SRC-VRA H.B. 1971 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1971
78R11424 DLF-FBy: Uresti (Nelson)
Health & Human Services
5/10/2003
Engrossed


DIGEST AND PURPOSE 

Currently, persons convicted of certain offenses are barred by law from
being employed in certain facilities and homes licensed by the state.
However, persons convicted of sexual offenses other than indecency with a
child and persons convicted within the past five years of assault,
burglary, misapplication of fiduciary property, or securing execution of a
document by deception when the punishment was a Class A misdemeanor or
greater are not included in the prohibition. As a consequence, persons who
have demonstrated past behavior involving such offenses may be employed by
the very facilities in which elderly or disabled individuals reside. 

H.B. 1971 amends the Health and Safety Code to include within the
prohibition barring persons convicted of certain offenses from being
employed in certain facilities and homes licensed by the state all persons
convicted of any sexual offense and all persons convicted within the past
five years of assault, burglary, misapplication of fiduciary property, or
securing execution of a document by deception when the punishment was a
Class A misdemeanor or greater. 

RULEMAKING AUTHORITY

This bill does not expressly delegate any additional rulemaking authority
to a state officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 250.006, Health and Safety Code, as follows:

(a)  Prohibits a person for whom the facility is entitled to obtain
criminal history record information from being employed in a facility if
the person has been convicted of certain offenses listed in this
subsection. 
  
(b)  Prohibits all persons who have been convicted of certain criminal
offenses from employment in a position where the duties involve direct
contact with a consumer in a facility before the fifth anniversary of the
date the person was convicted.  Deletes existing text regarding conviction
of an offense under Chapter 31, Penal Code, that is punishable as a
felony. 

SECTION 2.  Provides that the change in law made by this Act to Section
250.006, Health and Safety Code, does not apply to a person who is
employed by a facility on the effective date of this Act for the period
during which the person is continuously employed by that facility. 

SECTION 3.  Effective date:  September 1, 2003.