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


Office of House Bill AnalysisS.B. 1238
By: Moncrief
Human Services
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, there is no program in place to facilitate finding
qualified child-care providers. Senate Bill 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

Senate Bill 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 make 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 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 by 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 the background and criminal history check to be completed and the
application for registration accepted or denied not later than two months
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 make provisions governing the right
of appeal by an applicant from 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 requires PRS to retain such fees for the purpose
of administering the registry (Sec. 41.010).  

The bill authorizes an individual to receive information about a registered
child-care provider from PRS if the individual 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 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,
benefits, 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.  The bill requires a
private employment agency to only refer for employment as a child-care
provider an individual who is a registered child-care provider (Secs.
41.013-41.015). 

EFFECTIVE DATE

September 1, 2001.