1-1     By:  Moncrief                                         S.B. No. 1242
 1-2           (In the Senate - Filed March 7, 2001; March 12, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 2, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 2, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1242                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to criminal history checks of employees and applicants for
1-11     employment in certain long-term care facilities.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 250.002, Health and Safety Code, is
1-14     amended to read as follows:
1-15           Sec. 250.002.  INFORMATION OBTAINED BY FACILITY, REGULATORY
1-16     AGENCY, OR PRIVATE AGENCY.  (a)  A facility, a regulatory agency,
1-17     or a private agency on behalf of a facility is entitled to obtain
1-18     from the Department of Public Safety of the State of Texas criminal
1-19     history record information maintained by the Department of Public
1-20     Safety that relates to a person who is:
1-21                 (1)  an applicant for employment at a facility other
1-22     than a facility licensed under Chapter 142;
1-23                 (2)  [licensed, certified, or under contract with the
1-24     agency, as specified by Section 250.001(3), or who is] an employee
1-25     of a [that] facility other than a facility licensed under Chapter
1-26     142; or
1-27                 (3)  an applicant for employment at or an employee of a
1-28     facility licensed under Chapter 142[, and] whose employment duties
1-29     would or do involve direct contact with a consumer in the [a]
1-30     facility.
1-31           (b)  A facility may:
1-32                 (1)  pay a private agency to obtain criminal history
1-33     record information for an applicant or employee described by
1-34     Subsection (a) directly from the Department of Public Safety of the
1-35     State of Texas; or
1-36                 (2)  obtain the information directly [from the
1-37     regulatory agency that obtains the information] from the Department
1-38     of Public Safety of the State of Texas [regarding that facility].
1-39           (c)  The [regulatory agency or] private agency[, as
1-40     appropriate,] shall forward criminal history record information
1-41     received under this section to the facility requesting the
1-42     information.
1-43           (d)  A regulatory agency may adopt rules relating to the
1-44     processing of information requested or obtained under this chapter.
1-45           SECTION 2.  Section 250.003, Health and Safety Code, is
1-46     amended to read as follows:
1-47           Sec. 250.003.  VERIFICATION OF EMPLOYABILITY; DISCHARGE.
1-48     (a)  A facility may not employ a person [in a position the duties
1-49     of which involve direct contact with a consumer in the facility] if
1-50     the facility determines, as a result of a criminal history check,
1-51     that a person has been convicted of an offense listed in this
1-52     chapter that bars employment or that a conviction is a
1-53     contraindication to employment with the consumers the facility
1-54     serves, and if the applicant is a nurse aide, until the facility
1-55     further verifies that the applicant is listed in the nurse aide
1-56     registry and verifies that the applicant is not designated in the
1-57     registry as having a finding entered into the registry concerning
1-58     abuse, neglect, or mistreatment of a consumer of a facility, or
1-59     misappropriation of a consumer's property.  A person licensed under
1-60     another law of this state is exempt from the requirements of this
1-61     chapter.
1-62           (b)  The facility may not employ an applicant covered by
1-63     Subsection (a), except that in an emergency requiring immediate
1-64     employment, a facility may hire on a temporary or interim basis a
 2-1     person not listed in the registry pending the results of a criminal
 2-2     conviction check, which must be requested within 72 hours of
 2-3     employment.  [The request shall be mailed, sent by telephonic
 2-4     facsimile machine, sent by electronic means, or otherwise forwarded
 2-5     to the facility's regulatory agency by the facility or a private
 2-6     agency working with the facility, or to the Department of Public
 2-7     Safety of the State of Texas by a private agency working with the
 2-8     facility.]
 2-9           (c)  A facility shall immediately discharge any employee [in
2-10     a position the duties of which involve direct contact with a
2-11     consumer in the facility] who is designated in the nurse aide
2-12     registry or the employee misconduct registry as having committed an
2-13     act of abuse, neglect, or mistreatment of a consumer of a facility,
2-14     or misappropriation of a consumer's property, or whose criminal
2-15     history check reveals conviction of a crime that bars employment or
2-16     that the facility determines is a contraindication to employment as
2-17     provided by this chapter.
2-18           SECTION 3.  Subsection (a), Section 250.004, Health and
2-19     Safety Code, is amended to read as follows:
2-20           (a)  Identifying information of an employee [in direct
2-21     contact with a consumer] in a covered facility shall be submitted
2-22     electronically, on disk, or on a typewritten form to the Department
2-23     of Public Safety to obtain the person's criminal conviction record
2-24     when the person applies for employment and at other times as the
2-25     facility may determine appropriate.  In this subsection,
2-26     "identifying information" includes:
2-27                 (1)  the complete name, race, and sex of the employee;
2-28                 (2)  any known identifying number of the employee,
2-29     including social security number, driver's license number, or state
2-30     identification number; and
2-31                 (3)  the employee's date of birth.
2-32           SECTION 4.  Section 250.006, Health and Safety Code, is
2-33     amended to read as follows:
2-34           Sec. 250.006.  CONVICTIONS BARRING EMPLOYMENT.  A person for
2-35     whom the facility is entitled to obtain criminal history record
2-36     information may not be employed in a facility if the person has
2-37     been convicted of an offense listed in this section [may not be
2-38     employed in a position the duties of which involve direct contact
2-39     with a consumer in a facility]:
2-40                 (1)  an offense under Chapter 19, Penal Code (criminal
2-41     homicide);
2-42                 (2)  an offense under Chapter 20, Penal Code
2-43     (kidnapping and false imprisonment);
2-44                 (3)  an offense under Section 21.11, Penal Code
2-45     (indecency with a child);
2-46                 (4)  an offense under Section 22.011, Penal Code
2-47     (sexual assault);
2-48                 (5)  an offense under Section 22.02, Penal Code
2-49     (aggravated assault);
2-50                 (6)  an offense under Section 22.04, Penal Code (injury
2-51     to a child, elderly individual, or disabled individual);
2-52                 (7)  an offense under Section 22.041, Penal Code
2-53     (abandoning or endangering child);
2-54                 (8)  an offense under Section 22.08, Penal Code (aiding
2-55     suicide);
2-56                 (9)  an offense under Section 25.031, Penal Code
2-57     (agreement to abduct from custody);
2-58                 (10)  an offense under Section 25.08, Penal Code (sale
2-59     or purchase of a child);
2-60                 (11)  an offense under Section 28.02, Penal Code
2-61     (arson);
2-62                 (12)  an offense under Section 29.02, Penal Code
2-63     (robbery); [or]
2-64                 (13)  an offense under Section 29.03, Penal Code
2-65     (aggravated robbery); or
2-66                 (14)  a conviction under the laws of another state,
2-67     federal law, or the Uniform Code of Military Justice for an offense
2-68     containing elements that are substantially similar to the elements
2-69     of an offense listed under Subdivisions (1)-(13).
 3-1           SECTION 5.  This Act takes effect immediately if it receives
 3-2     a vote of two-thirds of all the members elected to each house, as
 3-3     provided by Section 39, Article III, Texas Constitution.  If this
 3-4     Act does not receive the vote necessary for immediate effect, this
 3-5     Act takes effect September 1, 2001.
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