By: Uresti (Senate Sponsor - Nelson) H.B. No. 1971
(In the Senate - Received from the House April 28, 2003;
May 1, 2003, read first time and referred to Committee on Health
and Human Services; May 23, 2003, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6, Nays
0; May 23, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1971 By: West
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(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.
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