Bill Text: TX SB1496 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to background checks conducted by the Department of Family and Protective Services for certain child-care providers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2015-06-17 - Effective on . . . . . . . . . . . . . . . [SB1496 Detail]
Download: Texas-2015-SB1496-Comm_Sub.html
Bill Title: Relating to background checks conducted by the Department of Family and Protective Services for certain child-care providers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2015-06-17 - Effective on . . . . . . . . . . . . . . . [SB1496 Detail]
Download: Texas-2015-SB1496-Comm_Sub.html
By: Uresti | S.B. No. 1496 | |
(Naishtat, Peña) | ||
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relating to background checks conducted by the Department of Family | ||
and Protective Services for certain child-care providers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.0523(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) Before the department may list a child-care provider's | ||
home under this section, in addition to conducting the [ |
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background or criminal history check required under Section 42.056 | ||
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database of sex offender registration records maintained by the | ||
Department of Public Safety under Chapter 62, Code of Criminal | ||
Procedure, to determine whether the provider is listed in the | ||
registry as a sex offender. | ||
SECTION 2. Sections 42.056(a-2) and (a-4), Human Resources | ||
Code, and Section 42.056(c), Human Resources Code, as amended by | ||
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are | ||
amended to read as follows: | ||
(a-2) In accordance with rules adopted by the executive | ||
commissioner, the director, owner, or operator of a residential | ||
child-care facility, listed or registered family home, group | ||
day-care home, day-care center, before-school or after-school | ||
program, or school-age program shall submit a complete set of | ||
fingerprints of each person whose name is required to be submitted | ||
by the director, owner, or operator under Subsection (a), unless | ||
the person is only required to have the person's name submitted | ||
based on criteria specified by Subsection (a)(7). This subsection | ||
does not apply to a family home that is subject to regulation by the | ||
department under Section 42.0523 [ |
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(a-4) In accordance with rules adopted by the executive | ||
commissioner, the director, owner, or operator of a facility or | ||
listed or registered family home shall submit a complete set of | ||
fingerprints of each person whose name is required to be submitted | ||
by the director, owner, or operator under Subsection (a) if: | ||
(1) the person resided in another state during the | ||
five years preceding the date the person's name was required to be | ||
submitted under Subsection (a); or | ||
(2) the director, owner, or operator has reason to | ||
suspect that the person has a criminal history in another state. | ||
(c) The executive commissioner by rule shall require a | ||
child-care facility, child-placing agency, or listed or registered | ||
family home to pay to the department a fee in an amount not to exceed | ||
the administrative costs the department incurs in conducting a | ||
background and criminal history check under this section. | ||
SECTION 3. This Act takes effect September 1, 2016. |