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