1-1 By: Sibley S.B. No. 262
1-2 (In the Senate - Filed January 22, 1997; January 23, 1997,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 5, 1997, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; March 5, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to employment in a nursing home or other facility serving
1-9 the elderly or disabled.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 250.006, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 250.006. CONVICTIONS BARRING EMPLOYMENT. A person
1-14 convicted of an offense listed in this section may not be employed
1-15 in a position the duties of which involve direct contact with a
1-16 consumer in a facility:
1-17 (1) an offense under Chapter 19, Penal Code (criminal
1-18 homicide);
1-19 (2) an offense under Chapter 20, Penal Code
1-20 (kidnapping and false imprisonment);
1-21 (3) an offense under Section 21.11, Penal Code
1-22 (indecency with a child);
1-23 (4) an offense under Section 22.011, Penal Code
1-24 (sexual assault);
1-25 (5) an offense under Section 22.02, Penal Code
1-26 (aggravated assault);
1-27 (6) an offense under Section 22.04, Penal Code (injury
1-28 to a child, elderly individual, or disabled individual);
1-29 (7) an offense under Section 22.041, Penal Code
1-30 (abandoning or endangering child);
1-31 (8) an offense under Section 22.08, Penal Code (aiding
1-32 suicide);
1-33 (9) an offense under Section 25.031, Penal Code
1-34 (agreement to abduct from custody);
1-35 (10) [(5)] an offense under Section 25.08, Penal Code
1-36 (sale or purchase of a child);
1-37 (11) [(6)] an offense under Section 28.02, Penal Code
1-38 (arson);
1-39 (12) [(7)] an offense under Section 29.02, Penal Code
1-40 (robbery); or
1-41 (13) [(8)] an offense under Section 29.03, Penal Code
1-42 (aggravated robbery).
1-43 SECTION 2. (a) This Act takes effect September 1, 1997.
1-44 (b) The change in law made by this Act applies only to a
1-45 person hired on or after September 1, 1997, in a position the
1-46 duties of which involve direct contact with a consumer in a
1-47 facility. The change in law made by this Act does not apply to a
1-48 person hired before September 1, 1997, in a position the duties of
1-49 which involve direct contact with a consumer in a facility as long
1-50 as the person remains continuously employed in that position on and
1-51 after the effective date of this Act.
1-52 SECTION 3. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended.
1-57 * * * * *