6-7     number, type, and resolution of complaints made in the state

 6-8     against the department.

 6-9           SECTION 5.  Subchapter A, Chapter 40, Human Resources Code,

6-10     is amended by adding Section 40.008 to read as follows:

6-11           Sec. 40.008.  PROGRAM ACCESSIBILITY.  The department shall

6-12     comply with federal and state laws related to program and facility

6-13     accessibility.  The department shall also prepare and maintain a

6-14     written plan that describes how a person who does not speak English

6-15     can be provided reasonable access to the department's programs and

6-16     services.

6-17           SECTION 6.  Subsection (a), Section 40.021, Human Resources

6-18     Code, is amended to read as follows:

6-19           (a)  The board is composed of six members appointed by the

6-20     governor with the advice and consent of the senate.  The governor

6-21     shall [annually] designate one member to be the presiding officer

6-22     of the board to serve in that capacity at the pleasure of the

6-23     governor.

6-24           SECTION 7.  Section 40.022, Human Resources Code, is amended

6-25     to read as follows:

 7-1           Sec. 40.022.  RESTRICTIONS ON BOARD APPOINTMENT OR

 7-2     MEMBERSHIP.  (a)  A person is not eligible for appointment as a

 7-3     member of the board if the person or the person's spouse:

 7-4                 (1)  is a person who is employed by or participates in

 7-5     the management of a business entity or other organization regulated

 7-6     by the department or receiving funds [a substantial amount of

 7-7     money] from the department;

 7-8                 (2)  owns or controls, directly or indirectly, more

 7-9     than a 10 percent interest in a business entity or other

7-10     organization that is regulated by the department or that receives

7-11     funds [money] from the department;

7-12                 (3)  uses or receives a substantial amount of tangible

7-13     goods, services, or money from the department, other than

7-14     compensation or reimbursement authorized by law for board

7-15     membership, attendance, or expenses [incurred as a board member],

7-16     or as a client or a parent or guardian of a client receiving

7-17     services from the department; or

7-18                 (4)  is an employee, officer, or paid consultant of a

7-19     trade association in a field under the jurisdiction of the

7-20     department.

7-21           (b)  In addition to the requirements of Subsection (a), a

7-22     person is not eligible for appointment as a public member of the

7-23     board if the person or the person's spouse is registered,

7-24     certified, or licensed by an occupational regulatory agency in a

7-25     field under the jurisdiction of the department.  [A person who is

 8-1     required to register as a lobbyist under Chapter 305, Government

 8-2     Code, because of the person's activities for compensation in or for

 8-3     a profession related to the operation of the department may not

 8-4     serve as a member of the board.]

 8-5           SECTION 8.  Subchapter B, Chapter 40, Human Resources Code,

 8-6     is amended by adding Section 40.0225 to read as follows:

 8-7           Sec. 40.0225.  RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES.

 8-8     (a)  An officer, employee, or paid consultant of a Texas trade

 8-9     association in a field under the jurisdiction of the department may

8-10     not be a member of the board or an employee of the department who

8-11     is exempt from the state's position classification plan or is

8-12     compensated at or above the amount prescribed by the General

8-13     Appropriations Act for step 1, salary group 17, of the position

8-14     classification salary schedule.

8-15           (b)  A person who is the spouse of an officer, manager, or

8-16     paid consultant of a Texas trade association in a field under the

8-17     jurisdiction of the department may not be a member of the board and

8-18     may not be an employee of the department who is exempt from the

8-19     state's position classification plan or is compensated at or above

8-20     the amount prescribed by the General Appropriations Act for step 1,

8-21     salary group 17, of the position classification salary schedule.

8-22           (c)  A person may not serve as a member of the board or act

8-23     as the general counsel to the board or the department if the person

8-24     is required to register as a lobbyist under Chapter 305, Government

8-25     Code, because of the person's activities for compensation on behalf

 9-1     of a profession related to the operation of the department.

 9-2           (d)  For the purposes of this section, a Texas trade

 9-3     association is a nonprofit, cooperative, and voluntarily joined

 9-4     association of business or professional competitors in this state

 9-5     designed to assist its members and its industry or profession in

 9-6     dealing with mutual business or professional problems and in

 9-7     promoting their common interest.

 9-8           SECTION 9.  Subchapter B, Chapter 40, Human Resources Code,

 9-9     is amended by adding Section 40.0226 to read as follows:

9-10           Sec. 40.0226.  BOARD MEMBER TRAINING.  (a)  Before a member

9-11     of the board may assume the member's duties and before the member

9-12     may be confirmed by the senate, the member must complete at least

9-13     one course of the training program established under this section.

9-14           (b)  A training program established under this section shall

9-15     provide information to the member regarding:

9-16                 (1)  the enabling legislation that created the

9-17     department and the board;

9-18                 (2)  the programs operated by the department;

9-19                 (3)  the role and functions of the department;

9-20                 (4)  the rules of the department, with an emphasis on

9-21     the rules that relate to disciplinary and investigatory authority;

9-22                 (5)  the current budget for the department;

9-23                 (6)  the results of the most recent formal audit of the

9-24     department;

9-25                 (7)  the requirements of the:

 10-1                      (A)  open meetings law, Chapter 551, Government

 10-2    Code;

 10-3                      (B)  open records law, Chapter 552, Government

 10-4    Code; and

 10-5                      (C)  administrative procedure law, Chapter 2001,

 10-6    Government Code;

 10-7                (8)  the requirements of the conflict-of-interest laws

 10-8    and other laws relating to public officials; and

 10-9                (9)  any applicable ethics policies adopted by the

10-10    board or the Texas Ethics Commission.

10-11          SECTION 10.  Subsection (b), Section 40.028, Human Resources

10-12    Code, is amended to read as follows:

10-13          (b)  The board shall:

10-14                (1)  supervise the executive director's administration

10-15    and enforcement of the laws of this state that impose duties on the

10-16    department or board; and

10-17                (2)  develop and implement policies that clearly

10-18    separate the policymaking [respective] responsibilities of the

10-19    board and the management responsibilities of the executive director

10-20    and the staff of the department.

10-21          SECTION 11.  Section 40.029, Human Resources Code, is amended

10-22    to read as follows:

10-23          Sec. 40.029.  RULES.  (a)  The board shall propose and adopt

10-24    rules to:

10-25                (1)  ensure the department's compliance with state and

 11-1    federal law; and

 11-2                (2)  facilitate the implementation of departmental

 11-3    programs.

 11-4          (b)  The board shall propose and adopt rules that further the

 11-5    policy of family preservation.

 11-6          SECTION 12.  Subchapter B, Chapter 40, Human Resources Code,

 11-7    is amended by adding Section 40.0305 to read as follows:

 11-8          Sec. 40.0305.  STRATEGIC TECHNOLOGY STEERING COMMITTEE.

 11-9    (a)  The department shall establish a strategic technology steering

11-10    committee within the department to evaluate major information

11-11    technology project proposals.

11-12          (b)  The steering committee shall consist of the department's

11-13    information resources manager and other department employees

11-14    designated by the executive director from senior management,

11-15    information technology staff, and employees who are primary users

11-16    of information resources.  The information resources manager shall

11-17    serve as presiding officer of the committee.

11-18          (c)  The steering committee shall prioritize the department's

11-19    major information technology project proposals and provide

11-20    oversight and coordination of the projects.

11-21          (d)  In evaluating major information technology project

11-22    proposals, the steering committee shall:

11-23                (1)  assess the major information needs of the

11-24    department;

11-25                (2)  define standard criteria for setting priorities

 12-1    for the department's information needs;

 12-2                (3)  forecast the returns to the department on project

 12-3    investments;

 12-4                (4)  evaluate the department's available information

 12-5    resources; and

 12-6                (5)  review, approve, and evaluate the status of

 12-7    projected costs and benefits related to project proposals.

 12-8          (e)  The steering committee shall make recommendations to the

 12-9    executive director based on the committee's performance of its

12-10    duties.

12-11          SECTION 13.  Section 40.032, Human Resources Code, is amended

12-12    to read as follows:

12-13          Sec. 40.032.  PERSONNEL.  (a)  The executive director may

12-14    employ personnel necessary to administer the department's duties.

12-15          (b)  The executive director or the executive director's

12-16    designated representative shall develop an intradepartmental career

12-17    ladder program that addresses opportunities for mobility and

12-18    advancement for employees within the department.  The program[, one

12-19    part of which] shall require the intradepartmental posting of all

12-20    [non-entry-level] positions concurrently with any public posting.

12-21          (c)  The executive director or the executive director's

12-22    designated representative shall develop a system of annual

12-23    performance evaluations based on measurable job tasks.  All merit

12-24    pay for department employees must be based on the system

12-25    established under this subsection.

 13-1          (d)  The executive director or the executive director's

 13-2    designated representative shall provide to members of the board and

 13-3    to the department's employees, as often as is necessary,

 13-4    information regarding their qualifications for office or employment

 13-5    under this chapter and their responsibilities under applicable laws

 13-6    relating to standards of conduct for state officers or employees.

 13-7          (e)  The executive director or the executive director's

 13-8    designated representative shall prepare and maintain a written

 13-9    policy statement to ensure implementation of a program of equal

13-10    employment opportunity under which all personnel transactions are

13-11    made without regard to race, color, disability, sex, religion, age,

13-12    or national origin.  The policy statement must include:

13-13                (1)  personnel policies, including policies relating to

13-14    recruitment, evaluation, selection, appointment, training, and

13-15    promotion of personnel, that comply with Chapter 21, Labor Code;

13-16                (2)  a comprehensive analysis of the department's

13-17    workforce that meets federal and state laws, rules, and regulations

13-18    and instructions adopted under those laws, rules, and regulations

13-19    [guidelines];

13-20                (3)  procedures by which a determination can be made

13-21    about the extent of [significant] underuse in the department's

13-22    workforce of all persons for whom federal or state laws, rules, and

13-23    regulations and instructions adopted under those laws, rules, and

13-24    regulations [guidelines] encourage a more equitable balance; and

13-25                (4)  reasonable methods to appropriately address those

 14-1    areas of [significant] underuse [in the department's workforce of

 14-2    all persons for whom federal or state guidelines encourage a more

 14-3    equitable balance].

 14-4          (f)  The policy statement required under Subsection (e)

 14-5    shall:

 14-6                (1)  be filed with the governor's office;

 14-7                (2)  [,] cover an annual period;

 14-8                (3)  [, and] be updated at least annually; and

 14-9                (4)  be reviewed by the Commission on Human Rights for

14-10    compliance with Subsection (e)(1).

14-11          (g)  The governor's office shall develop and deliver a

14-12    biennial report to the legislature based on the information

14-13    submitted under Subsection (f).  The report may be made separately

14-14    or as a part of other biennial reports made to the legislature.

14-15          SECTION 14.  Section 40.051, Human Resources Code, is amended

14-16    to read as follows:

14-17          Sec. 40.051.  STRATEGIC PLAN FOR DEPARTMENT.  The department

14-18    shall develop a departmental strategic plan based on the goals and

14-19    priorities stated in the commission's coordinated strategic plan

14-20    for health and human services.  The department shall also develop

14-21    its plan based on furthering the policy of family preservation.

14-22          SECTION 15.  Section 40.052, Human Resources Code, is amended

14-23    to read as follows:

14-24          Sec. 40.052.  DUTIES RELATING TO DELIVERY OF SERVICES.  The

14-25    department shall:

 15-1                (1)  propose and implement service delivery standards

 15-2    for departmental programs;

 15-3                (2)  provide training and technical assistance to

 15-4    regional and local service providers;

 15-5                (3)  provide joint training on the investigation of

 15-6    reports of child abuse or neglect to department personnel and law

 15-7    enforcement personnel in appropriate state and local law

 15-8    enforcement agencies;

 15-9                (4)  develop and implement systems for monitoring

15-10    departmental program performance and service delivery;

15-11                (5) [(4)]  promote innovative service delivery at the

15-12    local level; and

15-13                (6) [(5)]  cooperate and coordinate as appropriate with

15-14    other governmental entities in the delivery of services.

15-15          SECTION 16.  Subchapter C, Chapter 40, Human Resources Code,

15-16    is amended by adding Sections 40.0522 and 40.0523 to read as

15-17    follows:

15-18          Sec. 40.0522.  COMMUNITY EDUCATION AND TRAINING RELATING TO

15-19    CHILD ABUSE OR NEGLECT.  (a)  The department shall assure the

15-20    availability of community education programs designed to improve

15-21    participation of the general public in preventing, identifying, and

15-22    treating cases of child abuse or neglect, including parent

15-23    education programs.

15-24          (b)  The department shall assure that training concerning

15-25    child abuse or neglect is available to professionals who are

 16-1    required by law to report, investigate, or litigate those cases.

 16-2          Sec. 40.0523.  MULTIDISCIPLINARY TEAMS.  (a)  To the extent

 16-3    possible, the department shall establish multidisciplinary teams to

 16-4    provide services relating to a report of child abuse or neglect.  A

 16-5    multidisciplinary team shall include professionals in parent

 16-6    education and in each professional discipline necessary to provide

 16-7    comprehensive medical and psychological services to a child who is

 16-8    the subject of a report and to members of the child's household.

 16-9          (b)  Members of a multidisciplinary team may exchange

16-10    information relating to a report of child abuse or neglect as

16-11    necessary to facilitate a thorough investigation of the report.

16-12    The department may adopt rules governing the exchange of

16-13    information between team members.

16-14          (c)  A multidisciplinary team established under this section

16-15    shall coordinate services provided by the department to a child and

16-16    to members of the child's household with services available from

16-17    other sources, including public and private agencies in the

16-18    community.  The goal of the multidisciplinary team is to provide

16-19    the greatest range of services possible without duplication of

16-20    effort.

16-21          (d)  The department shall establish a process by which

16-22    members of a multidisciplinary team are involved in the

16-23    department's development and implementation of procedures relating

16-24    to coordination of the department's child abuse or neglect services

16-25    with services provided by other public and private agencies.

 17-1          SECTION 17.  Subchapter C, Chapter 40, Human Resources Code,

 17-2    is amended by adding Section 40.0525 to read as follows:

 17-3          Sec. 40.0525.  SEPARATION OF INVESTIGATORY AND SERVICE

 17-4    DELIVERY FUNCTIONS.  (a)  To the extent feasible, the department

 17-5    shall separate the performance of investigations by department

 17-6    employees from the delivery of services to clients and their

 17-7    families.  The department may take into consideration the needs and

 17-8    caseloads in the different programs and regions of the state in

 17-9    developing policies for the separation of the department's

17-10    investigatory and service delivery functions.

17-11          (b)  The department shall develop policies and procedures for

17-12    the exchange of information between employees who are responsible

17-13    for performing investigations and employees who are responsible for

17-14    the delivery of services to clients and families.

17-15          (c)  This section does not require the department to

17-16    establish separate departments for investigations and service

17-17    delivery.

17-18          SECTION 18.  Subchapter C, Chapter 40, Human Resources Code,

17-19    is amended by adding Sections 40.0563, 40.0564, and 40.0565 to read

17-20    as follows:

17-21          Sec. 40.0563.  COUNTY OUTREACH PROGRAM.  (a)  The department

17-22    shall develop and implement a standard statewide outreach program

17-23    under which the department:

17-24                (1)  informs each county of the availability of federal

17-25    funds to pay costs of providing child protective services within

 18-1    the county; and

 18-2                (2)  provides technical assistance on request to a

 18-3    county seeking federal funds.

 18-4          (b)  In implementing the program, the department shall:

 18-5                (1)  designate local department personnel responsible

 18-6    for performing the functions specified in Subsection (a);

 18-7                (2)  designate a statewide coordinator responsible for

 18-8    coordinating the activities of local department personnel and

 18-9    developing methods of providing information to counties; and

18-10                (3)  develop a database that:

18-11                      (A)  identifies department and county personnel

18-12    involved with the outreach program; and

18-13                      (B)  contains information regarding the date and

18-14    type of assistance provided by the department to each county.

18-15          (c)  The department, in consultation with the Legislative

18-16    Budget Board, shall ensure that a record is maintained of the

18-17    amount of funding for child protective services that each county

18-18    receives directly from the federal government.

18-19          Sec. 40.0564.  DEPARTMENT FUNDS.  All money paid to the

18-20    department under this chapter is subject to Subchapter F, Chapter

18-21    404, Government Code.

18-22          Sec. 40.0565.  REPORT.  The department shall file with the

18-23    governor and the presiding officer of each house of the legislature

18-24    a complete and detailed written report accounting for all funds

18-25    received and disbursed by the department during the preceding

 19-1    fiscal year.  The annual report must meet the reporting

 19-2    requirements, including reporting deadlines, applicable to

 19-3    financial reporting in the General Appropriations Act.

 19-4          SECTION 19.  Section 40.058, Human Resources Code, is amended

 19-5    to read as follows:

 19-6          Sec. 40.058.  CONTRACTS AND AGREEMENTS.  (a)  The department

 19-7    may enter into contracts or agreements with any person, including a

 19-8    federal, state, or other public or private agency, as necessary to

 19-9    perform any of the department's powers or duties.

19-10          (b)  A contract for the purchase of program-related client

19-11    services must include:

19-12                (1)  clearly defined goals and outcomes that can be

19-13    measured to determine whether the objectives of the program are

19-14    being achieved;

19-15                (2)  clearly defined sanctions or penalties for

19-16    noncompliance with contract terms; and

19-17                (3)  clearly specified accounting, reporting, and

19-18    auditing requirements applicable to money received under the

19-19    contract.

19-20          (c)  The department shall monitor a contractor's performance

19-21    under a contract for the purchase of program-related client

19-22    services.  In monitoring performance, the department shall:

19-23                (1)  use a risk-assessment methodology to ensure

19-24    compliance with financial and performance requirements under the

19-25    contract; and

 20-1                (2)  obtain and evaluate program cost information to

 20-2    ensure that all costs, including administrative costs, are

 20-3    reasonable and necessary to achieve program objectives.

 20-4          (d)  An agreement made under this section is not subject to

 20-5    Chapter 771 or 791, Government Code.

 20-6          (e)  This section does not prohibit the department from

 20-7    entering into a contract or agreement subject to Chapter 771 or

 20-8    791, Government Code, for a purpose authorized in the applicable

 20-9    chapter.

20-10          SECTION 20.  Section 40.061, Human Resources Code, is amended

20-11    by amending Subsection (a) and adding Subsection (c) to read as

20-12    follows:

20-13          (a)  A department employee, a member of a multidisciplinary

20-14    team established under Section 40.0523, or an authorized department

20-15    volunteer  who performs a departmental duty or responsibility is

20-16    immune from civil or criminal liability for any act or omission

20-17    that relates to the duty or responsibility if the person acted in

20-18    good faith and within the scope of the person's authority.

20-19          (c)  This section does not provide immunity to a department

20-20    employee who, in a suit affecting the parent-child relationship in

20-21    which child abuse is alleged or that arises out of a child abuse

20-22    investigation, in a criminal prosecution for an offense in which

20-23    child abuse is an element, or in the preparation of the suit or

20-24    prosecution:

20-25                (1)  commits or attempts to commit perjury;

 21-1                (2)  fabricates or attempts to fabricate evidence;

 21-2                (3)  knowingly conceals or intentionally withholds

 21-3    information that would establish that a person alleged to have

 21-4    committed child abuse did not commit child abuse; or

 21-5                (4)  violates state or federal law in the investigation

 21-6    or prosecution of the suit.

 21-7          SECTION 21.  Section 40.062, Human Resources Code, is amended

 21-8    to read as follows:

 21-9          Sec. 40.062.  EXEMPTION FROM CERTAIN COSTS AND FEES.  The

21-10    department is not required to pay any cost or fee otherwise imposed

21-11    for court proceedings, including a:

21-12                (1)  filing fee or fee for issuance or service of

21-13    process imposed by Section 110.002 [14.13], Family Code, or by

21-14    Section 51.317, 51.318(b)(2), or 51.319, Government Code;

21-15                (2)  transfer fee imposed by Section 110.002 [11.06(l)]

21-16    or 110.005 [14.13], Family Code;

21-17                (3)  court reporter fee imposed by Section 51.601,

21-18    Government Code;

21-19                (4)  judicial fund fee imposed by Sections 51.701 and

21-20    51.702, Government Code;

21-21                (5)  judge's fee imposed by Section 25.0008, 25.00263,

21-22    or 25.0029, Government Code; or

21-23                (6)  cost or security fee imposed by Section 12 or 622,

21-24    Probate Code.

21-25          SECTION 22.  Subchapter C, Chapter 40, Human Resources Code,

 22-1    is amended by adding Sections 40.066 through 40.069 to read as

 22-2    follows:

 22-3          Sec. 40.066.  COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE

 22-4    HEARINGS.  (a)  Except as provided by Subsection (e), the

 22-5    department and the chief administrative law judge of the State

 22-6    Office of Administrative Hearings shall adopt a memorandum of

 22-7    understanding under which the State Office of Administrative

 22-8    Hearings, on behalf of the department, conducts all contested case

 22-9    hearings authorized or required by law to be conducted by the

22-10    department under the administrative procedure law, Chapter 2001,

22-11    Government Code.

