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


Senate Research CenterS.B. 923
By: Zaffirini
Health & Human Services
4/25/2003
Committee Report (Amended)


DIGEST 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, institution, or agency. 

SECTION BY SECTION 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), 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, 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 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 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.

LIST OF COMMITTEE AMENDMENTS

Committee Amendment No. 1:

On page 1, line 19, between "Chapter 242" and "," insert "or Chapter 247".

On page 2, line 4, between "Chapter 242" and "," insert "or Chapter 247".

On page 2, line 10, between "Chapter 242" and "is" insert "or Chapter 247".

On page 2, line 12, between "Chapter 242" and "if" insert "or Chapter 247".