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A BILL TO BE ENTITLED
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AN ACT
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relating to hiring and employment requirements for persons in |
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direct contact with children at certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 9, Health and Safety Code, is |
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amended by adding Chapter 811 to read as follows: |
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CHAPTER 811. EMPLOYMENT REQUIREMENTS FOR CERTAIN FACILITIES TO |
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PREVENT PHYSICAL OR SEXUAL ABUSE OF CHILDREN |
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Sec. 811.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Department" means the Texas Juvenile Justice |
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Department. |
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(3) "Facility" means: |
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(A) a residential treatment facility or group |
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home licensed or otherwise regulated by the commission; |
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(B) a juvenile detention facility regulated by |
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the department; or |
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(C) a shelter operated by or under the authority |
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of a county or municipality that provides temporary living |
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accommodations for individuals who are homeless. |
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Sec. 811.002. APPLICABILITY. This chapter applies only to |
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the following governmental entities: |
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(1) the commission; |
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(2) the department; |
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(3) a county; and |
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(4) a municipality. |
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Sec. 811.003. REQUIRED CRIMINAL HISTORY RECORD INFORMATION |
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REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to |
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which this chapter applies shall ensure each facility the entity |
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regulates or operates reviews state criminal history record |
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information and conducts an employment verification for each |
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person: |
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(1) who is: |
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(A) an applicant selected for employment with the |
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facility; |
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(B) an employee of the facility; |
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(C) an applicant selected for a volunteer |
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position with the facility; |
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(D) a volunteer with the facility; |
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(E) an applicant selected for an independent |
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contractor position with the facility; or |
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(F) an independent contractor of the facility; |
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and |
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(2) who may be placed in direct contact with a child |
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receiving services at the facility. |
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(b) For purposes of Subsection (a)(2), a person may be |
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placed in direct contact with a child if the person's position |
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potentially requires the person to: |
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(1) provide care, supervision, or guidance to a child; |
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(2) exercise any form of control over a child; or |
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(3) routinely interact with a child. |
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(c) In conducting an employment verification under |
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Subsection (a), the facility must, to the extent possible, contact |
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the previous employers listed in the submitted application |
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materials for each applicant. |
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(d) Each facility shall obtain electronic updates from the |
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Department of Public Safety of arrests and convictions for each |
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person: |
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(1) described by Subsection (a)(1)(B), (D), or (F); |
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and |
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(2) who continues as an employee, volunteer, or |
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independent contractor or who otherwise continues to be placed in |
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direct contact with a child at the facility. |
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(e) A facility that submits a name for a background and |
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criminal history check in accordance with Section 42.056, Human |
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Resources Code, and rules adopted under that section for each |
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person described by Subsection (a) is considered to be in |
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compliance with the requirements of this section. |
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(f) The executive commissioner of the commission may adopt |
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rules as necessary to implement this section, including rules on |
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existing employment verification procedures for residential |
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treatment facilities that satisfy the requirements of this section. |
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Sec. 811.004. EFFECT OF CERTAIN CRIMINAL CONVICTIONS. (a) |
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A facility may not offer a person an employment, volunteer, or |
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independent contractor position and must terminate the person's |
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position if, based on a criminal history record information review, |
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an employment verification, or a background and criminal history |
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check conducted in accordance with Section 42.056, Human Resources |
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Code, of that person, the facility discovers the person engaged in |
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physical or sexual abuse of a child constituting an offense under |
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Section 21.02, 22.011, 22.021, or 25.02, Penal Code. |
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(b) A separation agreement for a facility employee, |
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volunteer, or independent contractor may not include a provision |
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that prohibits disclosure to a prospective employer of conduct |
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constituting an offense under Section 21.02, 22.011, 22.021, or |
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25.02, Penal Code. |
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Sec. 811.005. TRAINING REQUIREMENTS. A facility must |
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provide training to each employee, volunteer, or independent |
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contractor who may be placed in direct contact with a child. The |
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training must include: |
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(1) recognition of the signs of physical and sexual |
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abuse and reporting requirements for suspected physical and sexual |
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abuse; |
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(2) the facility's policies related to reporting of |
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physical and sexual abuse; and |
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(3) methods for maintaining professional and |
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appropriate relationships with children. |
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SECTION 2. Section 811.004(b), Health and Safety Code, as |
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added by this Act, applies only to an agreement entered into on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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