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State legislators in Texas voted in favor of a bill that would create stronger background screening laws for potential childcare workers.

About The Proposed Bill

Texas' Senate Bill 1849 (SB1849) was written with the intention of protecting children. It would do this by developing stricter policies for screening anyone who applies to work at a facility that offers care to juveniles.

If the bill is signed into law, it will require the creation of a search engine which links the “Do Not Hire” databases of four state agencies:

• The Texas Juvenile Justice Department (TJJD)
• The Health and Human Services Commission (THHSC)
• The Department of Family and Protective Services (DFPS)
• The Texas Education Agency (TTEA)

These entities maintain files on employees and applicants who are deemed ineligible for hire. Organizations that provide care for children would be required to check the new database for warnings from any of those agencies. Search results would show hiring managers if a seemingly qualified individual should not be employed.

SB1849 is pending review from the Governor. Legislators hope it will be signed soon and go into effect on September 1, 2023. Learn more.

A Related Bill

Texas legislators also passed Senate Bill 182 (SB182), which requires contractors and employees of the TJJD and DFPS to report criminal offenses to local law enforcement agencies. It says that any person who “becomes aware of conduct constituting a criminal offense engaged in by another employee of the department or by a department contractor against a person receiving services from the department or a department contractor shall report the conduct to a local law enforcement agency not later than the 48th hour after the hour the employee becomes aware of the conduct.”

SB182 prohibits employers from retaliating against employees who report an alleged criminal offense. This includes taking any adverse action such as one that affects the person’s compensation, promotion, transfer, work assignment or performance evaluation.

All criminal offenses are intended to be reported to the Texas Department of Public Security. The goal is to ensure they are listed in the database that would be searched by agencies which offer childcare services. This, in turn, is meant to increase the effectiveness of the database and strengthen the screening process even more.

What Employers Should Know

Employers in Texas that provide care to children should be aware of the proposed bills and prepared to comply if they are signed into law. Bills like these demonstrate that it is essential for organizations to run comprehensive background checks on potential employees, especially those who would work with vulnerable populations like children or the elderly.

Organizations everywhere are encouraged to review their hiring policies and ensure they are taking steps to conduct due diligence and create safe workplaces. If your business needs employment background checks, please contact us. Our experienced team can help you customize screening packages based on your needs, industry regulations and relevant laws. We are available to assist you Monday through Friday from 5am to 6pm PT.