Page  of 1BILL ANALYSIS


HUMAN SERVICES
H.B. 2306
By: Counts
4-16-97
Committee Report (Amended)


BACKGROUND

Under the current statute, certain health care facilities, mainly nursing
homes, may not employ individuals convicted of certain criminal offenses.
However, the list does not contain the criminal offenses most frequently
committed by employees of nursing facilities against the patients or their
property. 

PURPOSE 

This proposed legislation is intended to expand the list of mandatory
disqualifying convictions which apply to employees of, and applicants for
employment with, facilities serving the aged and disabled.  If a criminal
history check of an employee or potential employee reveals a conviction of
one of the enumerated offenses, that person may not have direct contact
with a patient or consumer. 

RULEMAKING AUTHORITY 

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS 

SECTION 1.Amends Section 250.006, Health and Safety Code, in the following
manner: 

Section (3) is expanded to include all sexual offenses.  Currently, the
statute only lists indecency with a child. 

Section (4) is added in order to include assaultive offenses.

Sections (10) through (20) add the offenses of burglary; theft; forgery;
credit card or debit card abuse; misapplication of fiduciary property or
property of a financial institution; securing execution of a document by
deception; fraudulent destruction, removal, or concealment of writing;
tampering with governmental records; committing an offense involving
simulated controlled substances; and violating the Texas Controlled
Substances Act or the Texas Dangerous Drug Act. 

SECTION 2.This act takes effect on September 1, 1997, and only affects
employees, hired on or after the effective date, who have direct contact
with consumers in the facility. 

SECTION 3.Emergency clause.


EXPLANATION OF AMENDMENT

Amendment leaves current law as is listing indecency with a child as an
offense that disqualifies a person from employment in facilities described
in the bill.  Adds sexual  assault; aggravated assault; injury to a child,
elderly individual, or disabled individual; abandoning or endangering a
child; and aiding suicide to the list of disqualifying offenses. Strikes
from the list sexual offenses, assaultive offenses, burglary, theft, and
forgery. Adds the provision that in the offenses of credit card or debit
card abuse and securing execution of document by deception, the conviction
must have occurred within the last ten years for the offense to disqualify
a person from employment. Sections are renumbered accordingly.