79R4770 UM-D

By:  Jones of Dallas                                              H.B. No. 1376



A BILL TO BE ENTITLED

AN ACT

relating to criminal history record checks for potential residents 
of nursing homes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 242, Health and Safety 
Code, is amended by adding Section 242.053 to read as follows:
	Sec. 242.053.  CRIMINAL HISTORY RECORD CHECKS OF POTENTIAL 
RESIDENTS.  An institution may require a potential resident to 
submit to a criminal history record check before the institution 
admits the potential resident to the institution.  An institution 
may not charge a potential resident for a criminal history record 
check.
	SECTION 2.  Subchapter F, Chapter 411, Government Code, is 
amended by adding Section 411.1406 to read as follows:
	Sec. 411.1406.  ACCESS TO CRIMINAL HISTORY RECORD 
INFORMATION: CERTAIN INSTITUTIONS. (a) An institution licensed 
under Chapter 242, Health and Safety Code, is entitled to obtain 
from the department criminal history record information maintained 
by the department that relates to a person who is a potential 
resident at the institution.
	(b)  Criminal history record information obtained by an 
institution under Subsection (a) may not be released or disclosed 
to any person except on court order or with the consent of the 
person who is the subject of the information.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.