HBA-KMH H.B. 3321 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3321
By: Chavez
Human Services
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 3321 requires the Texas Department of Human Services (DHS) to
establish and maintain a database containing the names of adult day-care
workers determined to have abused, neglected, or exploited clients of the
facilities.  This bill also requires DHS, acting under this section, to
provide for the due process rights of employees in regard to placement in
the database. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Human Services
in SECTION 1 (Section 103.012, Human Resources Code) of this bill. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 103, Human Resources Code, by adding Section
103.012, as follows: 

Sec.  103.012.  REGISTRY OF ADULT DAY-CARE WORKERS.  Requires the Texas
Department of Human Services (DHS) to establish a state registry to contain
the names of adult day-care workers determined to have abused, neglected,
or exploited a person receiving services at an adult day-care facility or
under an adult day-care program.  Requires DHS to provide for the due
process rights of an adult day-care worker in connection with placement of
the worker's name in the registry and public access to the registry.
Requires DHS to adopt rules as necessary to implement this section. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.