Texas Human Resources Code

§ 42.159 — BACKGROUND AND CRIMINAL HISTORY CHECKS REQUIRED

HR § 42.159Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICES · Ch. 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES · Art. F. REGULATION OF EMPLOYER-BASED DAY-CARE FACILITIES

Statute text

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(a)In accordance with rules adopted by the executive commissioner, a small employer shall, when applying for a permit under this subchapter and at least once during each 24 months after receiving that permit, submit to the department for use in conducting background and criminal history checks:

(1)the name of any director of the employer-based day-care facility and the name of each caregiver employed at the facility to provide care to children; and

(2)the name of each person 14 years of age or older who will regularly or frequently be staying or working at the facility while children are being provided care.

(b)The small employer shall also submit to the department for use in conducting background and criminal history checks the name of each prospective caregiver who will provide care to children at the facility or other prospective employee who will have direct access to those children. (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

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.242, eff. April 2, 2015. Acts 2021, 87th Leg., R.S., Ch. 597 (S.B. 1061), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 5, eff. September 1, 2023.