By Zaffirini S.B. No. 967
76R7148 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating a registry for acts of misconduct of certain
1-3 employees of facilities licensed by the Texas Department of Human
1-4 Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
1-7 amended by adding Chapter 253 to read as follows:
1-8 CHAPTER 253. EMPLOYEE MISCONDUCT REGISTRY
1-9 Sec. 253.001. DEFINITIONS. In this chapter:
1-10 (1) "Commissioner" means the commissioner of human
1-11 services.
1-12 (2) "Department" means the Texas Department of Human
1-13 Services.
1-14 (3) "Direct contact working with a consumer" means any
1-15 contact with a resident or client in a facility covered by this
1-16 chapter.
1-17 (4) "Employee" means a person who:
1-18 (A) works at a facility;
1-19 (B) has direct contact working with a consumer;
1-20 and
1-21 (C) is not licensed by an agency of the state to
1-22 perform the services the employee performs at the facility.
1-23 (5) "Facility" means:
1-24 (A) a facility licensed by the department; or
2-1 (B) an adult foster care provider that contracts
2-2 with the department.
2-3 Sec. 253.002. INVESTIGATION BY DEPARTMENT. If the
2-4 department receives a complaint that an employee of a facility has
2-5 abused, neglected, or exploited a consumer of a facility or
2-6 misappropriated a consumer's property, the department shall
2-7 investigate the complaint to determine whether the employee has
2-8 committed the act of abuse, neglect, exploitation, or
2-9 misappropriation.
2-10 Sec. 253.003. DETERMINATION; NOTICE. (a) If, after an
2-11 investigation, the department determines that the employee abused,
2-12 neglected, or exploited a consumer of the facility or
2-13 misappropriated a consumer's property, the department shall give
2-14 written notice of the department's findings. The notice must
2-15 include:
2-16 (1) a brief summary of the department's findings; and
2-17 (2) a statement of the person's right to a hearing on
2-18 the occurrence of the misconduct.
2-19 (b) Not later than the 20th day after the date on which the
2-20 notice is received, the employee notified may accept the
2-21 determination of the department made under this section or may make
2-22 a written request for a hearing on that determination.
2-23 (c) If the employee notified of the violation accepts the
2-24 determination of the department or fails to timely respond to the
2-25 notice, the commissioner or the commissioner's designee shall issue
2-26 an order approving the determination and ordering that the incident
2-27 of misconduct be recorded in the registry under Section 253.007.
3-1 Sec. 253.004. HEARING; ORDER. (a) If the employee requests
3-2 a hearing, the department shall:
3-3 (1) set a hearing;
3-4 (2) give written notice of the hearing to the
3-5 employee; and
3-6 (3) designate a hearings examiner to conduct the
3-7 hearing.
3-8 (b) The hearings examiner shall make findings of fact and
3-9 conclusions of law and shall promptly issue to the commissioner or
3-10 the commissioner's designee a proposal for decision as to the
3-11 occurrence of the violation.
3-12 (c) Based on the findings of fact and conclusions of law and
3-13 the recommendations of the hearings examiner, the commissioner or
3-14 the commissioner's designee by order may find that an act of
3-15 misconduct has occurred. If the commissioner or the commissioner's
3-16 designee finds that an act of misconduct has occurred, the
3-17 commissioner or the commissioner's designee shall issue an order
3-18 approving the determination and ordering that the incident of
3-19 misconduct be recorded in the registry under Section 253.007.
3-20 Sec. 253.005. NOTICE; JUDICIAL REVIEW. (a) The department
3-21 shall give notice of the order under Section 253.004 to the
3-22 employee alleged to have committed the act of misconduct. The
3-23 notice must include:
3-24 (1) separate statements of the findings of fact and
3-25 conclusions of law; and
3-26 (2) a statement of the right of the employee to
3-27 judicial review of the order.
4-1 (b) Not later than the 30th day after the date on which the
4-2 decision is final as provided by Chapter 2001, Government Code, the
4-3 employee may file a petition for judicial review contesting the
4-4 finding of an act of misconduct.
4-5 (c) Judicial review of the order:
4-6 (1) is instituted by filing a petition as provided by
4-7 Subchapter G, Chapter 2001, Government Code; and
4-8 (2) is under the substantial evidence rule.
4-9 (d) If the court sustains the finding of the occurrence of
4-10 an act of misconduct, the department shall keep the incident listed
4-11 in the registry. If the court does not sustain the finding of the
4-12 occurrence of an act of misconduct, the court shall order the
4-13 department to remove the incident from the registry.
4-14 Sec. 253.006. INFORMAL PROCEEDINGS. The department by rule shall
4-15 adopt procedures governing informal proceedings held in compliance
4-16 with Section 2001.056, Government Code.
4-17 Sec. 253.007. EMPLOYEE MISCONDUCT REGISTRY. (a) If an
4-18 employee abuses, neglects, or exploits a consumer of a facility or
4-19 misappropriates a consumer's property, the department shall make a
4-20 record of the employee's name, the employee's address, the
4-21 employee's social security number, the name of the facility, the
4-22 address of the facility, the date of the act of misconduct, and a
4-23 description of the act of misconduct.
4-24 (b) The department shall make the registry available to the
4-25 public.
4-26 Sec. 253.008. VERIFICATION OF EMPLOYABILITY. (a) Before a
4-27 facility may employ a person who will have direct working contact
5-1 with a consumer, the facility shall search the registry to
5-2 determine whether the person is designated in the registry as
5-3 having abused, neglected, or exploited a consumer of a facility.
5-4 (b) A facility may not employ a person who is listed in the
5-5 registry as having abused, neglected, or exploited a consumer of a
5-6 facility.
5-7 SECTION 2. This Act takes effect September 1, 1999, and
5-8 applies only to an act of misconduct that occurs on or after that
5-9 date.
5-10 SECTION 3. This Act takes effect only if House Bill No. 224
5-11 or Senate Bill No. 20, Acts of the 76th Legislature, Regular
5-12 Session, 1999, is enacted and becomes law. If House Bill No. 224 or
5-13 Senate Bill No. 20 does not become law, this Act does not take
5-14 effect.
5-15 SECTION 4. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.