Sec. 42.159. BACKGROUND AND CRIMINAL HISTORY CHECKS REQUIRED. (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.
(c) The department shall conduct background and criminal history checks using:
(1) the information provided under Subsection (a) or (b), as applicable;
(2) the information made available by the Department of Public Safety under Section 411.114, Government Code, or by the Federal Bureau of Investigation or other criminal justice agency under Section 411.087, Government Code; and
(3) the department's records of reported abuse and neglect.
(d) For purposes of Sections 411.114 and 411.087, Government Code:
(1) a small employer that applies for a permit is considered an applicant for a license under this chapter; and
(2) an employer-based day-care facility operating under a permit issued under this subchapter is considered a child-care facility licensed under this chapter.
(e) The department shall require the small employer to pay to the department a fee set by the executive commissioner by rule in an amount not to exceed the administrative costs the department incurs in conducting a background and criminal history check under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.242, eff. April 2, 2015.
Section: Previous 42.152 42.153 42.154 42.155 42.156 42.157 42.158 42.159 42.160 42.161 42.162 42.163 42.201 42.202 42.203 NextLast modified: September 28, 2016