By Counts, McClendon H.B. No. 2306
75R8401 SKB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to employment in a nursing home or other facility serving
1-3 the elderly or disabled.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 250.006, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 250.006. CONVICTIONS BARRING EMPLOYMENT. A person
1-8 convicted of an offense listed in this section may not be employed
1-9 in a position the duties of which involve direct contact with a
1-10 consumer in a facility:
1-11 (1) an offense under Chapter 19, Penal Code (criminal
1-12 homicide);
1-13 (2) an offense under Chapter 20, Penal Code
1-14 (kidnapping and false imprisonment);
1-15 (3) an offense under Chapter 21 [Section 21.11], Penal
1-16 Code (sexual offenses [indecency with a child]);
1-17 (4) an offense under Chapter 22, Penal Code
1-18 (assaultive offenses);
1-19 (5) an offense under Section 25.031, Penal Code
1-20 (agreement to abduct from custody);
1-21 (6) [(5)] an offense under Section 25.08, Penal Code
1-22 (sale or purchase of a child);
1-23 (7) [(6)] an offense under Section 28.02, Penal Code
1-24 (arson);
2-1 (8) [(7)] an offense under Section 29.02, Penal Code
2-2 (robbery); [or]
2-3 (9) [(8)] an offense under Section 29.03, Penal Code
2-4 (aggravated robbery);
2-5 (10) an offense under Section 30.02, Penal Code
2-6 (burglary);
2-7 (11) an offense under Section 31.03, Penal Code
2-8 (theft);
2-9 (12) an offense under Section 32.21, Penal Code
2-10 (forgery);
2-11 (13) an offense under Section 32.31, Penal Code
2-12 (credit card or debit card abuse);
2-13 (14) an offense under Section 32.45, Penal Code,
2-14 (misapplication of fiduciary property or property of financial
2-15 institution);
2-16 (15) an offense under Section 32.46, Penal Code
2-17 (securing execution of document by deception);
2-18 (16) an offense under Section 32.47, Penal Code
2-19 (fraudulent destruction, removal, or concealment of writing);
2-20 (17) an offense under Section 37.10, Penal Code
2-21 (tampering with governmental record);
2-22 (18) an offense under Chapter 481, Health and Safety
2-23 Code (Texas Controlled Substances Act);
2-24 (19) an offense under Chapter 482, Health and Safety
2-25 Code (simulated controlled substances); or
2-26 (20) an offense under Chapter 483, Health and Safety
2-27 Code (Texas Dangerous Drug Act).
3-1 SECTION 2. (a) This Act takes effect September 1, 1997.
3-2 (b) The change in law made by this Act applies only to a
3-3 person hired on or after September 1, 1997, in a position the
3-4 duties of which involve direct contact with a consumer in a
3-5 facility. The change in law made by this Act does not apply to a
3-6 person hired before September 1, 1997, in a position the duties of
3-7 which involve direct contact with a consumer in a facility as long
3-8 as the person remains continuously employed in that position on and
3-9 after the effective date of this Act.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.
3-15 COMMITTEE AMENDMENT NO. 1
3-16 Amend H.B. 2306 as follows:
3-17 Strike page 1, lines 15-18 and substitute the following:
3-18 "(3) an offense under Section 21.11, Penal Code
3-19 (indecency with a child);
3-20 (4) an offense under Section 22.011, Penal Code
3-21 (sexual assault);
3-22 (5) an offense under Section 22.02, Penal Code
3-23 (aggravated assault);
3-24 (6) an offense under Section 22.04, Penal Code (injury
3-25 to a child, elderly individual, or disabled individual);
3-26 (7) an offense under Section 22.041, Penal Code
3-27 (abandoning or endangering child);
4-1 (8) an offense under Section 22.08, Penal Code (aiding
4-2 suicide);"
4-3 Renumber subsequent sections as follows:
4-4 (9) an offense under Section 25.031, Penal Code
4-5 (agreement to abduct from custody);
4-6 (10) [(5)] an offense under Section 25.08, Penal Code
4-7 (sale or purchase of a child);
4-8 (11) [(6)] an offense under Section 28.02, Penal Code
4-9 (arson);
4-10 (12) [(7)] an offense under Section 29.02, Penal Code
4-11 (robbery); [or]
4-12 (13) [(8)] an offense under Section 29.03, Penal Code
4-13 (aggravated robbery);
4-14 Strike page 2, lines 5 through 10.
4-15 On page 2, line 12, between "abuse)" and ";" insert ", if the
4-16 conviction occurred within the last ten years"
4-17 Strike page 2, lines 13 through 15.
4-18 On page 2, line 17, between "deception)" and ";" insert ", if the
4-19 conviction occurred within the last ten years"
4-20 Strike page 2, lines 20 through 27.
4-21 Renumber the subsections accordingly.
4-22 Naishtat