22-12          (b)  The memorandum of understanding shall require the chief

22-13    administrative law judge, the department, and the executive

22-14    director to cooperate in connection with a  contested case hearing

22-15    and may authorize the State Office of Administrative Hearings to

22-16    perform any administrative act, including giving of notice, that is

22-17    required to be performed by the department or executive director.

22-18          (c)  The administrative law judge who conducts a contested

22-19    case hearing for the State Office of Administrative Hearings on

22-20    behalf of the department shall enter the final decision in the case

22-21    after completion of the hearing.

22-22          (d)  The department by interagency contract shall reimburse

22-23    the State Office of Administrative Hearings for the costs incurred

22-24    in conducting contested case hearings for the department.  The

22-25    department may pay an hourly fee for the costs of conducting those

 23-1    hearings or a fixed annual fee negotiated biennially by the

 23-2    department and the State Office of Administrative Hearings to

 23-3    coincide with the department's legislative appropriations request.

 23-4          (e)  This section does not apply to a personnel grievance

 23-5    hearing involving a department employee.

 23-6          Sec. 40.067.  DELIVERY OF SERVICES IN AREAS BORDERING UNITED

 23-7    MEXICAN STATES.  The department shall:

 23-8                (1)  study issues related to providing child and adult

 23-9    protective services in areas bordering the United Mexican States;

23-10                (2)  develop a plan for providing those services in the

23-11    most efficient manner; and

23-12                (3)  pursue and enter into agreements for coordinated

23-13    services, to the extent permissible under federal law, with the

23-14    United Mexican States or any of its political subdivisions.

23-15          Sec. 40.068.  LOCAL ACCOUNTS.  (a)  The department may

23-16    establish and maintain local bank or savings accounts for a client

23-17    of the department as necessary to administer funds belonging to the

23-18    client or received in trust for or on behalf of the client.

23-19          (b)  Funds maintained in an account for the benefit of a

23-20    child who is under the managing conservatorship of the department

23-21    may be used by the department for the support of the child,

23-22    including the payment of foster care expenses, or may be paid to a

23-23    person providing care for the child.

23-24          (c)  The department shall spend funds in a guardianship of a

23-25    client's estate in compliance with Chapter XIII, Texas Probate

 24-1    Code.

 24-2          (d)  Except as provided by Subsection (c), funds maintained

 24-3    in  an  account  for the benefit of a client of the department may

 24-4    be  used  to  provide  care,  including  medical  care,  for  the

 24-5    client.

 24-6          Sec. 40.069.  REQUIRED AFFIDAVIT FOR APPLICANTS FOR

 24-7    EMPLOYMENT.  (a)  An applicant for temporary or permanent

 24-8    employment with the department whose employment or potential

 24-9    employment with the department involves direct interactions with or

24-10    the opportunity to interact and associate with children must

24-11    execute and submit the following affidavit with the application for

24-12    employment:

24-13    STATE OF ____________

24-14    COUNTY OF ____________

24-15          I swear or affirm under penalty of perjury that I do not now

24-16    and I have not at any time, either as an adult or as a juvenile:

24-17          1.  Been convicted of;

24-18          2.  Pleaded guilty to (whether or not resulting in a

24-19    conviction);

24-20          3.  Pleaded nolo contendere or no contest to;

24-21          4.  Admitted;

24-22          5.  Had any judgment or order rendered against me (whether by

24-23    default or otherwise);

24-24          6.  Entered into any settlement of an action or claim of;

24-25          7.  Had any license, certification, employment, or volunteer

 25-1    position suspended, revoked, terminated, or adversely affected

 25-2    because of;

 25-3          8.  Been diagnosed as having or have been treated for any

 25-4    mental or emotional condition arising from;

 25-5          9.  Resigned under threat of termination of employment or

 25-6    volunteerism for;

 25-7          10.  Had a report of child abuse or neglect made and

 25-8    substantiated against me for; or

 25-9          11.  Have any pending criminal charges against me in this or

25-10    any other jurisdiction for;

25-11          Any conduct, matter, or thing (irrespective of formal name

25-12    thereof) constituting or involving (whether under criminal or civil

25-13    law of any jurisdiction):

25-14          1.  Any felony;

25-15          2.  Rape or other sexual assault;

25-16          3.  Physical, sexual, emotional abuse and/or neglect of a

25-17    minor;

25-18          4.  Incest;

25-19          5.  Exploitation, including sexual, of a minor;

25-20          6.  Sexual misconduct with a minor;

25-21          7.  Molestation of a child;

25-22          8.  Lewdness or indecent exposure;

25-23          9.  Lewd and lascivious behavior;

25-24          10.  Obscene or pornographic literature, photographs, or

25-25    videos;

 26-1          11.  Assault, battery, or any violent offense involving a

 26-2    minor;

 26-3          12.  Endangerment of a child;

 26-4          13.  Any misdemeanor or other offense classification

 26-5    involving a minor or to which a minor was a witness;

 26-6          14.  Unfitness as a parent or custodian;

 26-7          15.  Removing children from a state or concealing children in

 26-8    violation of a court order;

 26-9          16.  Restrictions or limitations on contact or visitation

26-10    with children or minors;

26-11          17.  Any type of child abduction; or,

26-12          18.  Similar or related conduct, matters, or things.

26-13          Except the following (list all incidents, location,

26-14    description, and date) (if none, write NONE):

26-15    Signed________________________

26-16                                                   Date_______________.

26-17    Subscribed and sworn to (or affirmed) before me this ______ day of

26-18    _________________,_________.

26-19    Signature of notarial officer ______________________________.

26-20    (seal, if any, of notarial officer)

26-21                                    My commission expires:  ___________

26-22          (b)  The failure or refusal of the applicant to sign or

26-23    provide the affidavit constitutes good cause for refusal to hire

26-24    the applicant.

26-25          SECTION 23.  Section 42.002, Human Resources Code, is amended

 27-1    by amending Subdivisions (3) and (9) and adding Subdivisions (16)

 27-2    and (17) to read as follows:

 27-3                (3)  "Child-care facility" means a facility licensed or

 27-4    certified by the department to provide assessment, [that provides]

 27-5    care, training, education, custody, treatment, or supervision for a

 27-6    child who is not related by blood, marriage, or adoption to the

 27-7    owner or operator of the facility, for all or part of the 24-hour

 27-8    day, whether or not the facility is operated for profit or charges

 27-9    for the services it offers.

27-10                (9)  "Family home" means a home that [regularly]

27-11    provides regular care in the caretaker's own residence for not more

27-12    than six children under 14 years of age, excluding [the caretaker's

27-13    own] children who are related to the caretaker, and that provides

27-14    care after school hours for not more than six additional elementary

27-15    school children, but the total number of children, including

27-16    children who are related to the caretaker [the caretaker's own],

27-17    does not exceed 12 at any given time.  The term does not include a

27-18    home that provides care exclusively for any number of children who

27-19    are related to the caretaker.

27-20                (16)  "Children who are related to the caretaker" means

27-21    children who are the children, grandchildren, siblings,

27-22    great-grandchildren, nieces, or nephews of the caretaker, whether

27-23    by affinity or consanguinity or as the result of a relationship

27-24    created by court decree.

27-25                (17)  "Regular care" means care that is provided at

 28-1    least four hours a day, three or more days a week, for more than

 28-2    nine consecutive weeks.

 28-3          SECTION 24.  Section 42.042, Human Resources Code, is amended

 28-4    by adding Subsection (p) to read as follows:

 28-5          (p)  The department by rule shall prescribe minimum training

 28-6    standards for an employee of a regulated child-care facility,

 28-7    including the time required for completing the training.  The

 28-8    department may not require an employee to repeat required training

 28-9    if the employee has completed the training within the time

28-10    prescribed by department rule.  The department's local offices

28-11    shall make available at the local office locations a copy of the

28-12    rules regarding minimum training standards, information enabling

28-13    the owner or operator of a regulated facility to apply for training

28-14    funds from other agencies to lower facility costs, and any other

28-15    materials the department may develop to assist the owner or

28-16    operator or other entity in providing the training.

28-17          SECTION 25.  Subchapter C, Chapter 42, Human Resources Code,

28-18    is amended by adding Sections 42.0425, 42.0426, and 42.0427 to read

28-19    as follows:

28-20          Sec. 42.0425.  ASSESSMENT SERVICES.  (a)  The department by

28-21    rule shall regulate assessment services provided by child-care

28-22    facilities or child-placing agencies.  A child-care facility or

28-23    child-placing agency may not provide assessment services unless

28-24    specifically authorized by the department.

28-25          (b)  The department by rule shall establish minimum standards

 29-1    for assessment services.  The standards must provide that

 29-2    consideration is given to the individual needs of a child, the

 29-3    appropriate place for provision of services, and the factors listed

 29-4    in Section 42.042(e).

 29-5          (c)  In this section, "assessment services" means the

 29-6    determination of the placement needs of a child who requires

 29-7    substitute care.

 29-8          Sec. 42.0426.  TRAINING OF PERSONNEL.  A licensed facility

 29-9    shall provide training for staff members in:

29-10                (1)  the recognition of symptoms of child abuse,

29-11    neglect, and sexual molestation and the responsibility and

29-12    procedure of reporting suspected occurrences of child abuse,

29-13    neglect, and sexual molestation to the department or other

29-14    appropriate entity;

29-15                (2)  the application of first aid; and

29-16                (3)  the prevention and spread of communicable

29-17    diseases.

29-18          Sec. 42.0427.  PARENTAL VISITATION.  All areas of a licensed

29-19    facility must be accessible to a parent of a child who is receiving

29-20    care at the facility if the parent visits the child during the

29-21    facility's hours of operation.

29-22          SECTION 26.  Subchapter C, Chapter 42, Human Resources Code,

29-23    is amended by adding Section 42.0505 to read as follows:

29-24          Sec. 42.0505.  RENEWAL OF LICENSE.  (a)  A person who is

29-25    otherwise eligible to renew a license may renew an unexpired

 30-1    license by paying the required annual fee to the department before

 30-2    the expiration date of the license.  A person whose license has

 30-3    expired may not engage in activities that require a license until

 30-4    the license has been renewed under the provisions of this section.

 30-5          (b)  If the person's license has been expired for 90 days or

 30-6    less, the person may renew the license by paying to the department

 30-7    1-1/2 times the required annual fee.

 30-8          (c)  If the person's license has been expired for longer than

 30-9    90 days but less than one year, the person may renew the license by

30-10    paying to the department two times the required annual fee.

30-11          (d)  If the person's license has been expired for one year or

30-12    longer, the person may not renew the license.  The person may

30-13    obtain a new license by complying with the requirements and

30-14    procedures for obtaining an original license.

30-15          (e)  At least 30 days before the expiration of a person's

30-16    license, the department shall send written notice of the impending

30-17    license expiration to the person at the license holder's last known

30-18    address according to the records of the department.

30-19          SECTION 27.  Subsections (a), (b), and (c), Section 42.044,

30-20    Human Resources Code, are amended to read as follows:

30-21          (a)  An authorized representative of the department

30-22    [division] may visit a facility or registered family home during

30-23    operating hours to investigate, inspect, and evaluate.

30-24          (b)  The department [division] shall inspect all licensed or

30-25    certified facilities at least once a year and may inspect other

 31-1    facilities or registered family homes as necessary.  At least one

 31-2    of the annual visits must be unannounced and all may be

 31-3    unannounced.

 31-4          (c)  The department [division] must investigate a facility

 31-5    when a complaint is received.  The department shall investigate a

 31-6    registered family home when the department receives a complaint of

 31-7    abuse or neglect, as defined by Section 261.001, Family Code, of a

 31-8    child at the home.  The department [division] representative must

 31-9    notify the facility's director or authorized representative when a

31-10    complaint is being investigated and report in writing the results

31-11    of the investigation to the director or the director's authorized

31-12    representative.

31-13          SECTION 28.  Subchapter C, Chapter 42, Human Resources Code,

31-14    is amended by adding Sections 42.0441, 42.0442, and 42.0443 to read

31-15    as follows:

31-16          Sec. 42.0441.  INSPECTION RESULTS.  Immediately after

31-17    completing a monitoring inspection under Section 42.044 of a

31-18    licensed day-care center, licensed group day-care home, or

31-19    registered family home, the authorized representative of the

31-20    department shall review the results of the monitoring inspection

31-21    with a representative of the facility and give the facility an

31-22    opportunity to respond to the inspection results.

31-23          Sec. 42.0442.  COORDINATION OF INSPECTIONS; ELIMINATION OF

31-24    DUPLICATIVE INSPECTIONS.  (a)  The department shall coordinate

31-25    monitoring inspections of licensed day-care centers, licensed group

 32-1    day-care homes, and registered family homes performed by another

 32-2    state agency to eliminate redundant inspections.

 32-3          (b)  The department shall form an interagency task force with

 32-4    the Texas Department of Health, the Texas Department of Human

 32-5    Services, and the Texas Workforce Commission to develop an

 32-6    inspection protocol that will coordinate inspections by those

 32-7    agencies.  The protocol must assign the required items for

 32-8    inspection by each agency and facilitate the sharing of inspection

 32-9    data and compliance history.

32-10          Sec. 42.0443.  INSPECTION INFORMATION DATABASE.  (a)  If

32-11    feasible using available information systems, the department shall

32-12    establish a computerized database containing relevant inspection

32-13    information on licensed day-care centers, licensed group day-care

32-14    homes, and registered family homes from other state agencies and

32-15    political subdivisions of the state.

32-16          (b)  The department shall make the data collected by the

32-17    department available to another state agency or political

32-18    subdivision of the state for the purpose of administering programs

32-19    or enforcing laws within the jurisdiction of that agency or

32-20    subdivision.  If feasible using available information systems, the

32-21    department shall make the data directly available to the Texas

32-22    Department of Health, the Texas Department of Human Services, and

32-23    the Texas Workforce Commission through electronic information

32-24    systems.  The department, the Texas Department of Health, the Texas

32-25    Department of Human Services, and the Texas Workforce Commission

 33-1    shall jointly plan the development of child-care inspection

 33-2    databases that, to the extent feasible, are similar in their design

 33-3    and architecture to promote the sharing of data.

 33-4          (c)  The department may provide inspection data on licensed

 33-5    day-care centers, licensed group day-care homes, or registered

 33-6    family homes to the public if the department determines that

 33-7    providing inspection data enhances consumer choice with respect to

 33-8    those facilities.

 33-9          SECTION 29.  Subchapter C, Chapter 42, Human Resources Code,

33-10    is amended by adding Section 42.0445 to read as follows:

33-11          Sec. 42.0445.  REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY

33-12    OF REPORTED CASES OF CHILD ABUSE OR NEGLECT.  (a)  Before the

33-13    department issues or renews a license, registration, or

33-14    certification under this subchapter, the department shall search

33-15    the central registry of reported cases of child abuse or neglect

33-16    established under Section 261.002, Family Code, to determine

33-17    whether the applicant or the owner or an employee of the facility

33-18    or family home is listed in the registry as a person who abused or

33-19    neglected a child.

33-20          (b)  The department may adopt rules to implement this

33-21    section.

33-22          SECTION 30.  Section 42.046, Human Resources Code, is amended

33-23    by amending Subsection (a) and the section heading to read as

33-24    follows:

33-25          Sec. 42.046.  [LICENSE] APPLICATION FOR LICENSE OR

 34-1    REGISTRATION.  (a)  An applicant for a license to operate a

 34-2    child-care facility or child-placing agency or for a registration

 34-3    to operate a family home shall submit to the department [division]

 34-4    the appropriate fee prescribed by Section 42.054 [of this code] and

 34-5    a completed application on a form provided by the department

 34-6    [division].

 34-7          SECTION 31.  Subchapter C, Chapter 42, Human Resources Code,

 34-8    is amended by adding Section 42.0461 to read as follows:

 34-9          Sec. 42.0461.  PUBLIC NOTICE AND HEARING IN CERTAIN COUNTIES:

34-10    RESIDENTIAL CHILD CARE.  (a)  Before the department may issue a

34-11    license, other than a renewal license, or certificate to operate

34-12    under Subchapter E for the operation or the expansion of the

34-13    capacity of a foster group home or foster family home that is

34-14    located in a county with a population of less than 300,000 and that

34-15    provides child care for 24 hours a day at a location other than the

34-16    actual residence of a child's primary caretaker or of a child care

34-17    institution, the applicant for the license, certificate, or

34-18    expansion shall, at the applicant's expense:

34-19                (1)  conduct a public hearing on the application in

34-20    accordance with department rules after notifying the department of

34-21    the date, time, and location of the hearing; and

34-22                (2)  publish notice of the application in a newspaper

34-23    of general circulation in the community in which the child-care

34-24    services are proposed to be provided.

34-25          (b)  The notice required by Subsection (a)(2) must be

 35-1    published at least 10 days before the date of the public hearing

 35-2    required by Subsection (a)(1) and must include:

 35-3                (1)  the name and address of the applicant;

 35-4                (2)  the address at which the child-care services are

 35-5    proposed to be provided;

 35-6                (3)  the date, time, and location of the public

 35-7    hearing;

 35-8                (4)  the name, address, and telephone number of the

 35-9    department as the licensing authority; and

35-10                (5)  a statement informing the public that a person may

35-11    submit written comments to the department concerning the

35-12    application instead of or in addition to appearing at the public

35-13    hearing.

35-14          (c)  The department shall require a representative of the

35-15    department to attend the public hearing in an official capacity for

35-16    the purpose of receiving public comments on the application.

35-17          (d)  Before issuing a license or certificate described by

35-18    Subsection (a), the department shall consider:

35-19                (1)  the amount of local resources available to support

35-20    children proposed to be served by the applicant;

35-21                (2)  the impact of the proposed child-care services on

35-22    the ratio in the local school district of students enrolled in a

35-23    special education program to students enrolled in a regular

35-24    education program and the effect, if any, on the children proposed

35-25    to be served by the applicant; and

 36-1                (3)  the impact of the proposed child-care services on

 36-2    the community and the effect on opportunities for social

 36-3    interaction for the children proposed to be served by the

 36-4    applicant.

 36-5          (e)  The department may deny the application if the

 36-6    department determines that:

 36-7                (1)  the community has insufficient resources to

 36-8    support children proposed to be served by the applicant;

 36-9                (2)  granting the application would significantly

36-10    increase the ratio in the local school district of students

36-11    enrolled in a special education program to students enrolled in a

36-12    regular education program and the increase would adversely affect

36-13    the children proposed to be served by the applicant; or

36-14                (3)  granting the application would have a significant

36-15    adverse impact on the community and would limit opportunities for

36-16    social interaction for the children proposed to be served by the

36-17    applicant.

36-18          (f)  A child-placing agency that proposes to verify an agency

36-19    home or agency group home that is located in a county with a

36-20    population of less than 300,000 that provides child care for 24

36-21    hours a day at a location other than the actual residence of a

36-22    child's primary caretaker shall:

36-23                (1)  comply with the notice and hearing requirements

36-24    imposed by Subsections (a) and (b); and

36-25                (2)  after conducting the required public hearing,

 37-1    provide the department with information relating to the

 37-2    considerations specified in Subsection (d).

 37-3          (g)  The department may prohibit the child-placing agency

 37-4    from verifying the proposed agency home or agency group home on the

 37-5    same grounds that the department may deny an application under

 37-6    Subsection (e).

 37-7          SECTION 32.  Subsections (c) and (f), Section 42.052, Human

 37-8    Resources Code, are amended to read as follows:

 37-9          (c)  A family home that provides care for three or fewer

37-10    children, excluding [the caretaker's own] children who are related

37-11    to the caretaker, may register with the department [division].  A

37-12    family home that provides care for four or more children, excluding

37-13    [the caretaker's own] children who are related to the caretaker,

37-14    shall [must] register with the department [division].  A

37-15    registration remains valid until revoked or surrendered.  The

37-16    operator  of a registered home must display the registration in a

37-17    prominent place at the home.

37-18          (f)  A family home may not place a public advertisement that

37-19    uses the title "registered family home" or any variation of the

37-20    phrase unless the home is registered with the department [division]

37-21    under this chapter.  Any public advertisement for a registered

37-22    family home which uses the title "registered family home" must

37-23    contain a provision in bold type stating:  "THIS HOME IS REGISTERED

37-24    WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS

37-25    NOT LICENSED OR REGULARLY INSPECTED."

