By:  West, Nelson                                                 S.B. No. 1073


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.  Subsection (b), Section 250.006, 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.  This Act takes effect September 1, 2003.                           


COMMITTEE AMENDMENT NO. 1
	Amend the proposed SB1073 by adding a new SECTION 2 to read as 
follows:      
	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.

Renumber the remaining SECTIONS accordingly.                                  

                                                                    Wohlgemuth