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A BILL TO BE ENTITLED
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AN ACT
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relating to applicants for employment at assisted living |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.072 to read as follows: |
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Sec. 247.072. APPLICANTS FOR EMPLOYMENT; CRIMINAL HISTORY |
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CHECK. (a) In addition to the prohibitions provided by Section |
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250.003, an assisted living facility licensed under this chapter |
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may not employ at the facility an applicant who fails to indicate in |
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a written statement developed by the commission and included with |
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the submitted application that the applicant has not been convicted |
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of an offense described by Section 250.006. For purposes of this |
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subsection, a person who commits an offense in another state that is |
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substantially similar to an offense described by Section 250.006 is |
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considered to have committed the offense described by that section. |
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(b) If an applicant for employment at an assisted living |
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facility states in the application that the applicant resided in |
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another state during the five years preceding the date of the |
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application, the facility, before employing the applicant in a |
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permanent position, shall conduct a name-based criminal history |
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check in each state in which the applicant previously resided. |
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(c) The commission shall develop the statement described by |
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Subsection (a) and make the statement available to assisted living |
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facilities on the commission's Internet website. |
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(d) If an assisted living facility employs a person pending |
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an out-of-state criminal history check under Subsection (b), the |
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facility shall ensure the person has no direct contact with a |
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resident until the facility obtains the person's criminal history |
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record information and verifies the person is not barred from |
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employment under Section 250.006. |
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SECTION 2. Section 247.072, Health and Safety Code, as |
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added by this Act, applies only to an application for employment at |
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an assisted living facility submitted on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |