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79R8564 UM-D

By:  Dunnam                                                       H.B. No. 3348



A BILL TO BE ENTITLED

AN ACT

relating to admitting certain residents to nursing homes or related 
institutions.
	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 242.054 to read as follows:
	Sec. 242.054.  RESTRICTION ON ADMITTING REGISTERED SEX 
OFFENDERS.  (a)  Before an institution admits a potential resident 
to the institution, the institution shall determine whether the 
person is required to register under Chapter 62, Code of Criminal 
Procedure, by using the Internet website maintained by the 
Department of Public Safety that contains the sex offender 
database.
	(b)  An institution may not admit a potential resident who is 
required to register as a sex offender under Chapter 62, Code of 
Criminal Procedure, unless the institution meets the requirements 
established by the executive commissioner of the Health and Human 
Services Commission under Subsection (c).
	(c)  The executive commissioner shall adopt rules governing 
institutions that may admit a resident who is a person required to 
register as a sex offender under Chapter 62, Code of Criminal 
Procedure.  The rules must require an institution to provide a 
separate and secure facility for those residents.
	(d)  The Health and Human Services Commission shall 
establish an institution that meets the requirements of Subsection 
(c) for the purpose of admitting residents that are required to 
register as sex offenders under Chapter 62, Code of Criminal 
Procedure.
	SECTION 2.  This Act takes effect September 1, 2005.