Amend HB 1418 as follows:
(1) Strike SECTIONS 3 and 4 of the bill (Senate committee
printing, page 1, lines 44-64, and page 2, lines 1-25).
(2) Add the following appropriately numbered SECTIONS to the
bill and renumber the remaining SECTIONS of the bill as
appropriate:
SECTION ____. Section 250.002, Health and Safety Code, is
amended to read as follows:
Sec. 250.002. INFORMATION OBTAINED BY FACILITY, REGULATORY
AGENCY, OR PRIVATE AGENCY. (a) A facility, a regulatory agency,
or a private agency on behalf of a facility is entitled to obtain
from the Department of Public Safety of the State of Texas criminal
history record information maintained by the Department of Public
Safety that relates to a person who is:
(1) an applicant for employment at a facility other
than a facility licensed under Chapter 142;
(2) <licensed, certified, or under contract with the
agency, as specified by Section 250.001(3), or who is> an employee
of a <that> facility other than a facility licensed under Chapter
142; or
(3) an applicant for employment at or an employee of a
facility licensed under Chapter 142<, and> whose employment duties
would or do involve direct contact with a consumer in the <a>
facility.
(b) A facility may:
(1) pay a private agency to obtain criminal history
record information for an applicant or employee described by
Subsection (a) directly from the Department of Public Safety of the
State of Texas; or
(2) obtain the information directly from the
Department of Public Safety <from the regulatory agency that
obtains the information from the Department of Public Safety of the
State of Texas regarding that facility>.
(c) The <regulatory agency or> private agency<, as
appropriate,> shall forward criminal history record information
received under this section to the facility requesting the
information.
(d) A regulatory agency may adopt rules relating to the
processing of information requested or obtained under this chapter.
SECTION ____. Section 250.003, Health and Safety Code, is
amended to read as follows:
Sec. 250.003. VERIFICATION OF EMPLOYABILITY; DISCHARGE.
(a) A facility may not employ a person <in a position the duties
of which involve direct contact with a consumer in the facility> if
the facility determines, as a result of a criminal history check,
that a person has been convicted of an offense listed in this
chapter that bars employment or that a conviction is a
contraindication to employment with the consumers the facility
serves, and if the applicant is a nurse aide, until the facility
further verifies that the applicant is listed in the nurse aide
registry and verifies that the applicant is not designated in the
registry as having a finding entered into the registry concerning
abuse, neglect, or mistreatment of a consumer of a facility, or
misappropriation of a consumer's property. A person licensed under
another law of this state is exempt from the requirements of this
chapter.
(b) The facility may not employ an applicant covered by
Subsection (a), except that in an emergency requiring immediate
employment, a facility may hire on a temporary or interim basis a
person not listed in the registry pending the results of a criminal
conviction check, which must be requested within 72 hours of
employment. <The request shall be mailed, sent by telephonic
facsimile machine, sent by electronic means, or otherwise forwarded
to the facility's regulatory agency by the facility or a private
agency working with the facility, or to the Department of Public
Safety of the State of Texas by a private agency working with the
facility.>
(c) A facility shall immediately discharge any employee <in
a position the duties of which involve direct contact with a
consumer in the facility> who is designated in the nurse aide
registry or the employee misconduct registry established under
Chapter 253 as having committed an act of abuse, neglect, or
mistreatment of a consumer of a facility, or misappropriation of a
consumer's property, or whose criminal history check reveals
conviction of a crime that bars employment or that the facility
determines is a contraindication to employment as provided by this
chapter.
SECTION ____. Subsection (a), Section 250.004, Health and
Safety Code, is amended to read as follows:
(a) Identifying information of an employee <in direct
contact with a consumer> in a covered facility shall be submitted
electronically, on disk, or on a typewritten form to the Department
of Public Safety to obtain the person's criminal conviction record
when the person applies for employment and at other times as the
facility may determine appropriate. In this subsection,
"identifying information" includes:
(1) the complete name, race, and sex of the employee;
(2) any known identifying number of the employee,
including social security number, driver's license number, or state
identification number; and
(3) the employee's date of birth.
SECTION ____. Section 250.006, Health and Safety Code, is
amended to read as follows:
Sec. 250.006. CONVICTIONS BARRING EMPLOYMENT. (a) A person
for whom the facility is entitled to obtain criminal history record
information may not be employed in a facility if the person has
been convicted of an offense listed in this subsection <section may
not be employed in a position the duties of which involve direct
contact with a consumer in a facility>:
(1) an offense under Chapter 19, Penal Code (criminal
homicide);
(2) an offense under Chapter 20, Penal Code
(kidnapping and unlawful restraint <false imprisonment>);
(3) an offense under Section 21.11, Penal Code
(indecency with a child);
(4) an offense under Section 22.011, Penal Code
(sexual assault);
(5) an offense under Section 22.02, Penal Code
(aggravated assault);
(6) an offense under Section 22.04, Penal Code (injury
to a child, elderly individual, or disabled individual);
(7) an offense under Section 22.041, Penal Code
(abandoning or endangering child);
(8) an offense under Section 22.08, Penal Code (aiding
suicide);
(9) an offense under Section 25.031, Penal Code
(agreement to abduct from custody);
(10) an offense under Section 25.08, Penal Code (sale
or purchase of a child);
(11) an offense under Section 28.02, Penal Code
(arson);
(12) an offense under Section 29.02, Penal Code
(robbery); <or>
(13) an offense under Section 29.03, Penal Code
(aggravated robbery); or
(14) a conviction under the laws of another state,
federal law, or the Uniform Code of Military Justice for an offense
containing elements that are substantially similar to the elements
of an offense listed under Subdivisions (1)-(13).
(b) A person convicted of an offense under Chapter 31, Penal
Code, that is punishable as a felony may not be employed in a
position the duties of which involve direct contact with a consumer
in a facility before the fifth anniversary of the date of the
conviction.