By:  Ratliff                                            S.B. No. 35
       73R937 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the Texas Department of Human Services
    1-3  to obtain criminal conviction records of employees of certain
    1-4  providers of services to the elderly or persons with disabilities.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 106.001, Human Resources Code, is amended
    1-7  to read as follows:
    1-8        Sec. 106.001.  Definitions.  In this chapter, "facility"
    1-9  means:
   1-10              (1)  a nursing home, custodial care home, or other
   1-11  institution licensed by the Texas Department of Health under
   1-12  Chapter 242, Health and Safety Code;
   1-13              (2)  a personal care facility licensed by the Texas
   1-14  Department of Health under Chapter 242, Health and Safety Code, or
   1-15  under Article 4442c-4, Revised Statutes<, if S.B. No. 487, Acts of
   1-16  the 71st Legislature, Regular Session, becomes law>;
   1-17              (3)  a home health agency licensed by the Texas
   1-18  Department of Health under Chapter 142, Health and Safety Code;
   1-19              (4)  an adult day care facility or adult day health
   1-20  care facility licensed by the Texas Department of Health under
   1-21  Chapter 103 <of this code>;
   1-22              (5)  a facility for the mentally retarded licensed by
   1-23  the Texas Department of Health; <or>
   1-24              (6)  an unlicensed attendant care agency that contracts
    2-1  with the Texas Department of Human Services;
    2-2              (7)  an adult foster care provider that contracts with
    2-3  the Texas Department of Human Services; or
    2-4              (8)  a medical transportation service provider that
    2-5  contracts with the Texas Department of Human Services to provide
    2-6  services to the elderly or persons with disabilities.
    2-7        SECTION 2.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended,
   2-12  and that this Act take effect and be in force from and after its
   2-13  passage, and it is so enacted.