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78R11424 DLF-F


By:  Uresti                                                       H.B. No. 1971



A BILL TO BE ENTITLED

AN ACT

relating to convictions barring employment in certain facilities 
serving the elderly or persons with disabilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 250.006, Health and Safety Code,  is 
amended to read as follows:
	Sec. 250.006.  CONVICTIONS BARRING EMPLOYMENT.  (a)  A 
person for whom the facility is entitled to obtain criminal history 
record information may not be employed in a facility if the person 
has been convicted of an offense listed in this subsection:
		(1)  an offense under Chapter 19, Penal Code (criminal 
homicide);           
		(2)  an offense under Chapter 20, Penal Code 
(kidnapping and unlawful restraint);
		(3)  an offense under Section 21.07, Penal Code (public 
lewdness);   
		(4)  an offense under Section 21.08, Penal Code 
(indecent exposure); 
		(5)  an offense under Section 21.11, Penal Code 
(indecency with a child);
		(6)  an offense under Section 21.15, Penal Code 
(improper photography or visual recording);
		(7) [(4)]  an offense under Section 22.011, Penal Code 
(sexual assault);
		(8) [(5)]  an offense under Section 22.02, Penal Code 
(aggravated assault);
		(9) [(6)]  an offense under Section 22.04, Penal Code 
(injury to a child, elderly individual, or disabled individual);
		(10) [(7)]  an offense under Section 22.041, Penal Code 
(abandoning or endangering child);
		(11) [(8)]  an offense under Section 22.08, Penal Code 
(aiding suicide);
		(12) [(9)]  an offense under Section 25.031, Penal Code 
(agreement to abduct from custody);
		(13) [(10)]  an offense under Section 25.08, Penal Code 
(sale or purchase of a child);
		(14) [(11)]  an offense under Section 28.02, Penal Code 
(arson);
		(15) [(12)]  an offense under Section 29.02, Penal Code 
(robbery);
		(16) [(13)]  an offense under Section 29.03, Penal Code 
(aggravated robbery); or
		(17) [(14)]  a conviction 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 listed under Subdivisions 
(1)-(16) [(1)-(13)].
	(b)  A person [convicted of an offense under Chapter 31, 
Penal Code, that is punishable as a felony] may not be employed in a 
position the duties of which involve direct contact with a consumer 
in a facility before the fifth anniversary of the date the person is 
convicted of:
		(1)  an offense under Section 22.01, Penal Code 
(assault), that is punishable as a Class A misdemeanor or as a 
felony;
		(2)  an offense under Section 30.02, Penal Code 
(burglary and criminal trespass);
		(3)  an offense under Chapter 31, Penal Code (theft), 
that is punishable as a felony;
		(4)  an offense under Section 32.45, Penal Code 
(misapplication of fiduciary property or property of a financial 
institution), that is punishable as a Class A misdemeanor or a 
felony; or
		(5)  an offense under Section 32.46, Penal Code 
(securing  execution of a document by deception), that is 
punishable as a Class A misdemeanor or a felony [the conviction].
	SECTION 2.  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.  This Act takes effect September 1, 2003.