S.B. 923 78(R)    BILL ANALYSIS


S.B. 923
By: Zaffirini
Human Services
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, criminal background checks are required for applicants for
employment at nursing homes 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, department, institution, or agency.  

ANALYSIS

SECTION 1.  Amends Sections 250.003(a) and (b), 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 Chapter 247, 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 Chapter 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 Chapter 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 Chapter 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.  Effective date:  upon passage or September 1, 2003.

EFFECTIVE DATE

September 1, 2003.

EXPLANATION OF AMENDMENTS

Committee amendment number 1 adds a new SECTION 3 which provides that the
change in law made by this Act 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.