| TO: | Honorable Joe Straus, Speaker of the House, House of Representatives |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB2328 by Guillen (Relating to regulating employment at or by certain facilities serving the elderly or persons with disabilities and to certain acts committed against those individuals.), As Passed 2nd House |
The bill would amend the Health and Safety Code to include obstruction or retaliation to the list of offenses for which a facility regulated under Chapter 250 may bar employment. The bill would amend the heading of Chapter 253, Health and Safety Code, to read "Certain Employee Misconduct; Registry." The bill would add solicitation of a gift from a resident or consumer of a facility to the list of reportable conducts for an employee of a facility regulated by Chapter 253, Health and Safety Code. The bill would also amend the Penal Code to allow the penalty for certain fraud offenses to be increased to that of the next higher category if it is shown at trial the offense was committed against an elderly individual as defined by Section 22.04, Penal Code (age 65 or older).
The bill would take effect on September 1, 2009.
It is assumed the provisions of the bill relating to the Health and Safety Code would not result in a significant fiscal impact. For this analysis it is also assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies. It is expected individuals who would be affected under the provisions of the bill are currently being sentenced for other, possibly lesser felony, offenses.
| Source Agencies: | 696 Department of Criminal Justice
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| LBB Staff: | JOB, SD, ESi, GG, TMP, LM
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