HBA-NRS S.B. 53 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 53
By: Zaffirini
Human Services
3/30/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law requires the Department of Protective and Regulatory Services
(PRS) to obtain criminal history record information relating to certain
people working, living, or having contact with a child in state care or a
ward of the state. Senate Bill 53 expands the list of people for whom PRS
can obtain a criminal history record including certain volunteers and
people under investigation for the alleged abuse of a child.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 53 amends the Government Code to require the Department of
Protective and Regulatory Services (PRS) to obtain criminal history record
information (information) maintained by the Department of Public Safety
(DPS) that relates to a person who is an owner, operator, employee of, an
applicant for employment by, or an applicant for a license to operate a
licensed, registered, certified, or listed child-care facility,
child-placing agency, family home, or maternity home. The bill further
requires the PRS to obtain information that relates to a person 14 years of
age or older other than a child in the care of the child-care facility,
family home, or maternity home. PRS is required to obtain information on an
applicant selected, rather than all applicants, for a position with PRS the
duties of which include direct delivery of protective services to children,
elderly persons, or person with a disability.  

The bill requires PRS to obtain information on a registered volunteer with
PRS, a person applying to provide in-home care for children in the care of
PRS and other persons living with the children, and a person who is subject
of a report PRS, rather than DPS, receives alleging that the person has
abused, neglected, or exploited a child, an elderly person, or a person
with a disability, provided that the report alleges the person has engaged
in certain abusive conduct, and that the person who is the subject of the
report is not also the victim of the alleged conduct. 

In addition, the bill entitles PRS to obtain information from DPS on a
child who is related to a caretaker and who resides in a child-care
facility, family home, or maternity home, any other person who has
unsupervised access to a child in the care of such a  facility, or a person
providing or applying to provide in-home, adoptive, or foster care for
children to the extent necessary to comply with the Interstate Compact on
the Placement of Children. S.B. 53 also entitles PRS to obtain information
on an employee of PRS an applicant for a position with PRS, a volunteer or
applicant volunteer with PRS regardless of the duties to be performed, PRS
is entitled to obtain information on a relative of a child in the care of
PRS to the extent necessary to comply with a health, social, educational,
and genetic history report, a person living in the residence of a child who
has allegedly been abused, neglected, or exploited, a contractor or the
contractor's employee who delivers services to a ward of PRS under contract
with the estate of the ward, a person seeking unsupervised visits with a
ward of PRS, including a relative of the ward. 

Subject to existing state law, the bill provides that PRS is entitled to
obtain through the Federal Bureau of  Investigation or any criminal justice
agency in the state information pertaining to a person PRS is required or
entitled to obtain information about from DPS. The bill provides that PRS
is not prohibited from releasing criminal history record information to
certain persons responsible for the care or delegation of protective
services for a child, or another person responsible for the care of a
child, elderly person, person with a disability, or the person who is the
subject of the information. The bill provides that the failure or refusal
to provide a complete set of fingerprints or a complete name on request
constitutes good cause for dismissal or refusal to hire, as applicable,
with regard to a volunteer of or an employee or applicant for permanent or
temporary employment with PRS rather than DPS, if the volunteer position,
employment, or potential employment involves direct interaction with or the
opportunity to act and associate with children. 
 
EFFECTIVE DATE

September 1, 2001.