SRC-JEC S.B. 923 78(R)BILL ANALYSIS


Senate Research CenterS.B. 923
By: Zaffirini
Health & Human Services
6/27/2003
Enrolled


DIGEST AND PURPOSE 

Currently, criminal background checks are required for applicants for
employment at nursing homes and assisted living facilities within 72 hours
of hire.  S.B. 923 requires the background check to be completed within 24
hours, and adds burglary as grounds for prohibition of employment. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsections (a) and (b), Section 250.003, Health and
Safety Code, as follows: 

(a)  Provides that, except for an applicant for employment at or an
employee of a facility licensed under Chapter 242 (Convalescent and
Nursing Homes and Related Institutions) or 247 (Assisted Living
Facilities), a person licensed under another law of this state is exempt
from the requirements of this chapter. 

(b)  Requires a criminal conviction check for a non-registered temporary
or interim employee hired on an emergency basis, if the facility is
licensed under Chapter 242 or 247, within 24 hours of employment. 

SECTION 2.  Amends Section 250.006, Health and Safety Code, by adding
Subsection (c), to prohibit a person for whom a facility licensed under
Chapter 242 or 247 is entitled to obtain criminal history record
information, in addition to the prohibitions on employment prescribed by
Subsections (a) and (b), from being employed in a facility licensed under
Chapter 242 or 247 if the person has been convicted of an offense under
Section 30.02 (Burglary), Penal Code, or 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 under Section 30.02, Penal Code. 

SECTION 3.  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 4.  Effective date:  upon passage or September 1, 2003.