Bill Text: TX SB1061 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to background and criminal history checks for operators and employees of certain child-care facilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB1061 Detail]
Download: Texas-2021-SB1061-Comm_Sub.html
Bill Title: Relating to background and criminal history checks for operators and employees of certain child-care facilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB1061 Detail]
Download: Texas-2021-SB1061-Comm_Sub.html
By: Zaffirini | S.B. No. 1061 | |
(In the Senate - Filed March 5, 2021; March 18, 2021, read | ||
first time and referred to Committee on Health & Human Services; | ||
April 19, 2021, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; April 19, 2021, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1061 | By: Powell |
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relating to background and criminal history checks for operators | ||
and employees of certain child-care facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.159, Human Resources Code, is amended | ||
by adding Subsections (b-1), (b-2), and (c-1) to read as follows: | ||
(b-1) A person subject to the background and criminal | ||
history check required by Subsection (a) or (b) shall submit to the | ||
commission a complete set of fingerprints. | ||
(b-2) The executive commissioner shall adopt rules to | ||
implement this section. The rules adopted under this section: | ||
(1) must require that the fingerprints submitted be in | ||
a form and of a quality acceptable to the Department of Public | ||
Safety and the Federal Bureau of Investigation for the purpose of | ||
conducting a criminal history check; | ||
(2) may require that the fingerprints be submitted | ||
electronically through an applicant fingerprinting service center; | ||
and | ||
(3) may allow the commission to waive a fingerprint | ||
submission required by this section if: | ||
(A) the person for whom the submission is | ||
required has: | ||
(i) a fingerprint-based criminal history | ||
check on file with the commission obtained under Section 411.114, | ||
Government Code; or | ||
(ii) a fingerprint-based criminal history | ||
clearinghouse record, as provided by Section 411.0845, Government | ||
Code, that is accessible to the commission through the Department | ||
of Public Safety and obtained under Section 411.114, Government | ||
Code; and | ||
(B) the commission has an active subscription to | ||
the Federal Bureau of Investigation's National Record of Arrest and | ||
Prosecution Back Service for the person for whom the fingerprint | ||
submission is required. | ||
(c-1) For each person whose fingerprints are submitted | ||
under Subsection (b-1), the department shall conduct a state and | ||
Federal Bureau of Investigation criminal history check by: | ||
(1) submitting the person's fingerprints, or causing | ||
the fingerprints to be submitted electronically, to the Department | ||
of Public Safety for the purpose of conducting a state and federal | ||
criminal history check; and | ||
(2) using the resulting information made available by | ||
that department under Section 411.114, Government Code, and by the | ||
Federal Bureau of Investigation and any other criminal justice | ||
agency under Section 411.087, Government Code. | ||
SECTION 2. Section 42.206, Human Resources Code, is amended | ||
by amending Subsection (b) and adding Subsections (b-1) and (c-1) | ||
to read as follows: | ||
(b) In addition to the requirements of Subsection (a), a | ||
shelter shall submit a complete set of fingerprints of each person | ||
required to undergo a criminal history check under Subsection (a) | ||
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(b-1) The executive commissioner shall adopt rules to | ||
implement this section. The rules adopted under this section: | ||
(1) must require that the fingerprints submitted be in | ||
a form and of a quality acceptable to the Department of Public | ||
Safety and the Federal Bureau of Investigation for purposes of | ||
conducting a criminal history check; | ||
(2) may require that the fingerprints be submitted | ||
electronically through an applicant fingerprinting service center; | ||
and | ||
(3) may allow the commission to waive a fingerprint | ||
submission required by this section if: | ||
(A) the person for whom the submission is | ||
required has: | ||
(i) a fingerprint-based criminal history | ||
check on file with the commission obtained under Section 411.114, | ||
Government Code; or | ||
(ii) a fingerprint-based criminal history | ||
clearinghouse record, as provided by Section 411.0845, Government | ||
Code, that is accessible to the commission through the Department | ||
of Public Safety and obtained under Section 411.114, Government | ||
Code; and | ||
(B) the commission has an active subscription to | ||
the Federal Bureau of Investigation's National Record of Arrest and | ||
Prosecution Back Service for the person for whom the fingerprint | ||
submission is required. | ||
(c-1) For each person whose fingerprints are submitted | ||
under Subsection (b), the department shall conduct a state and | ||
Federal Bureau of Investigation criminal history check by: | ||
(1) submitting the person's fingerprints, or causing | ||
the fingerprints to be submitted electronically, to the Department | ||
of Public Safety for the purpose of conducting a state and federal | ||
criminal history check; and | ||
(2) using the resulting information made available by | ||
that department under Section 411.114, Government Code, and by the | ||
Federal Bureau of Investigation and any other criminal justice | ||
agency under Section 411.087, Government Code. | ||
SECTION 3. This Act takes effect September 1, 2021. | ||
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