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Amend CSSB 6 in Article 1 of the bill by adding the following
appropriately numbered SECTION and renumbering subsequent SECTIONS
accordingly:
SECTION 1.__. (a) Section 42.056, Human Resources Code, is
amended by adding Subsections (a-1), (d), (e), and (f) and amending
Subsection (b) to read as follows:
(a-1) In accordance with rules adopted by the executive
commissioner, the director, owner, or operator of a residential
child-care facility shall submit to the department for use in
conducting background and criminal history checks the name of each
prospective employee who will provide direct care or have direct
access to a child in the residential child-care facility.
(b) The department shall conduct background and criminal
history checks using:
(1) the information provided under Subsections
[Subsection] (a) and (a-1);
(2) the information made available by the Department of
Public Safety under Section 411.114, Government Code, and [or] by
the Federal Bureau of Investigation or other criminal justice
agency under Section 411.087, Government Code; and
(3) the department's records of reported abuse and
neglect.
(d) A person described by Subsection (a) or (a-1) may not
provide direct care or have direct access to a child in a
residential child-care facility before completion of the person's
background check and criminal history check.
(e) The department shall provide the results of a background
or criminal history check conducted under this section regarding a
prospective employee to a director, owner, or operator of a
residential child-care facility within 24 hours. If the
residential child-care facility does not receive the results of the
background or criminal history check within that time, the facility
may obtain that information for the facility's employee,
subcontractor, or volunteer directly from the Department of Public
Safety. If the information obtained verifies that the person does
not have a criminal record, the facility may allow the person to
have unsupervised client contact until the department has performed
the department's own criminal history check and notified the
facility.
(f) As part of a background check under this section, the
department shall provide any relevant information available in the
department's records regarding a person's previous employment in a
residential child-care facility to the person submitting the
request.
(b) The director, owner, or operator of a residential
child-care facility shall begin providing information to the
Department of Family and Protective Services as required by
Subsection (a-1), Section 42.056, Human Resources Code, as added by
this section, as soon as possible after the effective date of this
section and not later than January 1, 2006.