BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2191

81R10762 SJM-D                                                                                     By: Veasey et al. (Nelson)

                                                                                                                  Health & Human Services

                                                                                                                                              5/8/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

This bill is intended to ensure the safety of individuals receiving care from facilities serving the elderly and persons with disabilities.

 

Specifically, H.B. 2191 prohibits employees of a facility from having direct contact with a consumer until the facility obtains the employee's criminal history information and verifies his/her employability.

 

H.B. 2191 amends current law relating to prohibiting contact between an employee of a facility that serves the elderly or disabled persons, whose criminal history has not been verified, and a patient or resident of the facility.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 250.003, Health and Safety Code, by adding Subsection (a-1), to require a facility that serves the elderly or disabled persons, if the facility employs a person pending a criminal history check, to ensure that the person has no direct contact with a consumer until the facility obtains the person's criminal history record information and verifies the person's employability under Section 250.006 (Convictions Barring Employment).

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2009.