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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal background check requirements for staff at |
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certain licensed hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 253.001(4), Health and Safety Code, as |
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amended by Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 9, |
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is amended to read as follows: |
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(4) "Facility" means: |
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(A) a facility: |
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(i) licensed by the department; |
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(ii) licensed under Chapter 252; [or] |
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(iii) licensed under Chapter 555; or |
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(iv) licensed as a hospital under Chapter 577; |
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(B) an adult foster care provider that contracts with |
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the department; |
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(C) a home and community support services agency |
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licensed by the department under Chapter 142; or |
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(D) a prescribed pediatric extended care center |
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licensed under Chapter 248A. |
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SECTION 2. Section 253.001(4), Health and Safety Code, as |
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amended by Acts 2023, 88th Leg., R.S., Ch. 674 (H.B. 1009), Sec. 4, |
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is amended to read as follows: |
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(4) "Facility" means: |
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(A) a nursing facility licensed by the commission |
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under Chapter 242; |
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(B) an intermediate care facility for |
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individuals with an intellectual disability licensed by the |
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commission under Chapter 252; |
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(C) an adult foster care provider that contracts |
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with the commission; |
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(D) a home and community support services agency |
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licensed by the commission under Chapter 142; |
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(E) a prescribed pediatric extended care center |
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licensed by the commission under Chapter 248A; |
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(F) an assisted living facility licensed by the |
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commission under Chapter 247; |
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(F-1) a facility licensed as a hospital under |
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Chapter 577; |
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(G) a day activity and health services facility |
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licensed by the commission under Chapter 103, Human Resources Code; |
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(H) a residential child-care facility as defined |
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by Section 42.002, Human Resources Code, at which an elderly person |
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or an adult with a disability resides or is in the facility's care; |
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(I) a provider who provides home and |
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community-based services under the home and community-based |
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services (HCS) waiver program or the Texas home living (TxHmL) |
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waiver program; or |
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(J) a facility that is exempt from licensure |
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under Section 252.003. |
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SECTION 3. Section 577.004(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The application must contain: |
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(1) the name and location of the mental hospital or |
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mental health facility; |
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(2) the name and address of the physician to be in |
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charge of the hospital care and treatment of the patients; |
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(2-a) the name and address of the person to be |
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responsible for the daily operations of the facility; |
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(3) the names and addresses of the mental hospital |
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owners, including the officers, directors, and principal |
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stockholders if the owner is a corporation or other association, or |
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the names and addresses of the members of the board of trustees of |
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the community center or the directors of the entity designated by |
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the department to provide mental health services; |
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(4) the bed capacity to be authorized by the license; |
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(5) the number, duties, and qualifications of the |
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professional staff; |
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(6) a description of the equipment and facilities of |
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the mental hospital or mental health facility; and |
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(7) other information required by the department, |
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including affirmative evidence of ability to comply with the |
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department's rules and standards. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |