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AN ACT
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relating to background and criminal history checks for operators |
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and employees of certain child-care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.159, Human Resources Code, is amended |
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by adding Subsections (b-1), (b-2), and (c-1) to read as follows: |
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(b-1) A person subject to the background and criminal |
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history check required by Subsection (a) or (b) shall submit to the |
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commission a complete set of fingerprints. |
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(b-2) The executive commissioner shall adopt rules to |
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implement this section. The rules adopted under this section: |
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(1) must require that the fingerprints submitted be in |
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a form and of a quality acceptable to the Department of Public |
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Safety and the Federal Bureau of Investigation for the purpose of |
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conducting a criminal history check; |
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(2) may require that the fingerprints be submitted |
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electronically through an applicant fingerprinting service center; |
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and |
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(3) may allow the commission to waive a fingerprint |
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submission required by this section if: |
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(A) the person for whom the submission is |
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required has: |
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(i) a fingerprint-based criminal history |
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check on file with the commission obtained under Section 411.114, |
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Government Code; or |
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(ii) a fingerprint-based criminal history |
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clearinghouse record, as provided by Section 411.0845, Government |
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Code, that is accessible to the commission through the Department |
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of Public Safety and obtained under Section 411.114, Government |
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Code; and |
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(B) the commission has an active subscription to |
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the Federal Bureau of Investigation's National Record of Arrest and |
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Prosecution Back Service for the person for whom the fingerprint |
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submission is required. |
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(c-1) For each person whose fingerprints are submitted |
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under Subsection (b-1), the department shall conduct a state and |
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Federal Bureau of Investigation criminal history check by: |
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(1) submitting the person's fingerprints, or causing |
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the fingerprints to be submitted electronically, to the Department |
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of Public Safety for the purpose of conducting a state and federal |
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criminal history check; and |
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(2) using the resulting information made available by |
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that department under Section 411.114, Government Code, and by the |
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Federal Bureau of Investigation and any other criminal justice |
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agency under Section 411.087, Government Code. |
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SECTION 2. Section 42.206, Human Resources Code, is amended |
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by amending Subsection (b) and adding Subsections (b-1) and (c-1) |
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to read as follows: |
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(b) In addition to the requirements of Subsection (a), a |
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shelter shall submit a complete set of fingerprints of each person |
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required to undergo a criminal history check under Subsection (a) |
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[if: |
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[(1) the person has lived outside the state at any time |
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during the previous five years; or |
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[(2) the shelter has reason to suspect that the person |
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has a criminal history in another state]. |
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(b-1) The executive commissioner shall adopt rules to |
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implement this section. The rules adopted under this section: |
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|
(1) must require that the fingerprints submitted be in |
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|
a form and of a quality acceptable to the Department of Public |
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|
Safety and the Federal Bureau of Investigation for purposes of |
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|
conducting a criminal history check; |
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(2) may require that the fingerprints be submitted |
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electronically through an applicant fingerprinting service center; |
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and |
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(3) may allow the commission to waive a fingerprint |
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submission required by this section if: |
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(A) the person for whom the submission is |
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required has: |
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(i) a fingerprint-based criminal history |
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check on file with the commission obtained under Section 411.114, |
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Government Code; or |
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(ii) a fingerprint-based criminal history |
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clearinghouse record, as provided by Section 411.0845, Government |
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Code, that is accessible to the commission through the Department |
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of Public Safety and obtained under Section 411.114, Government |
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Code; and |
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(B) the commission has an active subscription to |
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the Federal Bureau of Investigation's National Record of Arrest and |
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Prosecution Back Service for the person for whom the fingerprint |
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submission is required. |
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(c-1) For each person whose fingerprints are submitted |
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under Subsection (b), the department shall conduct a state and |
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Federal Bureau of Investigation criminal history check by: |
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(1) submitting the person's fingerprints, or causing |
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the fingerprints to be submitted electronically, to the Department |
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of Public Safety for the purpose of conducting a state and federal |
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criminal history check; and |
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(2) using the resulting information made available by |
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that department under Section 411.114, Government Code, and by the |
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Federal Bureau of Investigation and any other criminal justice |
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agency under Section 411.087, Government Code. |
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SECTION 3. This Act takes effect September 1, 2021. |
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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. 1061 passed the Senate on |
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April 23, 2021, by the following vote: Yeas 30, 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. 1061 passed the House on |
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May 26, 2021, by the following vote: Yeas 130, Nays 17, two |
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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 |