 38-1          SECTION 33.  Subchapter C, Chapter 42, Human Resources Code,

 38-2    is amended by adding Sections 42.057, 42.058, and 42.059 to read as

 38-3    follows:

 38-4          Sec. 42.057.  REQUIRED BACKGROUND AND CRIMINAL HISTORY

 38-5    CHECKS.  (a)  In accordance with rules adopted by the department,

 38-6    the director, owner, or operator of a child-care facility or family

 38-7    home shall, when applying to operate a child-care facility or when

 38-8    registering a family home and at least once during each 24 months

 38-9    after receiving a license, registration, or certification of

38-10    approval, submit to the department for use in conducting background

38-11    and criminal history checks:

38-12                (1)  the name of the director, owner, and operator of

38-13    the facility or home and the name of each person employed at the

38-14    facility or home; and

38-15                (2)  the name of each resident of the home and any

38-16    other person who will regularly or frequently be staying or working

38-17    at the facility or home while children are being provided care.

38-18          (b)  The department shall conduct background and criminal

38-19    history checks using:

38-20                (1)  the information provided under Subsection (a);

38-21                (2)  the information made available by the Department

38-22    of Public Safety under Section 411.114, Government Code, or by the

38-23    Federal Bureau of Investigation or other criminal justice agency

38-24    under Section 411.087, Government Code; and

38-25                (3)  the department's records of reported abuse and

 39-1    neglect.

 39-2          (c)  The department by rule shall require a child-care

 39-3    facility or family home to pay to the department a fee in an amount

 39-4    not to exceed the administrative costs the department incurs in

 39-5    conducting a background and criminal history check under this

 39-6    section.

 39-7          Sec. 42.058.  COMPETITIVE BIDDING OR ADVERTISING RULES.

 39-8    (a)  The board may not adopt rules restricting competitive bidding

 39-9    or advertising by a license holder or registration holder except to

39-10    prohibit false, misleading, or deceptive practices or to prevent a

39-11    violation of this chapter.

39-12          (b)  In its rules to prohibit false, misleading, or deceptive

39-13    practices, the board may not include a rule that:

39-14                (1)  restricts the use of any medium for advertising;

39-15                (2)  restricts the use of a license holder's or

39-16    registration holder's personal appearance or voice in an

39-17    advertisement;

39-18                (3)  relates to the size or duration of an

39-19    advertisement by the license holder or registration holder; or

39-20                (4)  restricts the license holder's or registration

39-21    holder's advertisement under a trade name.

39-22          Sec. 42.059.  REQUIRED AFFIDAVIT FOR APPLICANTS FOR

39-23    EMPLOYMENT WITH FACILITY OR REGISTERED FAMILY HOME.  (a)  An

39-24    applicant for temporary or permanent employment with a licensed

39-25    facility or registered family home whose employment or potential

 40-1    employment with the facility or home involves direct interactions

 40-2    with or the opportunity to interact and associate with children

 40-3    must execute and submit the following affidavit with the

 40-4    application for employment:

 40-5    STATE OF ____________

 40-6    COUNTY OF ____________

 40-7          I swear or affirm under penalty of perjury that I do not now

 40-8    and I have not at any time, either as an adult or as a juvenile:

 40-9          1.  Been convicted of;

40-10          2.  Pleaded guilty to (whether or not resulting in a

40-11    conviction);

40-12          3.  Pleaded nolo contendere or no contest to;

40-13          4.  Admitted;

40-14          5.  Had any judgment or order rendered against me (whether by

40-15    default or otherwise);

40-16          6.  Entered into any settlement of an action or claim of;

40-17          7.  Had any license, certification, employment, or volunteer

40-18    position suspended, revoked, terminated, or adversely affected

40-19    because of;

40-20          8.  Been diagnosed as having or have been treated for any

40-21    mental or emotional condition arising from;

40-22          9.  Resigned under threat of termination of employment or

40-23    volunteerism for;

40-24          10.  Had a report of child abuse or neglect made and

40-25    substantiated against me for; or

 41-1          11.  Have any pending criminal charges against me in this or

 41-2    any other jurisdiction for;

 41-3          Any conduct, matter, or thing (irrespective of formal name

 41-4    thereof) constituting or involving (whether under criminal or civil

 41-5    law of any jurisdiction):

 41-6          1.  Any felony;

 41-7          2.  Rape or other sexual assault;

 41-8          3.  Physical, sexual, emotional abuse and/or neglect of a

 41-9    minor;

41-10          4.  Incest;

41-11          5.  Exploitation, including sexual, of a minor;

41-12          6.  Sexual misconduct with a minor;

41-13          7.  Molestation of a child;

41-14          8.  Lewdness or indecent exposure;

41-15          9.  Lewd and lascivious behavior;

41-16          10.  Obscene or pornographic literature, photographs, or

41-17    videos;

41-18          11.  Assault, battery, or any violent offense involving a

41-19    minor;

41-20          12.  Endangerment of a child;

41-21          13.  Any misdemeanor or other offense classification

41-22    involving a minor or to which a minor was a witness;

41-23          14.  Unfitness as a parent or custodian;

41-24          15.  Removing children from a state or concealing children in

41-25    violation of a court order;

 42-1          16.  Restrictions or limitations on contact or visitation

 42-2    with children or minors;

 42-3          17.  Any type of child abduction; or,

 42-4          18.  Similar or related conduct, matters, or things.

 42-5          Except the following (list all incidents, location,

 42-6    description, and date) (if none, write NONE)

 42-7    Signed ________________________

 42-8                                                  Date _______________.

 42-9    Subscribed and sworn to (or affirmed) before me this ________ day

42-10    of ________________,____________.

42-11    Signature of notarial officer ____________________________________.

42-12    (seal, if any, of notarial officer)

42-13                                   My commission expires:  ____________

42-14          (b)  The failure or refusal of the applicant to sign or

42-15    provide the affidavit constitutes good cause for refusal to hire

42-16    the applicant.

42-17          SECTION 34.  Subchapter D, Chapter 42, Human Resources Code,

42-18    is amended by adding Section 42.0705 to read as follows:

42-19          Sec. 42.0705.  RANGE OF PENALTIES.  The department shall

42-20    revoke, suspend, or refuse to renew a license or registration,

42-21    place on probation a person whose license or registration has been

42-22    suspended, or reprimand a license holder or registration holder for

42-23    a violation of this chapter or a rule of the board.  If a license

42-24    or registration suspension is probated, the department may require

42-25    the license holder or registration holder to:

 43-1                (1)  report regularly to the department on matters that

 43-2    are the basis of the probation;

 43-3                (2)  limit services to the areas prescribed by the

 43-4    department;

 43-5                (3)  continue or review professional education until

 43-6    the license holder or registration holder attains a degree of skill

 43-7    satisfactory to the department in those areas that are the basis of

 43-8    the probation; or

 43-9                (4)  take corrective action relating to the violation

43-10    on which the probation is based.

43-11          SECTION 35.  Section 42.071, Human Resources Code, is amended

43-12    to read as follows:

43-13          Sec. 42.071.  [LICENSE] SUSPENSION, EVALUATION, OR PROBATION

43-14    OF LICENSE OR REGISTRATION.  (a)  The department [division] may

43-15    suspend the license of a facility or the registration of a family

43-16    home that has temporarily ceased operation but has definite plans

43-17    for starting operations again within the time limits of the issued

43-18    license or registration.

43-19          (b)  The department [division] may suspend a facility's

43-20    license or a family home's registration for a definite period

43-21    rather than deny or revoke the license or registration if the

43-22    department [division] finds repeated noncompliance with standards

43-23    that do not endanger the health and safety of children.  To qualify

43-24    for license or registration suspension under this subsection, a

43-25    facility or family home must suspend its operations and show that

 44-1    standards can be met within the suspension period.

 44-2          (c)  If the department [division] finds a facility or family

 44-3    home is in repeated noncompliance with standards that do not

 44-4    endanger the health and safety of children, the department

 44-5    [division] may schedule the facility or family home for evaluation

 44-6    or probation rather than suspend or revoke the facility's license

 44-7    or the family home's registration.  The department [division] shall

 44-8    provide notice to the facility or family home of the evaluation or

 44-9    probation and of the items of noncompliance not later than the 10th

44-10    day before the evaluation or probation period begins.  The

44-11    department [division] shall designate a period of not less than 30

44-12    days during which the facility or family home will remain under

44-13    evaluation.  During the evaluation or probation period, the

44-14    facility or family home must correct the items that were in

44-15    noncompliance and report the corrections to the department

44-16    [division] for approval.

44-17          (d)  The department [division] shall revoke the license of a

44-18    facility or the registration of a family home that does not comply

44-19    with standards at the end of a license or registration suspension.

44-20          (e)  The department [division] may suspend or revoke the

44-21    license of a facility or the registration of a family home that

44-22    does not correct items that were in noncompliance or that does not

44-23    comply with required standards within the applicable evaluation or

44-24    probation period.

44-25          SECTION 36.  Subchapter D, Chapter 42, Human Resources Code,

 45-1    is amended by adding Section 42.0715 to read as follows:

 45-2          Sec. 42.0715.  COSTS CHARGED TO FACILITY OR FAMILY HOME.  The

 45-3    department may charge a facility or family home for reimbursement

 45-4    of the reasonable cost of services provided by the department in

 45-5    formulating, monitoring, and implementing a corrective action plan

 45-6    for the facility or family home.

 45-7          SECTION 37.  Section 42.072, Human Resources Code, is amended

 45-8    to read as follows:

 45-9          Sec. 42.072.  LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR

45-10    REVOCATION.  (a)  The department [division] may suspend, deny, [or]

45-11    revoke, or refuse to renew the license, registration, or

45-12    certification of approval of a facility or family home that does

45-13    not comply with the requirements of this chapter, the standards and

45-14    rules of the department, or the specific terms of the license,

45-15    registration, or certification.  The department may revoke the

45-16    probation of a person whose license or registration is suspended if

45-17    the person violates a term of the conditions of probation.

45-18          (b)  If the department proposes to take an action under

45-19    Subsection (a), the person is entitled to a hearing conducted by

45-20    the State Office of Administrative Hearings.  Proceedings for a

45-21    disciplinary action are governed by the administrative procedure

45-22    law, Chapter 2001, Government Code.  Rules of practice adopted by

45-23    the board under Section 2001.004, Government Code, applicable to

45-24    the proceedings for a disciplinary action may not conflict with

45-25    rules adopted by the State Office of Administrative Hearings.  [The

 46-1    division shall notify the person operating or proposing to operate

 46-2    a facility of the reasons for the denial or revocation and of the

 46-3    person's right to appeal the decision within 30 days after

 46-4    receiving the notice.]

 46-5          (c)  [A person who wishes to appeal a license denial or

 46-6    revocation shall notify the director by certified mail within 30

 46-7    days after receiving the notice required in Subsection (b) of this

 46-8    section.  The person shall send a copy of the notice of appeal to

 46-9    the assigned division representative.]

46-10          [(d)  The denial or revocation of a license or certification

46-11    and the appeal from that action are governed by the procedure for a

46-12    contested case hearing under Chapter 2001, Government Code.]

46-13          [(e)  A person whose license has been denied or revoked may

46-14    challenge the decision by filing a suit in a district court of

46-15    Travis County or the county in which the person's facility is

46-16    located within 30 days after receiving the decision.  The trial

46-17    shall be de novo.]

46-18          [(f)  Records of the hearing shall be kept for two years

46-19    after a decision is rendered.  On request, and at the person's own

46-20    expense, the division shall supply a copy of the verbatim

46-21    transcript of the hearing to a person appealing a license denial or

46-22    revocation in district court.]

46-23          [(g)  A person may continue to operate a facility during an

46-24    appeal of a license denial or revocation unless the division has

46-25    obtained injunctive relief under Section 42.074 or civil penalties

 47-1    under Section 42.075 or the facility has been closed under Section

 47-2    42.073.]

 47-3          [(h)]  A person whose license, registration, or certification

 47-4    is revoked may not apply for any license, registration, or

 47-5    certification under this chapter before the second anniversary of

 47-6    the date on which the revocation takes effect by department or

 47-7    court order.

 47-8          (d)  The department by rule may provide for denial of an

 47-9    application or renewal for a licensed facility, for certification

47-10    of approval of a facility, or for registering a family home or may

47-11    revoke a facility's license or certification or a family home's

47-12    registration based on findings of criminal history as a result of a

47-13    background or criminal history check.

47-14          SECTION 38.  Section 42.073, Human Resources Code, is amended

47-15    to read as follows:

47-16          Sec. 42.073.  EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY

47-17    OR FAMILY HOME.  (a)  The department [division] shall suspend a

47-18    facility's license or a family home's registration and[,] order the

47-19    immediate closing of the facility or family home[, and place the

47-20    children attending or residing in the facility elsewhere] if:

47-21                (1)  the department [division] finds the facility or

47-22    family home is operating in violation of the applicable standards

47-23    prescribed by this chapter; and

47-24                (2)  the violation creates an immediate threat to the

47-25    health and safety of the children attending or residing in the

 48-1    facility or family home.

 48-2          (b)  An order suspending a license or registration and an

 48-3    order closing a facility or family home under this section is

 48-4    immediately effective on the date on which the [license] holder of

 48-5    the license or registration receives written notice or on a later

 48-6    date specified in the order.

 48-7          (c)  An order is valid for 10 days after the effective date

 48-8    of the order.

 48-9          [(d)  The suspension of a license and the closure of the

48-10    facility and the appeal from that action are governed by the

48-11    procedures for a contested case hearing under Chapter 2001,

48-12    Government Code.]

48-13          SECTION 39.  Subsections (a) and (c), Section 42.074, Human

48-14    Resources Code, are amended to read as follows:

48-15          (a)  When it appears that a person has violated, is

48-16    violating, or is threatening to violate the licensing,

48-17    certification, or registration requirements of this chapter or the

48-18    department's licensing, certification, or registration rules and

48-19    standards, the department [division] may file a suit in a district

48-20    court in Travis County or in the county where the facility or

48-21    family home is located for assessment and recovery of civil

48-22    penalties under Section 42.075 [of this code], for injunctive

48-23    relief, including a temporary restraining order, or for both

48-24    injunctive relief and civil penalties.

48-25          (c)  At the department's [division's] request, the attorney

 49-1    general or the county or district attorney of the county in which

 49-2    the facility or family home is located shall conduct a suit in the

 49-3    name of the State of Texas for injunctive relief, to recover the

 49-4    civil penalty, or for both injunctive relief and civil penalties as

 49-5    authorized by Subsection (a) [of this section].

 49-6          SECTION 40.  Subsection (a), Section 42.075, Human Resources

 49-7    Code, is amended to read as follows:

 49-8          (a)  A person is subject to a civil penalty of not less than

 49-9    $50 nor more than $100 for each day of violation and for each act

49-10    of violation if the person:

49-11                (1)  threatens serious harm to a child in a facility or

49-12    family home by violating a provision of this chapter or a

49-13    department rule or standard;

49-14                (2)  violates a provision of this chapter or a

49-15    department rule or standard three or more times within a 12-month

49-16    period; or

49-17                (3)  places a public advertisement for an unlicensed

49-18    facility or unregistered family home.

49-19          SECTION 41.  Section 42.076, Human Resources Code, is amended

49-20    to read as follows:

49-21          Sec. 42.076.  CRIMINAL PENALTIES.  (a)  A person who operates

49-22    a child-care facility or child-placing agency without a license

49-23    commits a Class B misdemeanor.

49-24          (b)  A person who operates a family home without a

49-25    registration commits a Class B misdemeanor.

 50-1          (c)  A person who places a public advertisement for an

 50-2    unlicensed facility or an unregistered family home commits a Class

 50-3    C misdemeanor.

 50-4          [(c)  A person who places an advertisement for a registered

 50-5    family home in violation of Section 42.052(f) of this code commits

 50-6    a Class C misdemeanor.]

 50-7          (d)  It is not an offense under this section if a

 50-8    professional provides legal or medical services to:

 50-9                (1)  a parent who identifies the prospective adoptive

50-10    parent and places the child for adoption without the assistance of

50-11    the professional; or

50-12                (2)  a prospective adoptive parent who identifies a

50-13    parent and receives placement of a child for adoption without

50-14    assistance of the professional.

50-15          SECTION 42.  Section 42.077, Human Resources Code, is amended

50-16    to read as follows:

50-17          Sec. 42.077.  NOTICE OF ACTION AGAINST FACILITY OR FAMILY

50-18    HOME.  (a)  If the department revokes or suspends a facility's

50-19    license or a family home's registration, the department shall

50-20    publish notice of this action in a newspaper of general circulation

50-21    in the county in which the facility or family home is located.  The

50-22    newspaper shall place the notice in the section in which

50-23    advertisements for day-care services are normally published.

50-24          (b)  If a person who operates a facility or family home that

50-25    has had its license or registration revoked or suspended later

 51-1    applies for a new license or registration to operate the same

 51-2    facility or family home, the department shall charge the person an

 51-3    application fee in an amount necessary to reimburse the department

 51-4    for the cost of the notice relating to that facility or family

 51-5    home.

 51-6          (c)  The department shall pay for publication of the notice

 51-7    from funds appropriated to the department for licensing and

 51-8    regulating child-care facilities and for registering and regulating

 51-9    family homes and from appeal and application fees collected under

51-10    Subsection (b) [of this section] and appropriated to the

51-11    department.

51-12          (d)  A facility or family home that has its license or

51-13    registration revoked or suspended shall mail notification of this

51-14    action by certified mail to the parents or guardian of the child

51-15    served by the facility or family home.  The facility or family home

51-16    shall mail the notification within five days of the effective date

51-17    of the [license] revocation or suspension of the license or

51-18    registration.

51-19          SECTION 43.  Subchapter D, Chapter 42, Human Resources Code,

51-20    is amended by adding Section 42.078 to read as follows:

51-21          Sec. 42.078.  ADMINISTRATIVE PENALTY.  (a)  The department

51-22    may impose an administrative penalty against a facility or family

51-23    home licensed or registered under this chapter that violates this

51-24    chapter or a rule or order adopted under this chapter.

51-25    Nonmonetary, administrative penalties or remedies including but not

 52-1    limited to corrective action plans, probation, and evaluation

 52-2    periods shall be imposed when appropriate before monetary

 52-3    penalties.

 52-4          (b)  Each day a violation continues or occurs is a separate

 52-5    violation for purposes of imposing a penalty.  The penalty for a

 52-6    violation may be in an amount not to exceed the following limits,

 52-7    based on the number of children receiving care at the facility or

 52-8    family home at the time of the violation:

 52-9          Number of children               Maximum amount of penalty

52-10          20 or less                       $20

52-11          21-40                            $30

52-12          41-60                            $40

52-13          61-80                            $50

52-14          81-100                           $75

52-15          More than 100                    $100

52-16          (c)  The amount of the penalty shall be based on:

52-17                (1)  the seriousness of the violation, including the

52-18    nature, circumstances, extent, and gravity of any prohibited acts,

52-19    and the hazard or potential hazard created to the health, safety,

52-20    or economic welfare of the public;

52-21                (2)  the economic harm to property or the environment

52-22    caused by the violation;

52-23                (3)  the history of previous violations;

52-24                (4)  the amount necessary to deter future violations;

52-25                (5)  efforts to correct the violation; and

 53-1                (6)  any other matter that justice may require.

 53-2          (d)  Monetary penalties shall not be assessed for violations

 53-3    of clerical errors or standards which do not clearly apprise the

 53-4    facility or family home of the action required by the standard.

 53-5          (e)  If the executive director determines that a violation

 53-6    has occurred, the director may issue a recommendation on the

 53-7    imposition of a penalty, including a recommendation on the amount

 53-8    of the penalty.

 53-9          (f)  Within 14 days after the date the recommendation is

53-10    issued, the executive director shall give written notice of the

53-11    recommendation to the person owning or operating the facility.  The

53-12    notice may be given by certified mail.  The notice must include a

53-13    brief summary of the alleged violation and a statement of the

53-14    amount of the recommended penalty and must inform the person that

53-15    the person has a right to a hearing on the occurrence of the

53-16    violation, the amount of the penalty, or both the occurrence of the

53-17    violation and the amount of the penalty.

53-18          (g)  Within 20 days after the date the person receives the

53-19    notice, the person in writing may accept the determination and

53-20    recommended penalty of the executive director or may make a written

53-21    request for a hearing on the occurrence of the violation, the

53-22    amount of the penalty, or both the occurrence of the violation and

53-23    the amount of the penalty.

53-24          (h)  If the person accepts the determination and recommended

53-25    penalty of the executive director or fails to respond to the notice

 54-1    in a timely manner, the executive director shall issue an order and

 54-2    impose the recommended penalty.

 54-3          (i)  If the person requests a hearing, the executive director

 54-4    shall set a hearing and give notice of the hearing to the person.

 54-5    The hearing shall be held by an administrative law judge of the

 54-6    State Office of Administrative Hearings.  The administrative law

 54-7    judge shall make findings of fact and conclusions of law and issue

 54-8    a final decision finding that a violation has occurred and imposing

 54-9    a penalty or finding that no violation occurred.

54-10          (j)  The notice of the administrative law judge's order given

54-11    to the person under Chapter 2001, Government Code, must include a

54-12    statement of the right of the person to judicial review of the

54-13    order.

54-14          (k)  Within 30 days after the date the administrative law

54-15    judge's order becomes final as provided by Section 2001.144,

54-16    Government Code, the person shall:

54-17                (1)  pay the amount of the penalty;

54-18                (2)  pay the amount of the penalty and file a petition

54-19    for judicial review contesting the occurrence of the violation, the

54-20    amount of the penalty, or both the occurrence of the violation and

54-21    the amount of the penalty; or

54-22                (3)  without paying the amount of the penalty, file a

54-23    petition for judicial review contesting the occurrence of the

54-24    violation, the amount of the penalty, or both the occurrence of the

54-25    violation and the amount of the penalty.

 55-1          (l)  Within the 30-day period, a person who acts under

 55-2    Subsection (k)(3) may:

 55-3                (1)  stay enforcement of the penalty by:

 55-4                      (A)  paying the amount of the penalty to the

 55-5    court for placement in an escrow account; or

 55-6                      (B)  giving to the court a supersedeas bond that

 55-7    is approved by the court for the amount of the penalty and that is

 55-8    effective until all judicial review of the order is final; or

 55-9                (2)  request the court to stay enforcement of the

55-10    penalty by:

55-11                      (A)  filing with the court a sworn affidavit of

55-12    the person stating that the person is financially unable to pay the

55-13    amount of the penalty and is financially unable to give the

55-14    supersedeas bond; and

55-15                      (B)  giving a copy of the affidavit to the

55-16    executive director by certified mail.

55-17          (m)  On receipt of a copy of an affidavit under Subsection

55-18    (l)(2), the executive director may file with the court, within five

55-19    days after the date the copy is received, a contest to the

55-20    affidavit.  The court shall hold a hearing on the facts alleged in

55-21    the affidavit as soon as practicable and shall stay the enforcement

55-22    of the penalty on finding that the alleged facts are true.  The

55-23    person who files an affidavit has the burden of proving that the

55-24    person is financially unable to pay the amount of the penalty and

55-25    to give a supersedeas bond.

 56-1          (n)  If the person does not pay the amount of the penalty and

 56-2    the enforcement of the penalty is not stayed, the executive

 56-3    director may refer the matter to the attorney general for

 56-4    collection of the amount of the penalty.

 56-5          (o)  Judicial review of the order:

 56-6                (1)  is instituted by filing a petition as provided by

 56-7    Subchapter G, Chapter 2001, Government Code; and

 56-8                (2)  is under the substantial evidence rule.

 56-9          (p)  If the court sustains the occurrence of the violation,

56-10    the court may uphold or reduce the amount of the penalty and order

56-11    the person to pay the full or reduced amount of the penalty.  If

56-12    the court does not sustain the occurrence of the violation, the

56-13    court shall order that no penalty is owed.

56-14          (q)  When the judgment of the court becomes final, the court

56-15    shall proceed under this subsection.  If the person paid the amount

56-16    of the penalty and if that amount is reduced or is not upheld by

56-17    the court, the court shall order that the appropriate amount plus

56-18    accrued interest be remitted to the person.  The rate of the

56-19    interest is the rate charged on loans to depository institutions by

56-20    the New York Federal Reserve Bank, and the interest shall be paid

56-21    for the period beginning on the date the penalty was paid and

56-22    ending on the date the penalty is remitted.  If the person gave a

56-23    supersedeas bond and if the amount of the penalty is not upheld by

56-24    the court, the court shall order the release of the bond.  If the

56-25    person gave a supersedeas bond and if the amount of the penalty is

 57-1    reduced, the court shall order the release of the bond after the

 57-2    person pays the amount.

 57-3          (r)  A penalty collected under this section shall be sent to

 57-4    the comptroller for deposit in the general revenue fund.

 57-5          (s)  All proceedings under this section are subject to

 57-6    Chapter 2001, Government Code.

 57-7          SECTION 44.  Chapter 43, Human Resources Code, is amended by

 57-8    adding Section 43.0042 to read as follows:

 57-9          Sec. 43.0042.  RECOGNITION OF LICENSE ISSUED BY ANOTHER

57-10    STATE.  (a)  The department may waive any prerequisite to obtaining

57-11    a license for an applicant:

57-12                (1)  after reviewing the applicant's credentials and

57-13    determining that the applicant holds a valid license from another

57-14    state that has license requirements substantially equivalent to

57-15    those of this state; or

57-16                (2)  after determining the applicant has a valid

57-17    license from another state with which this state has a reciprocity

57-18    agreement.

57-19          (b)  The department may enter into an agreement with another

57-20    state to permit licensing by reciprocity.

57-21          SECTION 45.  Chapter 43, Human Resources Code, is amended by

57-22    adding Section 43.0055 to read as follows:

57-23          Sec. 43.0055.  COMPETITIVE BIDDING OR ADVERTISING RULES.

57-24    (a)  The department may not adopt rules restricting competitive

57-25    bidding or advertising by a license holder except to prohibit

 58-1    false, misleading, or deceptive practices.

 58-2          (b)  In its rules to prohibit false, misleading, or deceptive

 58-3    practices, the department may not include a rule that:

 58-4                (1)  restricts the use of any medium for advertising;

 58-5                (2)  restricts the use of a license holder's personal

 58-6    appearance or voice in an advertisement;

 58-7                (3)  relates to the size or duration of an

 58-8    advertisement by the license holder; or

 58-9                (4)  restricts the license holder's advertisement under

58-10    a trade name.

58-11          SECTION 46.  Section 43.006, Human Resources Code, is amended

58-12    to read as follows:

58-13          Sec. 43.006.  FEES.  The board may set and charge fees for

58-14    administering an examination and issuing an initial license, [or]

58-15    renewal license, or provisional license in amounts necessary to

58-16    cover the costs of administering this chapter.

58-17          SECTION 47.  Chapter 43, Human Resources Code, is amended by

58-18    adding Section 43.0081 to read as follows:

58-19          Sec. 43.0081.  PROVISIONAL LICENSE.  (a)  The department may

58-20    issue a provisional license to an applicant licensed in another

58-21    state who applies for a license in this state.  An applicant for a

58-22    provisional license under this section must:

58-23                (1)  be licensed in good standing as a child-care

58-24    administrator for at least two years in another state, the District

58-25    of Columbia, a foreign country, or a territory of the United States

 59-1    that has licensing requirements that are substantially equivalent

 59-2    to the requirements of this chapter;

 59-3                (2)  have passed a national or other examination

 59-4    recognized by the department that demonstrates competence in the

 59-5    field of child-care administration; and

 59-6                (3)  be sponsored by a person licensed by the

 59-7    department under this chapter with whom the provisional license

 59-8    holder may practice under this section.

 59-9          (b)  The department may waive the requirement of Subsection

59-10    (a)(3) for an applicant if the department determines that

59-11    compliance with that subsection constitutes a hardship to the

59-12    applicant.

59-13          (c)  A provisional license is valid until the date the

59-14    department approves or denies the provisional license holder's

59-15    application for a license.  The department shall issue a license

59-16    under this chapter to the provisional license holder if:

59-17                (1)  the provisional license holder passes the

59-18    examination required by Section 43.004;

59-19                (2)  the department verifies that the provisional

59-20    license holder has the academic and experience requirements for a

59-21    license under this chapter; and

59-22                (3)  the provisional license holder satisfies any other

59-23    license requirements under this chapter.

59-24          (d)  The department must complete the processing of a

59-25    provisional license holder's application for a license not later

 60-1    than the 180th day after the date the provisional license is

 60-2    issued.  The department may extend the 180-day limit if the results

 60-3    of the license holder's examination have not been received by the

 60-4    department.

 60-5          SECTION 48.  Subsections (b) through (f), Section 43.009,

 60-6    Human Resources Code, are amended to read as follows:

 60-7          (b)  The board shall recognize, prepare, or administer

 60-8    continuing education programs for license holders.  The continuing

 60-9    education requirement may be fulfilled by studies in the areas of

60-10    legal aspects of child care, concepts related to the field of

60-11    social work, or other subjects approved by the department.

60-12          (c)  A person who is otherwise eligible to renew a license

60-13    may renew an unexpired license by paying to the department before

60-14    the expiration date of the license the required renewal fee.  A

60-15    person whose license has expired may not engage in the activities

60-16    that require a license until the license has been renewed under the

60-17    provisions of this section.

60-18          (d)  If a person's license has been expired for 90 days or

60-19    less, the person may renew the license by paying to the department

60-20    one and [the required renewal fee and a fee that is] one-half times

60-21    the required renewal [of the examination] fee [for the license].

60-22          (e)  If a person's license has been expired for longer than

60-23    90 days but less than one year [two years], the person may renew

60-24    the license by paying to the department two times the required [all

60-25    unpaid] renewal [fees and a] fee [that is equal to the examination

 61-1    fee for the license].

 61-2          (f)  If a person's license has been expired for one year [two

 61-3    years] or longer, the person may not renew the license.  The person

 61-4    may obtain a new license by submitting to reexamination and

 61-5    complying with the requirements and procedures for obtaining an

 61-6    original license.  If the [However, the department may renew

 61-7    without reexamination an expired license of a] person [who] was

 61-8    licensed in this state, moved to another state, and is currently

 61-9    licensed and has been in practice in the other state for the two

61-10    years preceding application, the person may renew an expired

61-11    license without reexamination.  The person must pay to the

61-12    department a fee that is equal to two times the required renewal

61-13    [the examination] fee for the license.

61-14          SECTION 49.  Section 43.010, Human Resources Code, is amended

61-15    to read as follows:

61-16          Sec. 43.010.  LICENSE REVOCATION, [OR] SUSPENSION, OR

61-17    REFUSAL; REPRIMAND OR PROBATION.  (a)  The department shall revoke,

61-18    suspend, or refuse to renew a license, place on probation a person

61-19    whose license has been suspended, or reprimand a license holder for

61-20    a violation by the license holder of this chapter or a rule of the

61-21    board.

61-22          (b)  The department may revoke a license if the license

61-23    holder is:

61-24                (1)  convicted of a felony;

61-25                (2)  convicted of a misdemeanor involving fraud or

 62-1    deceit;

 62-2                (3)  addicted to a dangerous drug or intemperate in the

 62-3    use of alcohol; or

 62-4                (4)  grossly negligent in performing duties as a

 62-5    child-care administrator.

 62-6          (c) [(b)]  The department shall suspend a license, place on

 62-7    probation a person whose license has been suspended, or reprimand a

 62-8    license holder for a violation of this chapter or a rule of the

 62-9    board.

62-10          (d)  If a license suspension is probated, the department may

62-11    require the license holder:

62-12                (1)  to report regularly to the department on the

62-13    conditions [matters that are the basis] of the probation;

62-14                (2)  to limit practice to the areas prescribed by the

62-15    department; or

62-16                (3)  to continue or renew professional education until

62-17    the practitioner attains a degree of skill satisfactory to the

62-18    department in those areas in which improvement is a condition [that

62-19    are the basis] of the probation.

62-20          SECTION 50.  Chapter 43, Human Resources Code, is amended by

62-21    adding Sections 43.0105 and 43.0106 to read as follows:

62-22          Sec. 43.0105.  REVOCATION OF PROBATION.  The department may

62-23    revoke the probation of a license holder whose license is suspended

62-24    if the license holder violates a term of the conditions of

62-25    probation.

 63-1          Sec. 43.0106.  DISCIPLINARY HEARING.  If the department

 63-2    proposes to suspend, revoke, or refuse to renew a person's license,

 63-3    the person is entitled to a hearing conducted by the State Office

 63-4    of Administrative Hearings.  Proceedings for a disciplinary action

 63-5    are governed by the administrative procedure law, Chapter 2001,

 63-6    Government Code.  Rules of practice adopted by the board under

 63-7    Section 2001.004, Government Code, applicable to the proceedings

 63-8    for a disciplinary action may not conflict with rules adopted by

 63-9    the State Office of Administrative Hearings.

63-10          SECTION 51.  Subdivision (2), Section 48.002, Human Resources

63-11    Code, is amended to read as follows:

63-12                (2)  "Abuse" means:

63-13                      (A)  the negligent or wilful infliction of

63-14    injury, unreasonable confinement, intimidation, or cruel punishment

63-15    with resulting physical or emotional harm or pain to an elderly or

63-16    disabled person by the person's caretaker, family member, or other

63-17    individual who has an ongoing relationship with the person; or

63-18                      (B)  sexual abuse of an elderly or disabled

63-19    person, including any involuntary or nonconsensual sexual conduct

63-20    that would constitute an offense under[:]

63-21                            [(i)]  Section 21.08, Penal Code (indecent

63-22    exposure)[;] or

63-23                            [(ii)]  Chapter 22, Penal Code (assaultive

63-24    offenses), committed by the person's caretaker, family member, or

63-25    other individual who has an ongoing relationship with the person.

 64-1          SECTION 52.  Subsection (a), Section 48.0215, Human Resources

 64-2    Code, as amended by Chapters 76, 303, and 1039, Acts of the 74th

 64-3    Legislature, 1995, is amended to read as follows:

 64-4          (a)  The department shall file an application under Section

 64-5    682 or 875 [Chapter XIII], [of the] Texas Probate Code, to be

 64-6    appointed guardian of the person or [and] estate or both of an

 64-7    individual who is a minor, is a conservatee of the department, and,

 64-8    because of a physical or mental condition, will be substantially

 64-9    unable to provide food, clothing, or shelter for himself or

64-10    herself, to care for the individual's own physical health, or to

64-11    manage the individual's own financial affairs when the individual

64-12    becomes an adult.  If a less restrictive alternative to

64-13    guardianship is available for an individual, the department shall

64-14    pursue the alternative instead of applying for appointment as a

64-15    guardian.

64-16          SECTION 53.  Section 48.0215, Human Resources Code, is

64-17    amended by amending Subsection (b) and adding Subsection (e) to

64-18    read as follows:

64-19          (b)  As a last resort, the department may apply to be

64-20    appointed guardian of the person or estate of an elderly or

64-21    disabled person who is found by the department to be in a state of

64-22    abuse, neglect, or exploitation, and who, because of a physical or

64-23    mental condition, will be substantially unable to provide food,

64-24    clothing, or shelter for himself or herself, to care for the

64-25    individual's own physical health, or to manage the individual's own

 65-1    financial affairs.  A representative of the department shall take

 65-2    the oath required by the Texas Probate Code on behalf of the

 65-3    department if the department is appointed guardian.  If the

 65-4    department knows that an individual is willing and able to serve as

 65-5    the guardian, the department may inform the court of that

 65-6    individual's willingness and ability.

 65-7          (e)  The department may not be required to pay fees

 65-8    associated with the appointment of a guardian ad litem or attorney

 65-9    ad litem.

65-10          SECTION 54.  Section 48.036, Human Resources Code, is amended

65-11    by amending Subsection (a) and adding Subsection (c) to read as

65-12    follows:

65-13          (a)  Except as prescribed by Section 48.082, a person having

65-14    [reasonable] cause to believe that an elderly or disabled person is

65-15    in the state of abuse, exploitation, or neglect shall report the

65-16    information required by Subsection (b) immediately to the

65-17    department.

65-18          (c)  The duty imposed by Subsection (a) applies without

65-19    exception to a person whose professional communications are

65-20    generally confidential, including an attorney, clergy member,

65-21    medical practitioner, social worker, and mental health

65-22    professional.

65-23          SECTION 55.  Subchapter C, Chapter 48, Human Resources Code,

65-24    is amended by adding Section 48.0362 to read as follows:

65-25          Sec. 48.0362.  FALSE REPORT; PENALTY.  A person commits an

 66-1    offense if the person knowingly or intentionally reports

 66-2    information as provided in this chapter that the person knows is

 66-3    false or lacks factual foundation.  An offense under this section

 66-4    is a Class B misdemeanor.

 66-5          SECTION 56.  Section 48.037, Human Resources Code, is amended

 66-6    by adding Subsection (c) to read as follows:

 66-7          (c)  The department by rule may assign priorities and

 66-8    prescribe investigative procedures for conducting investigations

 66-9    according to the degree of severity and immediacy of the alleged

66-10    harm to the individual.  Notwithstanding Subsection (a), the

66-11    department's priorities and procedures may provide that an

66-12    investigation is not required to be initiated within 24 hours in

66-13    all cases.  This subsection does not apply to investigations

66-14    conducted under Subchapter E.

66-15          SECTION 57.  Section 48.081, Human Resources Code, is amended

66-16    to read as follows:

66-17          Sec. 48.081.  INVESTIGATION OF REPORTS IN MHMR FACILITIES AND

66-18    IN COMMUNITY CENTERS.  (a)  The department shall receive and

66-19    investigate reports of the abuse, neglect, or exploitation of an

66-20    individual:

66-21                (1)  receiving services in a facility operated by the

66-22    Texas Department of Mental Health and Mental Retardation; or

66-23                (2)  being provided services through a program under

66-24    contract with a facility operated by the Texas Department of Mental

66-25    Health and Mental Retardation.

 67-1          (b)  The department and the Texas Department of Mental Health

 67-2    and Mental Retardation shall develop joint rules to facilitate

 67-3    investigations in state mental health and mental retardation

 67-4    facilities.

 67-5          (c)  The department shall receive and investigate a report of

 67-6    the alleged abuse, neglect, or exploitation of an individual

 67-7    receiving services in a community center or from a program

 67-8    providing services under contract with a community center.

 67-9          (d)  The department shall forward to a state mental health or

67-10    mental retardation facility, a community center, or a program

67-11    providing mental health or mental retardation services under

67-12    contract with such a facility or community center:

67-13                (1)  a copy of any report the department receives

67-14    relating to alleged or suspected abuse, neglect, or exploitation of

67-15    an individual receiving services from that facility, community

67-16    center, or program; and

67-17                (2)  a copy of the department's investigation findings

67-18    and report.

67-19          (e)  The department and the Texas Department of Mental Health

67-20    and Mental Retardation by joint rules shall establish procedures

67-21    for resolving disagreements between the department and the Texas

67-22    Department of Mental Health and Mental Retardation concerning the

67-23    department's investigation findings.  A confirmed investigation

67-24    finding by the department may not be changed by a superintendent of

67-25    a state mental health or mental retardation facility or a director

 68-1    of a community center.

 68-2          (f)  After completion of the appeals process, the department

 68-3    shall refer a complaint relating to an investigation conducted by

 68-4    the department under this section to the department's ombudsman

 68-5    office for appropriate action.

 68-6          (g) [(f)]  If the department's investigation under this

 68-7    section reveals that an elderly or disabled person has been abused

 68-8    by another person in a manner that constitutes a criminal offense

 68-9    under any law, including Section 22.04, Penal Code, a copy of the

68-10    investigation shall be submitted to the appropriate law enforcement

68-11    agency.

68-12          (h)  The department by rule may assign priorities to an

68-13    investigation conducted by the department under this section.  The

68-14    primary criterion used by the department in assigning a priority

68-15    must be the risk that a delay in the investigation will impede the

68-16    collection of evidence.

68-17          (i)  The department and the Texas Department of Mental Health

68-18    and Mental Retardation shall jointly develop and implement a single

68-19    system to track reports and investigations under this section.  To

68-20    facilitate implementation of the system, the department and the

68-21    Texas Department of Mental Health and Mental Retardation shall use

68-22    appropriate methods of measuring the number and outcome of reports

68-23    and investigations under this section.

68-24          (j) [(g)]  In this section, "community center" has the

68-25    meaning assigned by Section 531.002, Health and Safety Code.

 69-1          SECTION 58.  Subsections (b) through (f), Section 48.101,

 69-2    Human Resources Code, are amended to read as follows:

 69-3          (b)  Confidential information may be disclosed only for a

 69-4    purpose consistent with this chapter and as provided by department

 69-5    or investigating state agency rule and applicable federal law.

 69-6          (c)  A court may order disclosure of confidential information

 69-7    only if:

 69-8                (1)  a motion is filed with the court requesting

 69-9    release of the information and a hearing on that request;

69-10                (2)  notice of that hearing is served on the department

69-11    or investigating state agency and each interested party; and

69-12                (3)  the court determines after the hearing and an in

69-13    camera review of the information that disclosure is essential to

69-14    the administration of justice and will not endanger the life or

69-15    safety of any individual who:

69-16                      (A)  is the subject of a report of abuse,

69-17    neglect, or exploitation;

69-18                      (B)  makes a report of abuse, neglect, or

69-19    exploitation; or

69-20                      (C)  participates in an investigation of reported

69-21    abuse, neglect, or exploitation.

69-22          (d)  The department or investigating state agency by rule

69-23    shall provide for the release on request to a person who is the

69-24    subject of a report of abuse, neglect, or exploitation or to that

69-25    person's legal representative of otherwise confidential information

 70-1    relating to that report.  The department or investigating state

 70-2    agency shall edit the information before release to protect the

 70-3    confidentiality of information relating to the reporter's identity

 70-4    and to protect any other individual whose safety or welfare may be

 70-5    endangered by disclosure.

 70-6          (e)  The department or investigating state agency may adopt

 70-7    rules relating to the release of information contained in the

 70-8    record of a deceased individual who was the subject of an

 70-9    investigation conducted by [to whom] the department or

70-10    investigating state agency [has provided protective services].  The

70-11    rules must be consistent with the purposes of this chapter and any

70-12    applicable state or federal law.

70-13          (f)  The department or investigating state agency may

70-14    establish procedures to exchange with another state agency or

70-15    governmental entity information that is necessary for the

70-16    department, state [or the] agency, or entity to properly execute

70-17    its respective duties and responsibilities to provide services to

70-18    elderly or disabled persons under this chapter or other law.  An

70-19    exchange of information under this subsection does not affect

70-20    whether the information is subject to disclosure under Chapter 552,

70-21    Government Code.

70-22          SECTION 59.  Subsection (a), Section 48.103, Human Resources

70-23    Code, is amended to read as follows:

70-24          (a)  A person, including a guardian and notwithstanding

70-25    Section 675, Texas Probate Code, may not interfere with:

 71-1                (1)  an investigation by the department or by a

 71-2    protective services agency of alleged abuse, neglect, or

 71-3    exploitation of an elderly or disabled person; or

 71-4                (2)  the provision of protective services to an elderly

 71-5    or disabled person.

 71-6          SECTION 60.  Section 161.001, Family Code, is amended to read

 71-7    as follows:

 71-8          Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD

 71-9    RELATIONSHIP.  The court may order termination of the parent-child

71-10    relationship if the court finds by clear and convincing evidence:

71-11                (1)  that the parent has:

71-12                      (A)  voluntarily left the child alone or in the

71-13    possession of another not the parent and expressed an intent not to

71-14    return;

71-15                      (B)  voluntarily left the child alone or in the

71-16    possession of another not the parent without expressing an intent

71-17    to return, without providing for the adequate support of the child,

71-18    and remained away for a period of at least three months;

71-19                      (C)  voluntarily left the child alone or in the

71-20    possession of another without providing adequate support of the

71-21    child and remained away for a period of at least six months;

71-22                      (D)  knowingly placed or knowingly allowed the

71-23    child to remain in conditions or surroundings which endanger the

71-24    physical or emotional well-being of the child;

71-25                      (E)  engaged in conduct or knowingly placed the

 72-1    child with persons who engaged in conduct which endangers the

 72-2    physical or emotional well-being of the child;

 72-3                      (F)  failed to support the child in accordance

 72-4    with his ability during a period of one year ending within six

 72-5    months of the date of the filing of the petition;

 72-6                      (G)  abandoned the child without identifying the

 72-7    child or furnishing means of identification, and the child's

 72-8    identity cannot be ascertained by the exercise of reasonable

 72-9    diligence;

72-10                      (H)  voluntarily, and with knowledge of the

72-11    pregnancy, abandoned the mother of the child beginning at a time

72-12    during her pregnancy with the child and continuing through the

72-13    birth, failed to provide adequate support or medical care for the

72-14    mother during the period of abandonment before the birth of the

72-15    child, and remained apart from the child or failed to support the

72-16    child since the birth;

72-17                      (I)  contumaciously refused to submit to a

72-18    reasonable and lawful order of a court under Chapter 264;

72-19                      (J)  been the major cause of:

72-20                            (i)  the failure of the child to be

72-21    enrolled in school as required by the Education Code; or

72-22                            (ii)  the child's absence from the child's

72-23    home without the consent of the parents or guardian for a

72-24    substantial length of time or without the intent to return;

72-25                      (K)  executed before or after the suit is filed

 73-1    an unrevoked or irrevocable affidavit of relinquishment of parental

 73-2    rights as provided by this chapter;

 73-3                      (L)  been adjudicated to be criminally

 73-4    responsible for the death or serious injury of a child;

 73-5                      (M)  had his or her parent-child relationship

 73-6    terminated with respect to another child based on a finding that

 73-7    the parent's conduct was in violation of Paragraph (D) or (E) or

 73-8    substantially equivalent provisions of the law of another state;

 73-9    [or]

73-10                      (N)  constructively abandoned the child who has

73-11    been in the permanent or temporary managing conservatorship of the

73-12    Department of Protective and Regulatory Services or an authorized

73-13    agency for not less than six months [one year], and:

73-14                            (i)  the department or authorized agency

73-15    has made reasonable efforts to return the child to the parent;

73-16                            (ii)  the parent has not regularly visited

73-17    or maintained significant contact with the child; and

73-18                            (iii)  the parent has demonstrated an

73-19    inability to provide the child with a safe environment; or

73-20                      (O)  failed to comply with the provisions of a

73-21    court order that specifically established the actions necessary for

73-22    the parent to obtain the return of the child who has been in the

73-23    permanent or temporary managing conservatorship of the Department

73-24    of Protective and Regulatory Services for not less than nine months

73-25    as a result of the child's removal from the parent under Chapter

 74-1    262 for the abuse or neglect of the child; and

 74-2                (2)  that termination is in the best interest of the

 74-3    child.

 74-4          SECTION 61.  Subchapter C, Chapter 161, Family Code, is

 74-5    amended by adding Section 161.2011 to read as follows:

 74-6          Sec. 161.2011.  CONTINUANCE; ACCESS TO CHILD.  (a)  The court

 74-7    shall not proceed to final trial in a suit to terminate the

 74-8    parent-child relationship during the time that any criminal charges

 74-9    filed against a parent whose rights are subject to termination in

74-10    the suit are pending if the criminal charges are directly related

74-11    to the grounds for which termination of the parent's rights are

74-12    sought unless it determines that it is in the best interest of the

74-13    child.

74-14          (b)  Nothing in this section precludes the court from issuing

74-15    appropriate temporary orders as authorized in this code.

74-16          (c)  The court in which a suit to terminate the parent-child

74-17    relationship is pending may render an order denying a parent access

74-18    to a child if the parent is indicted for criminal activity that

74-19    constitutes a ground for terminating the parent-child relationship

74-20    under Section 161.001.  The denial of access under this section

74-21    shall continue until the date the criminal charges for which the

74-22    parent was indicted are resolved and the court renders an order

74-23    providing for access to the child by the parent.

74-24          SECTION 62.  Subchapter B, Chapter 201, Family Code, is

74-25    amended by adding Section 201.1085 to read as follows:

 75-1          Sec. 201.1085.  DISCRETIONARY APPOINTMENT OF MASTER FOR CHILD

 75-2    PROTECTION CASES.  The presiding judge may appoint a master for a

 75-3    court handling child protection cases if the court needs assistance

 75-4    in order to process the cases in a reasonable time.

 75-5          SECTION 63.  Section 261.001, Family Code, is amended by

 75-6    adding Subdivision (7) to read as follows:

 75-7                (7)  "Board" means the Board of Protective and

 75-8    Regulatory Services.

 75-9          SECTION 64.  Subchapter A, Chapter 261, Family Code, is

75-10    amended by adding Section 261.004 to read as follows:

75-11          Sec. 261.004.  STATISTICS OF ABUSE AND NEGLECT OF CHILDREN.

75-12    (a)  The department shall prepare and disseminate statistics by

75-13    county relating to the department's activities under this subtitle

75-14    and include the information specified in Subsection (b) in an

75-15    annual report available to the public.

75-16          (b)  The department shall report the following information:

75-17                (1)  the number of initial phone calls received by the

75-18    department alleging abuse and neglect;

75-19                (2)  the number of children reported to the department

75-20    as having been abused and neglected;

75-21                (3)  the number of reports received by the department

75-22    alleging abuse or neglect and assigned by the department for

75-23    investigation;

75-24                (4)  of the children to whom Subdivision (2) applies:

75-25                      (A)  the number for whom the report was

 76-1    substantiated;

 76-2                      (B)  the number for whom the report was

 76-3    unsubstantiated;

 76-4                      (C)  the number for whom the report was

 76-5    determined to be false;

 76-6                      (D)  the number who did not receive services from

 76-7    the department under a state or federal program;

 76-8                      (E)  the number who received services, including

 76-9    preventative services, from the department under a state or federal

76-10    program; and

76-11                      (F)  the number who were removed from the child's

76-12    home during the preceding year;

76-13                (5)  the number of families in which the child was not

76-14    removed, but the child or family received services from the

76-15    department;

76-16                (6)  the number of children who died during the

76-17    preceding year as a result of child abuse or neglect;

76-18                (7)  of the children to whom Subdivision (6) applies,

76-19    the number who were in foster care at the time of death;

76-20                (8)  the number of child protective services workers

76-21    responsible for report intake, assessment, or investigation;

76-22                (9)  the response time by the department with respect

76-23    to conducting an initial investigation of a report of child abuse

76-24    or neglect;

76-25                (10)  the response time by the department with respect

 77-1    to commencing services to families and children for whom an

 77-2    allegation of abuse or neglect has been made;

 77-3                (11)  the number of children who were returned to their

 77-4    families or who received family preservation services and who,

 77-5    before the fifth anniversary of the date of return or receipt, were

 77-6    the victims of substantiated reports of child abuse or neglect,

 77-7    including abuse or neglect resulting in the death of the child;

 77-8                (12)  the number of cases pursued by the department in

 77-9    each stage of the judicial process, including civil and criminal

77-10    proceedings and the results of each proceeding; and

77-11                (13)  the number of children for whom a person was

77-12    appointed by the court to represent the best interests of the child

77-13    and the average number of out-of-court contacts between the person

77-14    and the child.

77-15          (c)  The department shall compile the information specified

77-16    in Subsection (b) for the preceding year in a report to be

77-17    submitted to the legislature and the general public not later than

77-18    February 1 of each year.

77-19          SECTION 65.  Subsections (a), (b), and (c), Section 261.101,

77-20    Family Code, are amended to read as follows:

77-21          (a)  A person having cause to believe that a child's physical

77-22    or mental health or welfare has been [or may be] adversely affected

77-23    by abuse or neglect by any person shall immediately make a report

77-24    as provided by this subchapter.

77-25          (b)  If a professional has cause to believe that a child has

 78-1    been [or may be] abused or neglected or that a child is a victim of

 78-2    an offense under Section 21.11, Penal Code, and that the

 78-3    professional has cause to believe that the child has been abused as

 78-4    defined by Section 261.001, the professional shall make a report

 78-5    not later than the 48th hour after the hour the professional first

 78-6    suspects that the child has been or may be abused or neglected or

 78-7    is a victim of an offense under Section 21.11, Penal Code.  A

 78-8    professional may not delegate to or rely on another person to make

 78-9    the report.  In this subsection, "professional" means an individual

78-10    who is licensed or certified by the state or who is an employee of

78-11    a facility licensed, certified, or operated by the state and who,

78-12    in the normal course of official duties or duties for which a

78-13    license or certification is required, has direct contact with

78-14    children.  The term includes teachers, nurses, doctors, [and]

78-15    day-care employees, and employees of a clinic or health care

78-16    facility that provides reproductive services.

78-17          (c)  The requirement to report under this section applies

78-18    without exception to an individual whose personal communications

78-19    may otherwise be privileged, including an attorney, a member of the

78-20    clergy, a medical practitioner, a social worker, [and] a mental

78-21    health professional, and an employee of a clinic or health care

78-22    facility that provides reproductive services.

78-23          SECTION 66.  Subsection (a), Section 261.105, Family Code, is

78-24    amended to read as follows:

78-25          (a)  All reports received by a local or state law enforcement

 79-1    agency that allege abuse or neglect by a person responsible for a

 79-2    child's care, custody, or welfare shall be referred immediately to

 79-3    the department or the designated agency.

 79-4          SECTION 67.  Subchapter B, Chapter 261, Family Code, is

 79-5    amended by adding Section 261.1055 to read as follows:

 79-6          Sec. 261.1055.  NOTIFICATION OF DISTRICT ATTORNEYS.  (a)  A

 79-7    district attorney may inform the department or designated agency

 79-8    that the district attorney wishes to receive notification of some

 79-9    or all reports of suspected abuse or neglect of children who were

79-10    in the county at the time the report was made or who were in the

79-11    county at the time of the alleged abuse or neglect.

79-12          (b)  If the district attorney makes the notification under

79-13    this section, the department or designated agency shall, on receipt

79-14    of a report of suspected abuse or neglect, immediately notify the

79-15    district attorney as requested and the department or designated

79-16    agency shall forward a copy of the reports to the district attorney

79-17    on request.

79-18          SECTION 68.  Section 261.107, Family Code, is amended to read

79-19    as follows:

79-20          Sec. 261.107.  FALSE REPORT; PENALTY.  (a)  A person commits

79-21    an offense if the person knowingly or intentionally makes a report

79-22    as provided in this chapter that the person knows is false or lacks

79-23    factual foundation.  An offense under this section [subsection] is

79-24    a Class A [B] misdemeanor unless it is shown on the trial of the

79-25    offense that the person has previously been convicted under this

 80-1    section, in which case the offense is a state jail felony.

 80-2          (b)  A finding by a court in a suit affecting the

 80-3    parent-child relationship that a report made under this chapter

 80-4    before or during the suit was false or lacking factual foundation

 80-5    may be grounds for the court to modify an order providing for

 80-6    possession of or access to the child who was the subject of the

 80-7    report by restricting further access to the child by the person who

 80-8    made the report.

 80-9          (c)  The appropriate county prosecuting attorney shall be

80-10    responsible for the prosecution of an offense under this section.

80-11          SECTION 69.  Subsection (a), Section 261.201, Family Code, is

80-12    amended to read as follows:

80-13          (a)  The following information is confidential, is not

80-14    subject to public release under Chapter 552, Government Code, and

80-15    may be disclosed only for purposes consistent with this code and

80-16    applicable federal or state law or under rules adopted by an

80-17    investigating agency:

80-18                (1)  a report of alleged or suspected abuse or neglect

80-19    made under this chapter and the identity of the person making the

80-20    report; and

80-21                (2)  except as otherwise provided in this section, the

80-22    files, reports, records, communications, audiotapes, videotapes,

80-23    and working papers used or developed in an investigation under this

80-24    chapter or in providing services as a result of an investigation.

80-25          SECTION 70.  Subsection (a), Section 261.301, Family Code, is

 81-1    amended to read as follows:

 81-2          (a)  With assistance from the appropriate state or local law

 81-3    enforcement agency, the [The] department or designated agency shall

 81-4    make a prompt and thorough investigation of a report of child abuse

 81-5    or neglect allegedly committed by a person responsible for a

 81-6    child's care, custody, or welfare.

 81-7          SECTION 71.  Subchapter D, Chapter 261, Family Code, is

 81-8    amended by adding Section 261.3015 to read as follows:

 81-9          Sec. 261.3015.  FLEXIBLE RESPONSE SYSTEM.  (a)  In assigning

81-10    priorities and prescribing investigative procedures based on the

81-11    severity and immediacy of the alleged harm to a child under Section

81-12    261.301(d), the board by rule shall establish a flexible response

81-13    system to allow the department to allocate resources by

81-14    investigating serious cases of abuse and neglect and providing

81-15    assessment and family preservation services in less serious cases.

81-16          (b)  The classification under the flexible response system of

81-17    a case may be changed as warranted by the circumstances.

81-18          (c)  The department may implement the flexible response

81-19    system by establishing a pilot program in a single department

81-20    service region.  The department shall study the results of the

81-21    system in the region in determining the method by which to

81-22    implement the system statewide.

81-23          SECTION 72.  Subchapter D, Chapter 261, Family Code, is

81-24    amended by adding Section 261.3019 to read as follows:

81-25          Sec. 261.3019.  PILOT PROGRAMS FOR INVESTIGATIONS OF CHILD

 82-1    ABUSE.  (a)  On or after September 1, 1997, but not later than

 82-2    March 1, 1998, the department shall enter into two agreements, one

 82-3    with a sheriff of a county with a population of not less than

 82-4    500,000 and if necessary for jurisdictional purposes any other law

 82-5    enforcement agency, and one with a sheriff of a county with a

 82-6    population of 25,000 or less and if necessary for jurisdictional

 82-7    purposes any other law enforcement agency, under which the sheriff

 82-8    or law enforcement agency shall conduct investigations of reports

 82-9    of abuse.  The commissioners court of a county that is eligible to

82-10    establish a pilot program and that intends to do so shall inform

82-11    the department of the county's interest.

82-12          (b)  An agreement under this section shall:

82-13                (1)  specify the respective roles of law enforcement

82-14    and department staff in the investigative process;

82-15                (2)  provide for the department to assist in the

82-16    removal of a child under Chapter 262 as necessary for the

82-17    protection of the child;

82-18                (3)  provide for the use of any available children's

82-19    advocacy center or multidisciplinary team under Subchapter E,

82-20    Chapter 264;

82-21                (4)  include provisions for the reimbursement by the

82-22    department from available state and federal funds of the costs

82-23    incurred by the sheriff or law enforcement agency in conducting an

82-24    investigation of a report of abuse;

82-25                (5)  develop a plan for the transfer of calls received

 83-1    by the state child abuse hotline to the local law enforcement

 83-2    agency;

 83-3                (6)  develop a plan to be submitted to the department

 83-4    that specifies the manner in which the county's law enforcement

 83-5    agency shall handle investigations, investigator training, and the

 83-6    processing of reports made to the local agency;

 83-7                (7)  permit an additional contract with other

 83-8    appropriate local law enforcement agencies, if necessary for

 83-9    jurisdictional purposes, to implement the pilot program; and

83-10                (8)  contain provisions the department and the sheriff

83-11    and law enforcement determine to be necessary and appropriate.

83-12          (c)  The department may provide advice and technical

83-13    assistance to the county to ensure that the county complies with

83-14    state and federal law in implementing and operating the pilot

83-15    program.

83-16          (d)  Under each pilot program, the department shall provide

83-17    to a participating county law enforcement agency:

83-18                      (A)  information regarding:

83-19                            (i)  the average number of child abuse

83-20    cases that are typically investigated; and

83-21                            (ii)  staff and investigator training; and

83-22                      (B)  other assistance necessary to adequately

83-23    implement and fund the pilot program.

83-24          (e)  Under the pilot program, the commissioners court shall

83-25    establish an independent local citizens review board composed of

 84-1    seven volunteers who represent the community, including members who

 84-2    have experience in matters relating to child abuse and including

 84-3    one member who is licensed as a psychologist, one member licensed

 84-4    as a medical or health professional, and one member who is a

 84-5    licensed or ordained priest, rabbi, or officer of a religious

 84-6    organization.  A member of a review board may not be an employee of

 84-7    or contract with any participating law enforcement agency or the

 84-8    department.  The citizens review board shall prepare and make

 84-9    available to the public on an annual basis a report containing a

84-10    summary of the activities of the board.

84-11          (f)  The commissioners court may apply for any grants and

84-12    research other sources of funding for the county's participation in

84-13    the pilot program.

84-14          (g)  An agreement under Subsection (a) is not required to

84-15    provide for:

84-16                (1)  the investigation of abuse alleged to have

84-17    occurred in a facility or home regulated by the department under

84-18    Chapter 42, Human Resources Code; or

84-19                (2)  an investigation conducted under Section 48.081,

84-20    Human Resources Code, or Section 261.404.

84-21          (h)  The state auditor shall perform an audit and evaluation

84-22    of the pilot program under this section.  In preparing the

84-23    evaluation, the auditor shall consider any report prepared by a

84-24    citizens review board established under Subsection (e).  The

84-25    auditor shall report, not later than March 1, 2001, the results of

 85-1    the audit and evaluation to the presiding officers of both houses

 85-2    of the 77th Legislature and to the governor.  The report must

 85-3    include an evaluation of the strengths and weaknesses of the pilot

 85-4    program and a recommendation about the feasibility of expanding the

 85-5    pilot program statewide.

 85-6          (i)  The department shall adopt rules necessary to perform

 85-7    the department's duties under this section.

 85-8          (j)  This section expires September 1, 2001.

 85-9          SECTION 73.  Section 261.302, Family Code, is amended by

85-10    adding Subsection (e) to read as follows:

85-11          (e)  An interview with a child alleged to be a victim of

85-12    physical abuse or sexual abuse shall be audiotaped or videotaped

85-13    unless the investigating agency determines that good cause exists

85-14    for not audiotaping or videotaping the interview in accordance with

85-15    rules of the agency.  Good cause may include, but is not limited

85-16    to, such considerations as the age of the child and the nature and

85-17    seriousness of the allegations under investigation.  Nothing in

85-18    this subsection shall be construed as prohibiting the investigating

85-19    agency from audiotaping or videotaping an interview of a child on

85-20    any case for which such audiotaping or videotaping is not required

85-21    under this subsection.  The fact that the investigating agency

85-22    failed to audiotape or videotape an interview is admissible at the

85-23    trial of the offense that is the subject of the interview.

85-24          SECTION 74.  Section 261.311, Family Code, is amended to read

85-25    as follows:

 86-1          Sec. 261.311.  NOTICE OF REPORT [INTERVIEW OR EXAMINATION].

 86-2    (a)  When [If,] during an investigation of a report of suspected

 86-3    child abuse or neglect[,] a representative of the department or the

 86-4    designated agency conducts an interview with or an examination of a

 86-5    child, the department or designated agency shall make a reasonable

 86-6    effort before 24 hours after the time of the interview or

 86-7    examination to notify each parent of the child and the child's

 86-8    legal guardian, if one has been appointed, of the nature of the

 86-9    allegation and of the fact that the interview or examination was

86-10    conducted.

86-11          (b)  If a report of suspected child abuse or neglect is

86-12    administratively closed by the department or designated agency as a

86-13    result of a preliminary investigation that did not include an

86-14    interview or examination of the child, the department or designated

86-15    agency shall make a reasonable effort before the expiration of 24

86-16    hours after the time the investigation is closed to notify each

86-17    parent and legal guardian of the child of the disposition of the

86-18    investigation.

86-19          (c)  The notice required by Subsection (a) or (b) is not

86-20    required if the department or agency determines that the notice is

86-21    likely to endanger the safety of the child who is the subject of

86-22    the report, the person who made the report, or any other person who

86-23    participates in the investigation of the report.

86-24          (d)  The notice required by Subsection (a) or (b) may be

86-25    delayed at the request of a law enforcement agency if notification

 87-1    during the required time would interfere with an ongoing criminal

 87-2    investigation.

 87-3          SECTION 75.  Subchapter D, Chapter 261, Family Code, is

 87-4    amended by adding Section 261.315 to read as follows:

 87-5          Sec. 261.315.  REMOVAL OF CERTAIN INVESTIGATION INFORMATION

 87-6    FROM RECORDS.  (a)  At the conclusion of an investigation in which

 87-7    the department determines that the person alleged to have abused or

 87-8    neglected a child did not commit abuse or neglect, the department

 87-9    shall notify the person of the person's right to request the

87-10    department to remove information about the person's alleged role in

87-11    the abuse or neglect report from the department's records.

87-12          (b)  On request under Subsection (a) by a person whom the

87-13    department has determined did not commit abuse or neglect, the

87-14    department shall remove information from the department's records

87-15    concerning the person's alleged role in the abuse or neglect

87-16    report.

87-17          (c)  The board shall adopt rules necessary to administer this

87-18    section.

87-19          SECTION 76.  Subsection (a), Section 262.109, Family Code, is

87-20    amended to read as follows:

87-21          (a)  The department or other agency must give written notice

87-22    as prescribed by this section to each parent of the child or to the

87-23    child's [parent,] conservator[,] or legal guardian when a

87-24    representative of the Department of Protective and Regulatory

87-25    Services or other agency takes possession of a child under this

 88-1    chapter.

 88-2          SECTION 77.  Subsection (c), Section 262.201, Family Code, is

 88-3    amended to read as follows:

 88-4          (c)  If the court finds sufficient evidence to satisfy a

 88-5    person of ordinary prudence and caution that there is a continuing

 88-6    danger to the physical health or safety of the child and for the

 88-7    child to remain in the home is contrary to the welfare of the

 88-8    child, the court shall:

 88-9                (1)  issue an appropriate temporary order under Chapter

88-10    105; and

88-11                (2)  inform each parent in open court that parental and

88-12    custodial rights and duties may be subject to restriction or to

88-13    termination unless the parent or parents are willing and able to

88-14    provide the child with a safe environment.

88-15          SECTION 78.  Section 262.201, Family Code, is amended by

88-16    adding Subsection (e) to read as follows:

88-17          (e)  The court shall place a child removed from the child's

88-18    custodial parent with the child's noncustodial parent or with a

88-19    relative of the child if placement with the noncustodial parent is

88-20    inappropriate, unless placement with the noncustodial parent or a

88-21    relative is not in the best interest of the child.

88-22          SECTION 79.  Subchapter C, Chapter 262, Family Code, is

88-23    amended by adding Section 262.2015 to read as follows:

88-24          Sec. 262.2015.  ACCELERATED TRIAL ON THE MERITS.  The court

88-25    may accelerate the trial schedule to result in a final order for a

 89-1    child under the care of the department at an earlier date than

 89-2    provided by Subchapter D, Chapter 263, if the court:

 89-3                (1)  orders at the conclusion of the full adversary

 89-4    hearing that the child may not be placed in the child's home;

 89-5                (2)  finds that the child is a victim of serious bodily

 89-6    injury or sexual abuse; and

 89-7                (3)  finds that there is probable cause to believe that

 89-8    a party to the suit has engaged in conduct against the child that

 89-9    would constitute an offense under the following provisions of the

89-10    Penal Code:

89-11                      (A)  Section 21.11 (indecency with a child);

89-12                      (B)  Section 22.011 (sexual assault);

89-13                      (C)  Section 22.02 (aggravated assault);

89-14                      (D)  Section 22.021 (aggravated sexual assault);

89-15                      (E)  Section 22.04 (injury to a child, elderly

89-16    individual, or disabled individual);

89-17                      (F)  Section 22.041 (abandoning or endangering

89-18    child);

89-19                      (G)  Section 25.02 (prohibited sexual conduct);

89-20                      (H)  Section 43.25 (sexual performance by a

89-21    child); or

89-22                      (I)  Section 43.26 (possession or promotion of

89-23    child pornography).

89-24          SECTION 80.  Subchapter A, Chapter 263, Family Code, is

89-25    amended by adding Section 263.006 to read as follows:

 90-1          Sec. 263.006.  WARNING TO PARENTS.  At the status hearing

 90-2    under Subchapter C and at each permanency hearing under Subchapter

 90-3    D held after the court has rendered a temporary order appointing

 90-4    the department as temporary managing conservator, the court shall

 90-5    inform each parent in open court that parental and custodial rights

 90-6    and duties may be subject to restriction or to termination unless

 90-7    the parent or parents are willing and able to provide the child

 90-8    with a safe environment.

 90-9          SECTION 81.  Section 263.201, Family Code, is amended to read

90-10    as follows:

90-11          Sec. 263.201.  STATUS HEARING; TIME.  Not later than the 60th

90-12    day after the date the court renders a temporary order appointing

90-13    the department as temporary managing conservator of a child [of a

90-14    full adversary hearing under Chapter 262], the court shall hold a

90-15    status hearing to review the child's status and the permanency plan

90-16    developed for the child.

90-17          SECTION 82.  The heading to Subchapter D, Chapter 263, Family

90-18    Code, is amended to read as follows:

90-19                SUBCHAPTER D.  PERMANENCY [REVIEW] HEARINGS

90-20          SECTION 83.  Subsections (a) and (b), Section 263.301, Family

90-21    Code, are amended to read as follows:

90-22          (a)  Notice of a permanency [review] hearing shall be given

90-23    as provided by Rule 21a, Texas Rules of Civil Procedure, to all

90-24    persons entitled to notice of the hearing.

90-25          (b)  The following persons are entitled to at least 10 days'

 91-1    notice of a permanency hearing [to review a child's placement] and

 91-2    are entitled to present evidence and be heard at the hearing:

 91-3                (1)  the department;

 91-4                (2)  the foster parent or director of the group home or

 91-5    institution where the child is residing;

 91-6                (3)  each parent of the child;

 91-7                (4)  the managing conservator or guardian of the child;

 91-8    [and]

 91-9                (5)  an attorney ad litem appointed for the child under

91-10    Chapter 107;

91-11                (6)  a volunteer advocate appointed for the child under

91-12    Chapter 107; and

91-13                (7)  any other person or agency named by the court to

91-14    have an interest in the child's welfare.

91-15          SECTION 84.  Section 263.302, Family Code, is amended to read

91-16    as follows:

91-17          Sec. 263.302.  CHILD'S ATTENDANCE AT HEARING.  The [court may

91-18    dispense with the attendance of the] child shall attend each

91-19    permanency hearing unless the court specifically excuses the

91-20    child's attendance.  Failure by the child to attend a hearing does

91-21    not affect the validity of an order rendered at the [at a placement

91-22    review] hearing.

91-23          SECTION 85.  Subchapter D, Chapter 263, Family Code, is

91-24    amended by adding Section 263.3025 to read as follows:

91-25          Sec. 263.3025.  PERMANENCY PLAN.  (a)  The department shall

 92-1    prepare a permanency plan for a child for whom the department has

 92-2    been appointed temporary managing conservator.  The department

 92-3    shall give a copy of the plan to each person entitled to notice

 92-4    under Section 263.301(b) not later than the 10th day before the

 92-5    date of the child's first permanency hearing.

 92-6          (b)  In addition to the requirements of the department rules

 92-7    governing permanency planning, the permanency plan must contain the

 92-8    information required to be included in a permanency progress report

 92-9    under Section 263.303.

92-10          (c)  The department shall modify the permanency plan for a

92-11    child as required by the circumstances and needs of the child.

92-12          SECTION 86.  Section 263.303, Family Code, is amended to read

92-13    as follows:

92-14          Sec. 263.303.  PERMANENCY PROGRESS [STATUS] REPORT.  (a)  Not

92-15    later than the 10th day before the date set for each permanency

92-16    hearing other than the first permanency [review] hearing, the

92-17    department or other authorized agency shall file with the court and

92-18    provide to each party, the child's attorney ad litem, and the

92-19    child's volunteer advocate a permanency progress [status] report

92-20    unless the court orders a different period for providing the report

92-21    [or orders that a report is not required for a specific hearing].

92-22          (b)  The permanency progress [status] report must:

92-23                (1)  recommend that the suit be dismissed; or

92-24                (2)  recommend that the suit continue, and:

92-25                      (A)  identify the date for dismissal of the suit

 93-1    under this chapter;

 93-2                      (B)  provide:

 93-3                            (i)  the name of any person entitled to

 93-4    notice under Chapter 102 who has not been served;

 93-5                            (ii)  a description of the efforts by the

 93-6    department or another agency to locate and request service of

 93-7    citation; and

 93-8                            (iii)  a description of each parent's

 93-9    assistance in providing information necessary to locate an unserved

93-10    party;

93-11                      (C)  evaluate [all relevant information

93-12    concerning each of the guidelines under this chapter and] the

93-13    parties' compliance with temporary orders and with the service

93-14    plan;

93-15                      (D)  evaluate whether the child's placement in

93-16    substitute care meets the child's needs and recommend other plans

93-17    or services to meet the child's special needs or circumstances;

93-18                      (E)  describe the permanency plan for the child

93-19    and recommend actions necessary to ensure that a final order

93-20    consistent with that permanency plan is rendered before the date

93-21    for dismissal of the suit under this chapter; and

93-22                      (F) [(2)  recommend one of the following actions:]

93-23                      [(A)  that the child be returned to the child's

93-24    home and that the suit be dismissed;]

93-25                      [(B)  that the child be returned to the child's

 94-1    home with the department or other agency retaining conservatorship;]

 94-2                      [(C)  that the child remain in substitute care

 94-3    for a specified period and that the child's parents continue to

 94-4    work toward providing the child with a safe environment;]

 94-5                      [(D)  that the child remain in substitute care

 94-6    for a specified period and that termination of parental rights be

 94-7    sought under this code;]

 94-8                      [(E)  that a child who has resided in substitute

 94-9    care for at least 18 months be placed or remain in permanent or

94-10    long-term substitute care because of the child's special needs or

94-11    circumstances; or]

94-12                      [(F)  that other plans be made or other services

94-13    provided in accordance with the child's special needs or

94-14    circumstances; and]

94-15                [(3)]  with respect to a child 16 years of age or

94-16    older, identify the services needed to assist the child in the

94-17    transition to adult life.

94-18          (c)  A parent whose parental rights are the subject of a suit

94-19    affecting the parent-child relationship, the attorney for that

94-20    parent, or the child's attorney ad litem or guardian ad litem may

94-21    file a response to the department's or other agency's report filed

94-22    under Subsection (b).  A response must be filed not later than the

94-23    third day before the date of the hearing.

94-24          SECTION 87.  Section 263.304, Family Code, is amended to read

94-25    as follows:

 95-1          Sec. 263.304.  INITIAL PERMANENCY [REVIEW] HEARING; TIME.

 95-2    Not later than the 180th day after the date the court renders a

 95-3    temporary order appointing the department as temporary managing

 95-4    conservator of a child [of the conclusion of the full adversary

 95-5    hearing under Chapter 262], the court shall hold a permanency

 95-6    hearing to review the status of, and permanency plan for, the [a]

 95-7    child to ensure that a final order consistent with that permanency

 95-8    plan is rendered before the date for dismissal of the suit under

 95-9    this chapter [in substitute care in the court's jurisdiction,

95-10    including the time for the completion of the plan and the projected

95-11    date for the achievement of the child's permanency plan].

95-12          SECTION 88.  Section 263.305, Family Code, is amended to read

95-13    as follows:

95-14          Sec. 263.305.  SUBSEQUENT PERMANENCY [REVIEW] HEARINGS.  A

95-15    subsequent permanency hearing before entry of a final order

95-16    [Subsequent review hearings] shall be held [not earlier than 5 1/2

95-17    months and] not later than the 120th day [seven months] after the

95-18    date of  the last permanency hearing in the suit.  For [unless,

95-19    for] good cause shown or on the court's own motion [by a party],

95-20    the court may order more frequent hearings [an earlier hearing is

95-21    approved by the court].

95-22          SECTION 89.  Section 263.306, Family Code, is amended to read

95-23    as follows:

95-24          Sec. 263.306.  PERMANENCY [REVIEW] HEARINGS:  PROCEDURE.  At

95-25    each permanency [review] hearing the court shall [determine]:

 96-1                (1)  identify [the identity of] all persons or parties

 96-2    present at the hearing or those given notice but failing to appear;

 96-3                (2)  review the efforts of the department or another

 96-4    agency in:

 96-5                      (A)  attempting to locate all necessary persons;

 96-6                      (B)  requesting service of citation; and

 96-7                      (C)  obtaining the assistance of a parent in

 96-8    providing information necessary to locate an absent parent;

 96-9                (3)  return the child to the parent or parents if

96-10    [whether] the child's parent or parents are willing and able to

96-11    provide the child with a safe environment and the return of the

96-12    child is in the child's best interest;

96-13                (4)  place the child with a person or entity, other

96-14    than a parent, entitled to service under Chapter 102 if the person

96-15    or entity is willing and able to provide the child with a safe

96-16    environment and the return of the child is in the child's best

96-17    interest;

96-18                (5)  evaluate the department's efforts to identify

96-19    relatives who could provide the child with a safe environment, if

96-20    the child is not returned to a parent or another person or entity

96-21    entitled to service under Chapter 102;

96-22                (6)  evaluate the parties' compliance with temporary

96-23    orders and

96-24                [(3)  the extent to which the child's parents have

96-25    taken the necessary actions or responsibilities toward achieving

 97-1    the plan goal during the period of the service plan and the extent

 97-2    to which the department or other authorized agency has provided

 97-3    assistance to the parents as provided in] the service plan;

 97-4                (7)  determine [(4)] whether:

 97-5                      (A)  the child continues to need substitute care;

 97-6                      (B)  [and whether] the child's current placement

 97-7    is appropriate for meeting the child's needs; and

 97-8                      (C)  other plans or services are needed to meet

 97-9    the child's special needs or circumstances;

97-10                (8)  if the child is placed in institutional care,

97-11    determine whether efforts have been made to ensure placement of the

97-12    child in the least restrictive environment consistent with the best

97-13    interest and special needs of the child;

97-14                (9)  if the child is 16 years of age or older, order

97-15    services that are needed to assist the child in making the

97-16    transition from substitute care to independent living if the

97-17    services are available in the community;

97-18                (10)  determine plans, services, and further temporary

97-19    orders necessary to ensure that a final order is rendered before

97-20    the date for dismissal of the suit under this chapter; and

97-21                (11)  determine the date for dismissal of the suit

97-22    under this chapter and give notice in open court to all parties of:

97-23                      (A)  the dismissal date;

97-24                      (B)  the date of the next permanency hearing; and

97-25                      (C)  the date the suit is set for trial.

 98-1                [(5)  a date for achieving the child's permanency plan;]

 98-2                [(6)  if the child has been in substitute care for not

 98-3    less than 18 months, the future status of the child and the

 98-4    appropriateness of the date by which the child may return home and

 98-5    whether to render further appropriate orders;]

 98-6                [(7)  if the child is in substitute care outside the

 98-7    state, whether the out-of-state placement continues to be

 98-8    appropriate and in the best interest of the child;]

 98-9                [(8)  whether the child's parents are willing and able

98-10    to provide the child with a safe environment without the assistance

98-11    of a service plan and, if so, return the child to the parents;]

98-12                [(9)  whether the child's parents are willing and able

98-13    to provide the child with a safe environment with the assistance of

98-14    a service plan and, if so, return the child or continue the

98-15    placement of the child in the child's home under the department's

98-16    or other agency's supervision;]

98-17                [(10)  whether the child's parents are presently

98-18    unwilling or unable to provide the child with a safe environment,

98-19    even with the assistance of a service plan, and, if so, order the

98-20    child to remain under the department's or other agency's managing

98-21    conservatorship for a period of time specified by the court;]

98-22                [(11)  whether a long-term substitute care placement is

98-23    in the child's best interest because of the child's special needs

98-24    or circumstances and, if so, begin a long-term substitute care

98-25    placement and if the child is placed in institutional care, whether

 99-1    efforts have been made to ensure placement of the child in the

 99-2    least restrictive environment consistent with the best interest and

 99-3    special needs of the child;]

 99-4                [(12)  whether a child is 16 years of age or older and,

 99-5    if so, order the services that are needed to assist the child in

 99-6    making the transition from substitute care to independent living if

 99-7    the services are available in the community;]

 99-8                [(13)  whether the child has been placed with the

 99-9    department under a voluntary placement agreement and, if so, order

99-10    that the department will institute further proceedings or return

99-11    the child to the parents;]

99-12                [(14)  whether the department or authorized agency has

99-13    custody, care, and control of the child under an affidavit of

99-14    relinquishment of parental rights naming the department managing

99-15    conservator and, if so, direct the department or authorized agency

99-16    to institute further proceedings; and]

99-17                [(15)  whether parental rights to the child have been

99-18    terminated and, if so, determine whether the department or

99-19    authorized agency will attempt to place the child for adoption.]

99-20          SECTION 90.  Chapter 263, Family Code, is amended by adding

99-21    Subchapters E and F to read as follows:

99-22        SUBCHAPTER E.  FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE

99-23          Sec. 263.401.  DISMISSAL AFTER ONE YEAR; EXTENSION.

99-24    (a)  Unless the court has rendered a final order or granted an

99-25    extension under Subsection (b), on the first Monday after the first

 100-1   anniversary of the date the court rendered a temporary order

 100-2   appointing the department as temporary managing conservator, the

 100-3   court shall dismiss the suit affecting the parent-child

 100-4   relationship filed by the department that requests termination of

 100-5   the parent-child relationship or requests that the department be

 100-6   named conservator of the child.

 100-7         (b)  On or before the time described by Subsection (a) for

 100-8   the dismissal of the suit, the court may extend the court's

 100-9   jurisdiction of the suit for a period stated in the extension

100-10   order, but not longer than 180 days after the time described by

100-11   Subsection (a), if the court has continuing jurisdiction of the

100-12   suit and the appointment of the department as temporary managing

100-13   conservator is in the best interest of the child.  If the court

100-14   grants an extension, the extension order must also:

100-15               (1)  schedule the new date for dismissal of the suit;

100-16   and

100-17               (2)  make further temporary orders for the safety and

100-18   welfare of the child as necessary to avoid further delay in

100-19   resolving the suit.

100-20         (c)  If the court grants an extension, the court shall render

100-21   a final order or dismiss the suit on or before the date specified

100-22   in the extension order and may not grant an additional extension.

100-23         (d)  For purposes of this section, a final order is an order

100-24   that:

100-25               (1)  requires that a child be returned to the child's

 101-1   parent;

 101-2               (2)  names a relative of the child or another person as

 101-3   the child's managing conservator;

 101-4               (3)  without terminating the parent-child relationship,

 101-5   appoints the department as the managing conservator of the child;

 101-6   or

 101-7               (4)  terminates the parent-child relationship and

 101-8   appoints a relative of the child, another suitable person, or the

 101-9   department as managing conservator of the child.

