The department must review criminal and employment-reference information for covered people, and the board must adopt rules for fingerprints, annual reviews, record retention, and administration.
Sec. 242.010. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) In this section, "national criminal history record information" means criminal history record information obtained from the Department of Public Safety under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code. (b) The department shall review the national criminal history record information, state criminal history record information maintained by the Department of Public Safety, and previous and current employment references of each person who: (1) is an employee, volunteer, ombudsman, or advocate working for the department or working in a department facility or a facility under contract with the department; (2) is a contractor or an employee or subcontractor of a contractor who has direct access to children in department facilities; (3) provides direct delivery of services to children in the custody of the department; or (4) has access to records in department facilities or offices. (b-1) The department may review criminal history record information of: (1) a person requesting visitation access to a department facility; or (2) any person, as necessary to conduct an evaluation of the home under Section 245.051(a). (b-2) The department may not deny visitation access to an immediate family member of a child committed to the department based solely on a review of criminal history record information under Subsection (b-1)(1). (b-3) If visitation access is denied or limited based in part on a review of criminal history record information under Subsection (b-1)(1), the department shall retain the criminal history record information of the person for whom access is denied or limited until the child the person requested visitation access to is released from the department. (c) To enable the department to conduct the review, the board shall adopt rules requiring a person described by Subsection (b) to electronically provide the Department of Public Safety with a complete set of the person's fingerprints in a form and of a quality acceptable to the Department of Public Safety and the Federal Bureau of Investigation. (d) For each person described by Subsection (b), the department shall review on an annual basis the person's national criminal history record information. (e) The department shall ensure that the system used to check state criminal history record information maintained by the Department of Public Safety is capable of providing real time arrest information. (f) The board by rule may require a person described by Subsection (b) to pay a fee related to the first national criminal history record information review conducted under this section. The amount of the fee may not exceed the administrative costs incurred by the department in conducting the initial review, including the costs of obtaining the person's fingerprints. (g) The board shall adopt rules necessary to administer this section. Transferred, redesignated and amended from Human Resources Code, Subchapter C, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 7, eff. September 1, 2013.