H.B. No. 1971




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(b), Health and Safety Code, is amended to read as follows: (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); (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. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1971 was passed by the House on April 25, 2003, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 1971 on May 30, 2003, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 1971 was passed by the Senate, with amendments, on May 28, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor