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.