HBA-DMH C.S.S.B. 1238 77(R)    HBA-DMH C.S.S.B. 1238 77(R)    
BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1238
By: Moncrief
Human Services
4/26/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, there is no program in place to facilitate finding
qualified child-care providers. C.S.S.B. 1238 requires the Department of
Protective and Regulatory Services to establish and maintain a registry of
child-care providers who meet certain requirements.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Protective and
Regulatory Services in SECTION 1 (Sections 41.003 and 41.010, Human
Resources Code) of this bill. 

ANALYSIS

C.S.S.B. 1238 amends the Human Resources Code to require the Department of
Protective and Regulatory Services (PRS) to establish and maintain a
voluntary registry of child-care providers (registry) and to adopt rules,
employ sufficient personnel, and provide training for the personnel to
maintain the registry (Secs. 41.002 and 41.003).  The bill sets forth
application procedures, including fingerprinting requirements, for a
registry applicant and provides what the application for registration must
include (Sec. 41.004).  The bill requires PRS to adopt and provide standard
forms for applications and for the submission of fingerprints (Sec.
41.003). 

The bill requires PRS to conduct a background and criminal history check on
an applicant using information provided through the application, the
central registry of reported cases of child abuse or neglect, the
Department of Public Safety, the Federal Bureau of Investigation (FBI) or
other criminal justice agency, and PRS records of reported abuse and
neglect.  The bill requires PRS to complete the background and criminal
history check and to accept or deny the application for registration not
later than the 60th day after the date PRS received the application, except
where delayed by the response time of the FBI or in the case of a pending
investigation (Sec. 41.005).  The bill sets forth provisions regarding
registration and conditions under which PRS is required to deny an
application for registration or  revoke the registration of a registered
child-care provider.  The bill authorizes PRS to provide for an applicant's
right to appeal the denial of an application for registration (Secs.
41.006-41.008). 

The bill requires PRS to continually update the registry to reflect
criminal convictions and substantiated child abuse information concerning
registered child-care providers (Sec. 41.009).  The bill requires PRS by
rule to require an applicant to pay to PRS a fee in an amount not to exceed
the administrative costs PRS incurs in conducting a background and criminal
history check.  The bill provides that the fees received by PRS relating to
the registry may be appropriated only to PRS for the purpose of
administering the registry (Sec. 41.010).  

The bill authorizes a person to receive information about a registered
child-care provider from PRS if the person provides to PRS the name and the
Texas driver's license number or state identification number of the
registered child-care provider and sets forth what the information provided
about a registered child-care  provider by PRS is to include (Sec. 41.011).
The bill requires PRS to provide a toll-free telephone number for use by
the public to obtain access to registry information. The bill provides that
a caller may inquire whether an individual is a registered child-care
provider and may receive the information available from the registry (Sec.
41.012).   

The bill requires PRS to develop a plan to publicize the availability,
benefit, and methods of accessing the registry and to distribute
applications for registration.  The bill requires PRS to prepare and
maintain a written plan that describes how persons who do not speak English
can be provided reasonable access to the registry (Secs. 41.013 and
41.014). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1238 differs from the original by modifying the conditions under
which the Department of Protective and Regulatory Services (PRS) is
required to deny a child-care registry application to specify that an
application be denied if PRS determines from the background and criminal
history check that the applicant is a person with a criminal history that
indicates that the applicant may lack the qualities necessary to serve as a
safe and reliable child-care provider, rather than that the applicant has a
criminal history (Sec. 41.006).  The substitute removes the requirement
that a private employment agency only refer for employment as a child-care
provider an individual who is a registered child-care provider.