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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information reviews of certain |
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individuals providing services to individuals with an intellectual |
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or developmental disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.02485 to read as follows: |
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Sec. 531.02485. REQUIRED REVIEW OF CRIMINAL HISTORY RECORD |
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INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS. (a) In this |
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section, "residential caregiver" means an individual who provides, |
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through a group home or other residential facility licensed by or |
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operated under the authority of the commission, including a group |
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home or facility licensed or operated under a Section 1915(c) |
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waiver program, community-based residential care services: |
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(1) to not more than four individuals with an |
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intellectual or developmental disability at any time; and |
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(2) at a residence other than the home of an individual |
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described by Subdivision (1). |
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(b) The commission shall review state and federal criminal |
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history record information and obtain electronic updates from the |
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Department of Public Safety of arrests and convictions for each |
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residential caregiver who holds a license or other operational |
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authorization issued by the commission. |
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(c) A residential caregiver who has been convicted of an |
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offense described by Section 250.006, Health and Safety Code, may |
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not provide direct care to an individual with an intellectual or |
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developmental disability. A residential caregiver who violates |
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this subsection is subject to disciplinary action by the |
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commission. |
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(d) The commission shall disenroll from participation in |
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Medicaid a residential caregiver who has been convicted of an |
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offense described by Section 250.006, Health and Safety Code. |
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(e) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. This Act takes effect September 1, 2023. |