By:  Zaffirini                                                            S.B. No. 61



A BILL TO BE ENTITLED

AN ACT

relating to criminal history checks of employees and applicants for 
employment in nursing homes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 250.002, Health and Safety Code, is 
amended by adding Subsection (e) to read as follows:
	(e)  For each applicant for employment at or employee of a 
facility licensed under Chapter 242 whose employment duties would 
or do involve direct contact with a consumer in the facility, the 
facility or a private agency or regulatory agency on behalf of the 
facility:
		(1)  shall obtain criminal history record information 
from the Department of Public Safety of the State of Texas in 
accordance with this chapter and Subchapter F, Chapter 411, 
Government Code;
		(2)  shall obtain criminal history record information 
from the Federal Bureau of Investigation in accordance with Section 
411.087, Government Code; and
		(3)  may obtain criminal history record information 
from any court or any local, state, or national governmental agency 
if no disqualifying record or information has been obtained under 
Subdivision (1) or (2).
	SECTION 2.  Section 250.004(b), Health and Safety Code, is 
amended to read as follows:
	(b)  If a facility receives criminal history record 
information under this chapter [the Department of Public Safety 
reports] that indicates a person has a criminal conviction of any 
kind, the conviction shall be reviewed by the facility to determine 
if the conviction may bar the person from employment in a facility 
under Section 250.006 or if the conviction may be a 
contraindication to employment.
	SECTION 3.  This Act takes effect September 1, 2003.