101-10         Sec. 263.402.  RETURN OF CHILD TO PARENT OR PLACEMENT WITH

101-11   RELATIVE.  (a)  Notwithstanding Section 263.401, the court may

101-12   retain jurisdiction and not dismiss the suit or render a final

101-13   order as required by that section if the court renders a temporary

101-14   order that:

101-15               (1)  finds that retaining jurisdiction under this

101-16   section is in the best interest of the child;

101-17               (2)  orders the department to return the child to the

101-18   child's parent or to place the child with a relative of the child;

101-19               (3)  orders the department to continue to serve as

101-20   temporary managing conservator of the child; and

101-21               (4)  orders the department to monitor the child's

101-22   placement to ensure that the child is in a safe environment.

101-23         (b)  If the court renders an order under this section, the

101-24   court shall:

101-25               (1)  include in the order specific findings regarding

 102-1   the grounds for the order; and

 102-2               (2)  schedule a new date, not later than the 180th day

 102-3   after the date the temporary order is rendered, for dismissal of

 102-4   the suit.

 102-5         (c)  If a child placed with a parent or relative under this

 102-6   section must be moved from that home by the department before the

 102-7   dismissal of the suit or the rendering of a final order, the court

 102-8   shall, at the time of the move, schedule a new date for dismissal

 102-9   of the suit.  The new dismissal date may not be later than the

102-10   original dismissal date established under Section 263.401 or the

102-11   180th day after the date the child is moved under this subsection,

102-12   whichever date is later.

102-13         (d)  If the court renders an order under this section, the

102-14   court must include in the order specific findings regarding the

102-15   grounds for the order.

102-16         Sec. 263.403.  FINAL ORDER APPOINTING DEPARTMENT AS MANAGING

102-17   CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS.  (a)  The court

102-18   may render a final order appointing the department as managing

102-19   conservator of the child without terminating the rights of the

102-20   parent of the child if the court finds that:

102-21               (1)  appointment of a parent as managing conservator

102-22   would not be in the best interest of the child because the

102-23   appointment would significantly impair the child's physical health

102-24   or emotional development; and

102-25               (2)  it would not be in the best interest of the child

 103-1   to appoint a relative of the child or another person as managing

 103-2   conservator.

 103-3         (b)  In determining whether the department should be

 103-4   appointed as managing conservator of the child without terminating

 103-5   the rights of a parent of the child, the court shall take the

 103-6   following factors into consideration:

 103-7               (1)  that the child will reach 18 years of age in not

 103-8   less than three years;

 103-9               (2)  that the child is 12 years of age or older and has

103-10   expressed a strong desire against termination or being adopted;

103-11               (3)  that the child has special medical or behavioral

103-12   needs that make adoption of the child unlikely; and

103-13               (4)  the needs and desires of the child.

103-14            (Sections 263.404-263.500 reserved for expansion

103-15                SUBCHAPTER F.  PLACEMENT REVIEW HEARINGS

103-16         Sec. 263.501.  PLACEMENT REVIEW AFTER FINAL ORDER.  (a)  If

103-17   the department has been named as a child's managing conservator in

103-18   a final order that does not include termination of parental rights,

103-19   the court shall conduct a placement review hearing at least once

103-20   every six months until the child becomes an adult.

103-21         (b)  If the department has been named as a child's managing

103-22   conservator in a final order that terminates a parent's parental

103-23   rights, the court shall conduct a placement review hearing at least

103-24   once every six months until the date the child is adopted or the

103-25   child becomes an adult.

 104-1         (c)  Notice of a placement review hearing shall be given as

 104-2   provided by Rule 21a, Texas Rules of Civil Procedure, to each

 104-3   person entitled to notice of the hearing.

 104-4         (d)  The following are entitled to not less than 10 days'

 104-5   notice of a placement review hearing:

 104-6               (1)  the department;

 104-7               (2)  the foster parent or director of the group home or

 104-8   institution in which the child is residing;

 104-9               (3)  each parent of the child;

104-10               (4)  each possessory conservator or guardian of the

104-11   child;

104-12               (5)  the child's attorney ad litem and volunteer

104-13   advocate, if the appointments were not dismissed in the final

104-14   order; and

104-15               (6)  any other person or agency named by the court as

104-16   having an interest in the child's welfare.

104-17         (e)  The court may dispense with the requirement that the

104-18   child attend a placement review hearing.

104-19         Sec. 263.502.  PLACEMENT REVIEW REPORT.  (a)  Not later than

104-20   the 10th day before the date set for a placement review hearing,

104-21   the department or other authorized agency shall file a placement

104-22   review report with the court and provide a copy to each person

104-23   entitled to notice under Section 263.501(d).

104-24         (b)  For good cause shown, the court may order a different

104-25   time for filing the placement review report or may order that a

 105-1   report is not required for a specific hearing.

 105-2         (c)  The placement review report must:

 105-3               (1)  evaluate whether the child's current placement is

 105-4   appropriate for meeting the child's needs;

 105-5               (2)  evaluate whether efforts have been made to ensure

 105-6   placement of the child in the least restrictive environment

 105-7   consistent with the best interest and special needs of the child if

 105-8   the child is placed in institutional care;

 105-9               (3)  identify the services that are needed to assist a

105-10   child who is at least 16 years of age in making the transition from

105-11   substitute care to independent living if the services are available

105-12   in the community;

105-13               (4)  identify other plans or services that are needed

105-14   to meet the child's special needs or circumstances; and

105-15               (5)  describe the efforts of the department or

105-16   authorized agency to place the child for adoption if parental

105-17   rights to the child have been terminated and the child is eligible

105-18   for adoption.

105-19         Sec. 263.503.  PLACEMENT REVIEW HEARINGS; PROCEDURE.  At each

105-20   placement review hearing, the court shall determine whether:

105-21               (1)  the child's current placement is appropriate for

105-22   meeting the child's needs;

105-23               (2)  efforts have been made to ensure placement of the

105-24   child in the least restrictive environment consistent with the best

105-25   interest and special needs of the child if the child is placed in

 106-1   institutional care;

 106-2               (3)  the services that are needed to assist a child who

 106-3   is at least 16 years of age in making the transition from

 106-4   substitute care to independent living are available in the

 106-5   community;

 106-6               (4)  other plans or services are needed to meet the

 106-7   child's special needs or circumstances; and

 106-8               (5)  the department or authorized agency has exercised

 106-9   due diligence in attempting to place the child for adoption if

106-10   parental rights to the child have been terminated and the child is

106-11   eligible for adoption.

106-12         SECTION 91.  Section 264.009, Family Code, is amended to read

106-13   as follows:

106-14         Sec. 264.009.  LEGAL REPRESENTATION OF DEPARTMENT.

106-15   (a)  Except as provided by Subsection (b), (c), or (f), in any

106-16   action under this code [title], the department shall be represented

106-17   in court by the county[:]

106-18               [(1)  prosecuting] attorney [who represents the state

106-19   in criminal cases in the district or county court] of the county

106-20   where the action is brought, unless the district attorney or

106-21   criminal district attorney of the county elects to provide

106-22   representation[; or]

106-23               [(2)  attorney general].

106-24         (b)  If the county attorney, district attorney, or criminal

106-25   district attorney is unable to represent the department in an

 107-1   action under this code because of a conflict of interest or because

 107-2   special circumstances exist, the attorney general shall represent

 107-3   the department in the action.

 107-4         (c)  If the attorney general is unable to represent the

 107-5   department in an action under this code, the attorney general shall

 107-6   deputize an attorney who has contracted with the department under

 107-7   Subsection (d) or an attorney employed by the department under

 107-8   Subsection (e) to represent the department in the action.

 107-9         (d)  Subject to the approval of the attorney general, the

107-10   department may contract with a private attorney to represent the

107-11   department in an action under this code.

107-12         (e)  The department may employ attorneys to represent the

107-13   department in an action under this code.

107-14         (f)  In a county with a population of 2.8 million or more, in

107-15   an action under this code, the department shall be represented in

107-16   court by the attorney who represents the state in civil cases in

107-17   the district or county court of the county where the action is

107-18   brought.  If such attorney is unable to represent the department in

107-19   an action under this code because of a conflict of interest or

107-20   because special circumstances exist, the attorney general shall

107-21   represent the department in the action  [In a county with a

107-22   population of 2,800,000 or more, in an action under this title, the

107-23   department shall be represented in court by the:]

107-24               [(1)  attorney who represents the state in civil cases

107-25   in the district or county court of the county where the action is

 108-1   brought; or]

 108-2               [(2)  attorney general].

 108-3         SECTION 92.  Subchapter B, Chapter 264, Family Code, is

 108-4   amended by amending Section 264.106 and adding Section 264.1061 to

 108-5   read as follows:

 108-6         Sec. 264.106.  CONTRACTS FOR SUBSTITUTE CARE SERVICES

 108-7   [CONTRACT RESIDENTIAL CARE].  (a)  The department shall:

 108-8               (1)  assess the need for substitute care services

 108-9   throughout the state; and

108-10               (2)  contract with substitute care providers only to

108-11   the extent necessary to meet the need for those services.

108-12         (b)  Before contracting with a substitute care provider, the

108-13   department shall determine whether:

108-14               (1)  community resources are available to support

108-15   children placed under the provider's care; and

108-16               (2)  the appropriate public school district has

108-17   sufficient resources to support children placed under the

108-18   provider's care if the children will attend public school.

108-19         (c)  In addition to the requirements of Section 40.058(b),

108-20   Human Resources Code, a contract with a substitute care provider

108-21   must include provisions that:

108-22               (1)  enable the department to monitor the effectiveness

108-23   of the provider's services; and

108-24               (2)  authorize the department to terminate the contract

108-25   or impose sanctions for a violation of a provision of the contract

 109-1   that specifies performance criteria.

 109-2         (d)  In determining whether to contract with a substitute

 109-3   care provider, the department shall consider the provider's

 109-4   performance under any previous contract for substitute care

 109-5   services between the department and the provider.

 109-6         (e)  In this section, "substitute care provider" means a

 109-7   person who provides residential care for children for 24 hours a

 109-8   day, including:

 109-9               (1)  a child-care institution, as defined by Section

109-10   42.002, Human Resources Code;

109-11               (2)  a child-placing agency, as defined by Section

109-12   42.002, Human Resources Code;

109-13               (3)  a foster group home or foster family home, as

109-14   defined by Section 42.002, Human Resources Code; and

109-15               (4)  an agency group home or agency home, as defined by

109-16   Section 42.002, Human Resources Code, other than an agency group

109-17   home, agency home, or a foster home verified or certified by the

109-18   department [make reasonable efforts to ensure that the expenditure

109-19   of appropriated funds to purchase contract residential care for

109-20   children is allocated to providers on a fixed monthly basis if:]

109-21               [(1)  the allocation is cost effective; and]

109-22               [(2)  the number, type, needs, and conditions of the

109-23   children served are reasonably constant.]

109-24         [(b)  This section does not apply to the purchase of care in

109-25   a foster family home].

 110-1         Sec. 264.1061.  FOSTER PARENT PERFORMANCE.  The department

 110-2   shall monitor the performance of a foster parent who has been

 110-3   verified by the department in the department's capacity as a

 110-4   child-placing agency.  The method under which performance is

 110-5   monitored must include the use of objective criteria by which the

 110-6   foster parent's performance may be assessed.  The department shall

 110-7   include references to the criteria in a written agreement between

 110-8   the department and the foster parent concerning the foster parent's

 110-9   services.

110-10         SECTION 93.  Subchapter B, Chapter 264, Family Code, is

110-11   amended by adding Section 264.1075 to read as follows:

110-12         Sec. 264.1075.  USE OF ASSESSMENT SERVICES.  Before placing a

110-13   child in substitute care, the department shall use assessment

110-14   services provided by a child-care facility or child-placing agency

110-15   in accordance with Section 42.0425, Human Resources Code, to

110-16   determine the appropriate substitute care for the child.

110-17         SECTION 94.  Subchapter C, Chapter 264, Family Code, is

110-18   amended by adding Sections 264.206 and 264.207 to read as follows:

110-19         Sec. 264.206.  SEARCH FOR ADOPTIVE PARENTS.  (a)  The

110-20   department shall begin its efforts to locate qualified persons to

110-21   adopt a child, including persons registered with the adoptive

110-22   parent registry under Subchapter B, at the time the department's

110-23   permanency plan for the child becomes the termination of the

110-24   parent-child relationship and adoption of the child.

110-25         (b)  The department shall report to the court in which the

 111-1   department petitions for termination of the parent-child

 111-2   relationship on the child's adoptability and the department's

 111-3   search for prospective adoptive parents for the child, including

 111-4   information relating to the department's efforts to work with

 111-5   licensed child-placing agencies.

 111-6         Sec. 264.207.  DEPARTMENT PLANNING AND ACCOUNTABILITY.

 111-7   (a)  The department shall adopt policies that provide for the

 111-8   improvement of the department's services for children and families,

 111-9   including policies that provide for conducting a home study within

111-10   four months after the date an applicant is approved for an adoption

111-11   and documenting the results of the home study within 30 days after

111-12   the date the study is completed.  The policies adopted under this

111-13   section must:

111-14               (1)  be designed to increase the accountability of the

111-15   department to individuals who receive services and to the public;

111-16   and

111-17               (2)  assure consistency of services provided by the

111-18   department in the different regions of the state.

111-19         (b)  To accomplish the goals stated in Subsection (a), the

111-20   department shall:

111-21               (1)  establish time frames for the initial screening of

111-22   families seeking to adopt children;

111-23               (2)  provide for the evaluation of the effectiveness of

111-24   the department's management-level employees in expeditiously making

111-25   permanent placements for children;

 112-1               (3)  establish, as feasible, comprehensive assessment

 112-2   services in various locations in the state to determine the needs

 112-3   of children and families served by the department;

 112-4               (4)  emphasize and centralize the monitoring and

 112-5   promoting of the permanent placement of children receiving

 112-6   department services;

 112-7               (5)  establish goals and performance measures in the

 112-8   permanent placement of children;

 112-9               (6)  seek private licensed child-placing agencies to

112-10   place a child in the department's managing conservatorship who has

112-11   been available for permanent placement for more than 90 days;

112-12               (7)  provide information to private licensed

112-13   child-placing agencies concerning children under Subdivision (6);

112-14               (8)  provide incentives for a private licensed

112-15   child-placing agency that places a child, as defined by Section

112-16   162.301, under Subdivision (6);

112-17               (9)  encourage foster parents to be approved by the

112-18   department as both foster parents and adoptive parents;

112-19               (10)  address failures by the department's service

112-20   regions in making permanent placements for children in a reasonable

112-21   time; and

112-22               (11)  require the department's service regions to

112-23   participate in the Texas Adoption Resource Exchange.

112-24         SECTION 95.  Section 264.514, Family Code, is amended by

112-25   amending Subsection (a) and adding Subsection (c) to read as

 113-1   follows:

 113-2         (a)  A medical examiner or justice of the peace notified of a

 113-3   death of a child under Section 264.513 shall hold an inquest under

 113-4   Chapter 49, Code of Criminal Procedure, to determine whether the

 113-5   death is unexpected or the result of abuse or neglect.  An inquest

 113-6   is not required under this subchapter if the child's death is

 113-7   expected and is due to a congenital or neoplastic disease.  A death

 113-8   caused by an infectious disease may be considered an expected death

 113-9   if:

113-10               (1)  the disease was not acquired as a result of trauma

113-11   or poisoning;

113-12               (2)  the infectious organism is identified using

113-13   standard medical procedures; and

113-14               (3)  the death is not reportable to the Texas

113-15   Department of Health under Chapter 81, Health and Safety Code.

113-16         (c)  In this section, the terms "abuse" and "neglect" have

113-17   the meaning assigned those terms by Section 261.001.

113-18         SECTION 96.  Section 411.114, Government Code, is amended to

113-19   read as follows:

113-20         Sec. 411.114.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

113-21   DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES.  (a)(1)  In this

113-22   subsection the terms "child," "child-care facility," and "family

113-23   home" have the meanings assigned by Section 42.002, Human Resources

113-24   Code.

113-25               (2)  The Department of Protective and Regulatory

 114-1   Services shall [is entitled to] obtain from the department criminal

 114-2   history record information maintained by the department that

 114-3   relates to a person who is:

 114-4                     (A)  an applicant for a license, registration, or

 114-5   certification under Chapter 42, Human Resources Code;

 114-6                     (B)  an owner or employee of or an applicant for

 114-7   employment by a child-care facility or family home licensed,

 114-8   registered, or certified under that chapter;

 114-9                     (C)  a resident of a registered family home, but

114-10   not a child in the home's care or a parent of the child;

114-11                     (D)  an applicant for a position with the

114-12   Department of Protective and Regulatory Services, the duties of

114-13   which include direct delivery of protective services to children,

114-14   elderly persons, or persons with a disability;

114-15                     (E)  [a volunteer or applicant volunteer with a

114-16   local affiliate in this state of Big Brothers/Big Sisters of

114-17   America;]

114-18                     [(F)  a volunteer or applicant volunteer with the

114-19   "I Have a Dream/Houston" program;]

114-20                     [(G)]  an employee of, an applicant for

114-21   employment with, or a volunteer or an applicant volunteer with a

114-22   business entity or person that contracts with the Department of

114-23   Protective and Regulatory Services to provide direct delivery of

114-24   protective services to children, elderly persons, or persons with a

114-25   disability, if the person's duties or responsibilities include

 115-1   direct contact with children, elderly persons, or persons with a

 115-2   disability;

 115-3                     (F) [(H)]  a volunteer or applicant volunteer

 115-4   with the Department of Protective and Regulatory Services;

 115-5                     (G) [(I)  a volunteer or applicant volunteer with

 115-6   an organization that provides court-appointed special advocates for

 115-7   abused or neglected children;]

 115-8                     [(J)]  a person providing or applying to provide

 115-9   adoptive or foster care for children in the care of the Department

115-10   of Protective and Regulatory Services and other adults living with

115-11   that person in the residence in which the child will reside;

115-12                     (H) [(K)]  a Department of Protective and

115-13   Regulatory Services employee who is engaged in the direct delivery

115-14   of protective services to  children, elderly persons, or persons

115-15   with a disability;

115-16                     (I) [(L)]  a person who is the subject of a

115-17   report the department receives alleging that the person has abused

115-18   or neglected a child, an elderly person, or a person with a

115-19   disability, provided that report has proven to have merit;

115-20                     (J) [(M)]  a relative providing or applying to

115-21   provide in-home care for a child in the care of the Department of

115-22   Protective and Regulatory Services and other adults living with

115-23   that relative in the residence in which the child will reside; or

115-24                     (K) [(N)]  a person providing child care for a

115-25   child who is in the care of the Department of Protective and

 116-1   Regulatory Services and who is or will be receiving adoptive,

 116-2   foster, or in-home care[;]

 116-3                     [(O)  a person providing, at the request of the

 116-4   child's parent, in-home care for a child who is the subject of a

 116-5   report alleging the child has been abused or neglected; or]

 116-6                     [(P)  a volunteer or applicant volunteer with a

 116-7   Texas chapter of the Make-a-Wish Foundation of America].

 116-8               (3)  The Department of Protective and Regulatory

 116-9   Services is entitled to obtain from the department criminal history

116-10   record information maintained by the department that relates to a

116-11   person who is:

116-12                     (A)  a volunteer or applicant volunteer with a

116-13   local affiliate in this state of Big Brothers/Big Sisters of

116-14   America;

116-15                     (B)  a volunteer or applicant volunteer with the

116-16   "I Have a Dream/Houston" program;

116-17                     (C)  a volunteer or applicant volunteer with an

116-18   organization that provides court-appointed special advocates for

116-19   abused or neglected children;

116-20                     (D)  a person providing, at the request of the

116-21   child's parent, in-home care for a child who is the subject of a

116-22   report alleging the child has been abused or neglected;

116-23                     (E)  a volunteer or applicant volunteer with a

116-24   Texas chapter of the Make-a-Wish Foundation of America; or

116-25                     (F)  a person providing, at the request of the

 117-1   child's parent, in-home care for a child only if the person gives

 117-2   written consent to the release and disclosure of the information.

 117-3               (4)  Subject to Section 411.087, the department shall:

 117-4                     (A)  obtain through the Federal Bureau of

 117-5   Investigation criminal history record information maintained or

 117-6   indexed by that bureau that pertains to a person described by

 117-7   Subdivision (2); or

 117-8                     (B)  obtain from any other criminal justice

 117-9   agency in this state criminal history record information maintained

117-10   by that criminal justice agency that relates to a person described

117-11   by Subdivision (2).

117-12               (5)  The Department of Protective and Regulatory

117-13   Services may not use the authority granted under this section to

117-14   harass an employee or volunteer.  The Board of Protective and

117-15   Regulatory Services shall adopt rules to prevent the harassment of

117-16   an employee or volunteer through the request and use of criminal

117-17   records.

117-18               (6) [(4)]  Criminal history record information obtained

117-19   by the Department of Protective and Regulatory Services under this

117-20   subsection may not be released to any person except:

117-21                     (A)  on court order;

117-22                     (B)  with the consent of the person who is the

117-23   subject of the criminal history record information;

117-24                     (C)  for purposes of an administrative hearing

117-25   held by the Department of Protective and Regulatory Services

 118-1   concerning the person who is the subject of the criminal history

 118-2   record information; or

 118-3                     (D)  as provided by Subdivision (7) [(5)].

 118-4               (7) [(5)]  The Department of Protective and Regulatory

 118-5   Services is not prohibited from releasing criminal history record

 118-6   information obtained under this subsection to:

 118-7                     (A)  the person who is the subject of the

 118-8   criminal history record information;

 118-9                     (B)  a child-care facility that employs or is

118-10   considering employing the person who is the subject of the criminal

118-11   history record information;

118-12                     (C)  a person or business entity described by

118-13   Subsection (a)(2)(E) [(a)(2)(G)] who uses or intends to use the

118-14   services of the volunteer or employs or is considering employing

118-15   the person who is the subject of the criminal history record

118-16   information; or

118-17                     (D)  an adult residing with a child and the

118-18   person who is the subject of the criminal history record

118-19   information, if the Department of Protective and Regulatory

118-20   Services determines that the release of information to the adult is

118-21   necessary to ensure the safety or welfare of the child or adult.

118-22         (b)  The failure or refusal to provide a complete set of

118-23   fingerprints or a complete name on request constitutes good cause

118-24   for dismissal or refusal to hire, as applicable, with regard to a

118-25   volunteer of or an employee or applicant for permanent or temporary

 119-1   employment with the department, or a facility, home, business, or

 119-2   other entity, if the volunteer position, employment, or potential

 119-3   employment involves direct interaction with or the opportunity to

 119-4   interact and associate with children.

 119-5         (c)  The Department of Protective and Regulatory Services may

 119-6   charge an organization or person that requests criminal history

 119-7   record  information under Subsection (a)(3) [(a)(2)] a fee in an

 119-8   amount necessary to cover the costs of obtaining the information on

 119-9   the organization's or person's behalf.

119-10         SECTION 97.  Section 531.001, Government Code, is amended to

119-11   read as follows:

119-12         Sec. 531.001.  DEFINITIONS.  In this chapter:

119-13               (1)  "Caseload standards" means the minimum and maximum

119-14   number of cases that an employee can reasonably be expected to

119-15   perform in a normal work month based on the number of cases handled

119-16   by or the number of different job functions performed by the

119-17   employee.

119-18               (2)  "Commission" means the Health and Human Services

119-19   Commission.

119-20               (3) [(2)]  "Commissioner" means the commissioner of

119-21   health and human services.

119-22               (4) [(3)]  "Health and human services agencies"

119-23   includes the:

119-24                     (A)  Interagency Council on Early Childhood

119-25   Intervention Services;

 120-1                     (B)  Texas Department on Aging;

 120-2                     (C)  Texas Commission on Alcohol and Drug Abuse;

 120-3                     (D)  Texas Commission for the Blind;

 120-4                     (E)  Texas Commission for the Deaf and Hard of

 120-5   Hearing [Impaired];

 120-6                     (F)  Texas Department of Health;

 120-7                     (G)  Texas Department of Human Services;

 120-8                     (H)  Texas Juvenile Probation Commission;

 120-9                     (I)  Texas Department of Mental Health and Mental

120-10   Retardation;

120-11                     (J)  Texas Rehabilitation Commission; and

120-12                     (K)  Department of Protective and Regulatory

120-13   Services.

120-14               (5)  "Professional caseload standards" means caseload

120-15   standards that are established or are recommended for establishment

120-16   for employees of health and human services agencies by management

120-17   studies conducted for health and human services agencies or by an

120-18   authority or association, including the Child Welfare League of

120-19   America, the National Eligibility Workers Association, the National

120-20   Association of Social Workers, and associations of state health and

120-21   human services agencies.

120-22         SECTION 98.  Subchapter B, Chapter 531, Government Code, is

120-23   amended by adding Section 531.047 to read as follows:

120-24         Sec. 531.047.  SUBSTITUTE CARE PROVIDER OUTCOME STANDARDS.

120-25   (a)  The commission, after consulting with representatives from the

 121-1   Department of Protective and Regulatory Services, the Texas

 121-2   Juvenile Probation Commission, and the Texas Department of Mental

 121-3   Health and Mental Retardation, shall by rule adopt result-oriented

 121-4   standards that a provider of substitute care services for children

 121-5   under the care of the state must achieve.

 121-6         (b)  A health and human services agency that purchases

 121-7   substitute care services must include the result-oriented standards

 121-8   as requirements in each substitute care service provider contract.

 121-9         (c)  A health and human services agency may provide

121-10   information about a substitute care provider, including rates,

121-11   contracts, outcomes, and client information, to another agency that

121-12   purchases substitute care services.

121-13         SECTION 99.  Subchapter B, Chapter 531, Government Code, is

121-14   amended by adding Section 531.048 to read as follows:

121-15         Sec. 531.048.  CASELOAD STANDARDS.  (a)  After considering

121-16   the recommendations of the caseload standards advisory committees

121-17   under Section 531.049(e), the commissioner may establish caseload

121-18   standards and other standards relating to caseloads for each

121-19   category of caseworker employed by the Texas Department of Human

121-20   Services or the Department of Protective and Regulatory Services.

121-21         (b)  In establishing standards under this section, the

121-22   commissioner shall:

121-23               (1)  ensure the standards are based on the actual

121-24   duties of the caseworker;

121-25               (2)  ensure the caseload standards are reasonable and

 122-1   achievable;

 122-2               (3)  ensure the standards are consistent with existing

 122-3   professional caseload standards;

 122-4               (4)  consider standards developed by other states for

 122-5   caseworkers in similar positions of employment; and

 122-6               (5)  ensure the standards are consistent with existing

 122-7   caseload standards of other state agencies.

 122-8         (c)  Subject to the availability of funds appropriated by the

 122-9   legislature, the commissioner of human services and the executive

122-10   director of the Department of Protective and Regulatory Services

122-11   shall use the standards established by the commissioner under this

122-12   section  to determine the number of personnel to assign as

122-13   caseworkers for their respective agencies.

122-14         (d)  Subject to the availability of funds appropriated by the

122-15   legislature, the Texas Department of Human Services and the

122-16   Department of Protective and Regulatory Services shall use the

122-17   standards established by the commissioner to assign caseloads to

122-18   individual caseworkers employed by those agencies.

122-19         (e)  The commissioner shall include a recommendation made to

122-20   the commissioner by a caseload standards advisory committee under

122-21   Section 531.049(e) in the strategic plan of the agency that is the

122-22   subject of the recommendation.

122-23         (f)  Nothing in this section may be construed to create a

122-24   cause of action.

122-25         SECTION 100.  Subchapter B, Chapter 531, Government Code, is

 123-1   amended by adding Section 531.049 to read as follows:

 123-2         Sec. 531.049.  CASELOAD STANDARDS ADVISORY COMMITTEES.

 123-3   (a)  A caseload standards advisory committee is established in the

 123-4   Department of Protective and Regulatory Services, and a caseload

 123-5   standards advisory committee is established in the Texas Department

 123-6   of Human Services.

 123-7         (b)  A caseload standards advisory committee is composed of

 123-8   10 employees appointed by the commissioner who are unit supervisors

 123-9   or caseworkers in the agency in which the committee is established.

123-10   To the extent practicable, a caseload standards advisory committee

123-11   must include a unit supervisor or caseworker from each program area

123-12   of the agency in which the committee is established.

123-13         (c)  The commissioner shall make appointments to a caseload

123-14   standards advisory committee from a list submitted by the

123-15   commissioner or the executive director of the agency in which the

123-16   committee is established.

123-17         (d)  Members of a caseload standards advisory committee serve

123-18   at the pleasure of the commissioner.

123-19         (e)  Each caseload standards advisory committee shall:

123-20               (1)  review professional caseload standards and other

123-21   caseload standards and recommendations the committee considers

123-22   appropriate and recommend to the commissioner minimum and maximum

123-23   caseloads for each category of caseworker employed by the agency in

123-24   which the advisory committee is established; and

123-25               (2)  advise and make recommendations to the

 124-1   commissioner on granting the agency in which the advisory committee

 124-2   has been established the authority to waive certain reporting

 124-3   standards when the caseload of a caseworker employed by the agency

 124-4   exceeds the maximum number established by the commissioner under

 124-5   Section 531.048(a).

 124-6         (f)  The commissioner shall dissolve a caseload standards

 124-7   advisory committee if the commissioner determines that the caseload

 124-8   standards advisory committee is no longer necessary to develop and

 124-9   implement the standards required under Section 531.048(a).

124-10         (g)  Except as otherwise provided by this section, a caseload

124-11   standards advisory committee is subject to Article 6252-33, Revised

124-12   Statutes.

124-13         (h)  Nothing in this section may be construed to create a

124-14   cause of action.

124-15         SECTION 101.  Section 700, Texas Probate Code, is amended to

124-16   read as follows:

124-17         Sec. 700.  OATH OF GUARDIAN.  (a)  The guardian shall take an

124-18   oath to discharge faithfully the duties of guardian for the person

124-19   or estate, or both, of a ward.

124-20         (b)  A representative of the Department of Protective and

124-21   Regulatory Services shall take the oath required by Subsection (a)

124-22   of this section if the department is appointed guardian.

124-23         SECTION 102.  Subsection (e), Article 49.10, Code of Criminal

124-24   Procedure, is amended to read as follows:

124-25         (e)  A justice of the peace shall order an autopsy performed

 125-1   on a body if:

 125-2               (1)  the justice determines that an autopsy is

 125-3   necessary to determine or confirm the nature and cause of death;

 125-4               (2)  the deceased was a child younger than six years of

 125-5   age and the death is determined [was reported] under Section

 125-6   264.514 [Chapter 264], Family Code, to be unexpected or the result

 125-7   of abuse or neglect; or

 125-8               (3)  directed to do so by the district attorney,

 125-9   criminal district attorney, or, if there is no district or criminal

125-10   district attorney, the county attorney.

125-11         SECTION 103.  (a)  Representatives from each state agency

125-12   that purchases substitute care services for children under the

125-13   state's care shall meet to:

125-14               (1)  assess the total need for substitute care services

125-15   in this state; and

125-16               (2)  develop and implement a competitive bidding

125-17   process to purchase substitute care services.

125-18         (b)  Except as provided by Subsection (c) of this section,

125-19   each state agency must use the competitive bidding process created

125-20   under Subsection (a) of this section to purchase substitute care

125-21   services.

125-22         (c)  A state agency is not required to use the competitive

125-23   bidding process to purchase:

125-24               (1)  foster family care services;

125-25               (2)  substitute care services in a geographic area of

 126-1   this state that has a shortage of service providers; or

 126-2               (3)  specialized substitute care services if there is a

 126-3   shortage of providers of the specialized services.

 126-4         (d)  The state agency representatives shall meet and develop

 126-5   the competitive bidding process for purchasing substitute care

 126-6   services as soon as possible after the effective date of this Act.

 126-7         (e)  Not later than September 1, 1998, the Department of

 126-8   Protective and Regulatory Services shall develop and implement a

 126-9   pilot program under which the department purchases substitute care

126-10   services through a competitive bidding process.  The department

126-11   must design the pilot program to produce a substitute care system

126-12   that is outcome-based and that uses the department's outcome

126-13   measures.

126-14         SECTION 104.  (a)  Sections 263.308 and 263.309, Family Code,

126-15   are repealed.

126-16         (b)  Section 42.050, Human Resources Code, as amended by

126-17   Chapter 1052, Acts of the 70th Legislature, Regular Session, 1987,

126-18   is repealed.

126-19         SECTION 105.  (a)  Except as otherwise provided by this Act,

126-20   this Act takes effect September 1, 1997.

126-21         (b)  The Board of Protective and Regulatory Services shall

126-22   adopt rules necessary to administer the changes in law made by this

126-23   Act not later than November 1, 1997.

126-24         (c)  The changes in law made by this Act in the

126-25   qualifications of, and the prohibitions applying to, members of the

 127-1   Board of Protective and Regulatory Services do not affect the

 127-2   entitlement of a member serving on the board immediately before

 127-3   September 1, 1997, to continue to carry out the functions of the

 127-4   board for the remainder of the member's term.  The changes in law

 127-5   apply only to a member appointed on or after September 1, 1997.

 127-6   This Act does not prohibit a person who is a member of the board on

 127-7   September 1, 1997, from being reappointed to the board if the

 127-8   person has the qualifications required for a member under Chapter

 127-9   40, Human Resources Code, as amended by this Act.

127-10         (d)  The executive director of the Department of Protective

127-11   and Regulatory Services shall appoint the members of the strategic

127-12   technology steering committee established by Section 40.0305, Human

127-13   Resources Code, as added by this Act, not later than November 1,

127-14   1997.

127-15         (e)  Except as provided by Section 106 of this Act and

127-16   Subsection (f) of this section, the change in law made by this Act

127-17   relating to a disciplinary proceeding or contested case of the

127-18   Department of Protective and Regulatory Services applies only to a

127-19   proceeding initiated on or after the effective date of this Act.

127-20         (f)  The change in law made by this Act relating to the

127-21   imposition of a penalty or other disciplinary action on a person or

127-22   entity regulated by the Department of Protective and Regulatory

127-23   Services applies only to a violation that occurs on or after the

127-24   effective date of this Act.  A violation that occurs before the

127-25   effective date of this Act is governed by the law in effect on the

 128-1   date the violation occurred, and the former law is continued in

 128-2   effect for that purpose.

 128-3         (g)  The change in law made by this Act relating to the

 128-4   qualifications for a license issued by the Department of Protective

 128-5   and Regulatory Services applies only to an application for a

 128-6   license made on or after the effective date of this Act.  An

 128-7   application made before the effective date of this Act is governed

 128-8   by the law in effect on the date the application was made, and the

 128-9   former law is continued in effect for that purpose.

128-10         (h)  The change in law made by this Act regarding the

128-11   termination of the parent-child relationship applies only to a suit

128-12   affecting the parent-child relationship in which termination of the

128-13   parent-child relationship is sought filed on or after the effective

128-14   date of this Act.  A suit affecting the parent-child relationship

128-15   in which termination of the parent-child relationship is sought

128-16   filed before the effective date of this Act is governed by the law

128-17   in effect on the date the suit was filed, and the former law is

128-18   continued in effect for that purpose.

128-19         SECTION 106.  (a)  The change in law made by this Act

128-20   relating to a contested case hearing conducted by the State Office

128-21   of Administrative Hearings on behalf of the Department of

128-22   Protective and Regulatory Services applies only to a hearing that

128-23   begins on or after January 1, 1998.  Notwithstanding any other

128-24   provision of this Act, a hearing that begins before that date is

128-25   governed by the law in effect at the time the hearing begins, and

 129-1   that law is continued in effect for that purpose.

 129-2         (b)  The executive director of the Department of Protective

 129-3   and Regulatory Services and the chief administrative law judge of

 129-4   the State Office of Administrative Hearings may agree to transfer

 129-5   contested cases pending before the Department of Protective and

 129-6   Regulatory Services to the State Office of Administrative Hearings

 129-7   before January 1, 1998.

 129-8         SECTION 107.  Section 42.0461, Human Resources Code, as added

 129-9   by this Act, applies only to an application for a license or for

129-10   authorization to expand capacity under a license filed on or after

129-11   the effective date of this Act.  An application filed before the

129-12   effective date of this Act is governed by the law in effect at the

129-13   time the application was filed, and the former law is continued in

129-14   effect for that purpose.

129-15         SECTION 108.  (a)  The change in law made by Sections 76 and

129-16   77 and Sections 80 through 90 of this Act takes effect January 1,

129-17   1998.

129-18         (b)  Except as provided by Subsection (c) of this section,

129-19   Sections 76 and 77 and Sections 80 through 90 of this Act apply to

129-20   a pending suit affecting the parent-child relationship regardless

129-21   of whether the suit was commenced before, on, or after the

129-22   effective date of this Act.

129-23         (c)  If the Department of Protective and Regulatory Services

129-24   has been appointed temporary managing conservator of a child before

129-25   January 1, 1998, the court shall at the first hearing conducted on

 130-1   or after that date under Chapter 263, Family Code, establish a date

 130-2   for dismissal of the suit not later than the second anniversary of

 130-3   the date of the hearing, unless the court has rendered a final

 130-4   order before the dismissal date.

 130-5         SECTION 109.  The change in law made by this Act to Section

 130-6   261.101, Family Code, applies only to a report of child abuse or

 130-7   neglect made on or after the effective date of this Act.  A report

 130-8   made before that date is governed by the law in effect on the date

 130-9   the report was made, and the former law is continued in effect for

130-10   that purpose.

130-11         SECTION 110.  The changes in law made by this Act to Article

130-12   49.10, Code of Criminal Procedure, and Section 264.514, Family

130-13   Code, take effect September 1, 1997, and apply only to a death of a

130-14   child younger than six years of age that occurs on or after

130-15   September 1, 1997.  A death of a child that occurs before

130-16   September 1, 1997, is governed by the law as it existed immediately

130-17   before the effective date of this Act, and that law is continued in

130-18   effect for that purpose.

130-19         SECTION 111.  The Health and Human Services Commission shall

130-20   adopt the rules required by Section 531.047, Government Code, as

130-21   added by this Act, not later than January 1, 1998.

130-22         SECTION 112.  An agency that purchases substitute care

130-23   services shall review the effectiveness of the result-oriented

130-24   standards adopted under Section 531.047, Government Code, as added

130-25   by this Act, and report to the governor, lieutenant governor,

 131-1   speaker of the house of representatives, comptroller, and

 131-2   Legislative Budget Board not later than January 31, 1999.

 131-3         SECTION 113.  (a)  A caseload standards advisory committee

 131-4   shall make its recommendations under Subsection (e), Section

 131-5   531.049, Government Code, as added by this Act, not later than

 131-6   March 1, 1998.

 131-7         (b)  The commissioner of health and human services shall

 131-8   adopt rules prescribing the standards required by Subsection (a),

 131-9   Section 531.048, Government Code, as added by this Act, not later

131-10   than September 1, 1999.

131-11         SECTION 114.  Not later than September 15, 1997, each agency

131-12   or subdivision of the state that inspects child-care facilities

131-13   shall submit a copy of the inspection form used by the agency or

131-14   subdivision to the Department of Protective and Regulatory Services

131-15   for the department's use in implementing Section 42.0441, Human

131-16   Resources Code, as added by this Act.

131-17         SECTION 115.  Not later than February 1, 1998, the Department

131-18   of Protective and Regulatory Services, the Texas Department of

131-19   Human Services, the Texas Department of Health, and the Texas

131-20   Workforce Commission shall report the recommendations for the

131-21   protocol for coordinated inspections provided by Section 42.0442,

131-22   Human Resources Code, as added by this Act, to their respective

131-23   governing boards or commissions.  The implementation of the

131-24   protocol shall begin not later than June 1, 1998.

131-25         SECTION 116.  The Department of Protective and Regulatory

 132-1   Services shall establish a working group to coordinate the

 132-2   processing of child protection cases.  The working group shall

 132-3   consist of representatives from the Office of Court Administration,

 132-4   the Texas Supreme Court, and district and county attorneys'

 132-5   offices.  The working group shall report its recommendations to the

 132-6   Texas Supreme Court not later than September 1, 1998.  After

 132-7   considering the recommendations of the working group, the Texas

 132-8   Supreme Court shall adopt rules regarding the processing of child

 132-9   protection cases.

132-10         SECTION 117.  If, before implementing any provision of this

132-11   Act, a state agency determines that a waiver or authorization from

132-12   a federal agency is necessary to implement a provision, the state

132-13   agency shall request the waiver or authorization and may delay

132-14   implementing the provision until the waiver or authorization is

132-15   granted.

132-16         SECTION 118.  The importance of this legislation and the

132-17   crowded condition of the calendars in both houses create an

132-18   emergency and an imperative public necessity that the

132-19   constitutional rule requiring bills to be read on three several

132-20   days in each house be suspended, and this rule is hereby suspended.

                                                                S.B. No. 359

         ________________________________   ________________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 359 passed the Senate on

         April 8, 1997, by a viva-voce vote; May 26, 1997, Senate refused to

         concur in House amendments and requested appointment of Conference

         Committee; May 29, 1997, House granted request of the Senate;

         May 31, 1997, Senate adopted Conference Committee Report by a

         viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 359 passed the House, with

         amendments, on May 22, 1997, by a non-record vote; May 29, 1997,

         House granted request of the Senate for appointment of Conference

         Committee; May 31, 1997, House adopted Conference Committee Report

         by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         ________________________________

                      Date

         ________________________________

                    Governor