By Counts                                       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.