CLC S.B. 262 75(R)BILL ANALYSIS


HUMAN SERVICES
S.B. 262
By: Sibley (Counts)
5-6-97
Committee Report (Unamended)


BACKGROUND

Currently, a person is automatically barred from working directly with the
elderly or persons with mental retardation in certain health care
facilities if that person has been convicted of criminal homicide,
kidnapping and false imprisonment, indecency with a child,  agreement to
abduct from custody, arson, robbery, or aggravated robbery.  This
legislation would expand that list to add the following assaultive
offenses:  sexual assault; aggravated assault; injury to a child, elderly
individual, or disabled individual; abandoning or endangering a child; and
aiding suicide.    

PURPOSE

As proposed, S.B. 262 establishes the persons excluded from employment in
a nursing home or other facility serving the elderly or disabled. 

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, to include an
offense under Section 22.011, 22.02, 22.04, 22.041, and 22.08, Penal Code
(sexual assault, aggravated assault, injury to a child, elderly
individual, or disabled individual, abandoning or endangering a child, and
aiding suicide), among the list of offenses for which, if a person is
convicted, the person is prohibited from being employed in a position
requiring direct contact with a consumer in a nursing home or other
facility serving the elderly or disabled.  Makes conforming changes. 

SECTION 2. Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.