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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment policies of and criminal history record |
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information obtained by mental hospitals and mental health |
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facilities and the prohibited employment of certain applicants |
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based on criminal history record information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 250.001(3), Health and Safety Code, is |
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amended to read as follows: |
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(3) "Facility" means: |
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(A) a nursing facility, custodial care home, or |
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other institution licensed [by the Department of Aging and |
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Disability Services] under Chapter 242; |
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(B) an assisted living facility licensed [by the |
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Department of Aging and Disability Services] under Chapter 247; |
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(C) a home and community support services agency |
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licensed under Chapter 142; |
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(D) a day activity and health services facility |
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licensed [by the Department of Aging and Disability Services] under |
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Chapter 103, Human Resources Code; |
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(E) an ICF-IID licensed under Chapter 252; |
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(F) an adult foster care provider that contracts |
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with the Health and Human Services Commission [Department of Aging |
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and Disability Services]; |
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(G) a facility that provides mental health |
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services and that is operated by or contracts with the Department of |
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State Health Services; |
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(H) a local mental health authority designated |
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under Section 533.035 or a local intellectual and developmental |
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disability authority designated under Section 533.035; |
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(I) a person exempt from licensing under Section |
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142.003(a)(19) or (20); |
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(J) a special care facility licensed [by the |
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Department of State Health Services] under Chapter 248; |
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(K) a mental health service unit of a hospital |
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licensed under Chapter 241; [or] |
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(L) a prescribed pediatric extended care center |
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licensed [by the Department of Aging and Disability Services] under |
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Chapter 248A; or |
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(M) a mental hospital or mental health facility |
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licensed under Chapter 577. |
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SECTION 2. Section 250.006(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person may not be employed in a position the duties of |
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which involve direct contact with a consumer in a facility or may |
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not be employed by an individual employer before the 10th [fifth] |
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anniversary of the date the person is convicted of: |
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(1) an offense under Section 22.01, Penal Code |
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(assault), that is punishable as a Class A misdemeanor or as a |
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felony; |
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(2) an offense under Section 30.02, Penal Code |
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(burglary); |
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(3) an offense under Chapter 31, Penal Code (theft), |
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that is punishable as a felony; |
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(4) an offense under Section 32.45, Penal Code |
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(misapplication of fiduciary property or property of financial |
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institution), that is punishable as a Class A misdemeanor or a |
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felony; |
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(5) an offense under Section 32.46, Penal Code |
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(fraudulent securing of document execution), that is punishable as |
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a Class A misdemeanor or a felony; |
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(6) an offense under Section 37.12, Penal Code (false |
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identification as peace officer; misrepresentation of property); |
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or |
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(7) an offense under Section 42.01(a)(7), (8), or (9), |
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Penal Code (disorderly conduct). |
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SECTION 3. Subchapter A, Chapter 577, Health and Safety |
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Code, is amended by adding Section 577.0102 to read as follows: |
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Sec. 577.0102. EMPLOYMENT POLICIES. (a) A mental hospital |
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or mental health facility licensed under this chapter shall prepare |
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a written statement describing the hospital's or facility's policy |
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for: |
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(1) drug testing employees and applicants for |
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employment who will have direct contact with the hospital's or |
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facility's patients; and |
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(2) criminal history record information checks on |
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employees and applicants for employment in accordance with |
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Chapter 250. |
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(b) The mental hospital or mental health facility shall |
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provide the written statement required by Subsection (a) to: |
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(1) each person applying for services from the |
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hospital or facility or, for a person who is a minor or is |
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incapacitated, the person's parent, guardian, or legally |
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authorized representative; and |
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(2) any person requesting the information. |
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SECTION 4. The changes in law made by this Act to Chapter |
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250, Health and Safety Code, apply only to an application for |
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employment submitted to a mental hospital or mental health facility |
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licensed under Chapter 577, Health and Safety Code, on or after the |
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effective date of this Act. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, each mental hospital and mental health facility |
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licensed under Chapter 577, Health and Safety Code, shall prepare |
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the written statement of employment policies required by Section |
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577.0102, Health Safety Code, as added by this Act. |
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SECTION 6. This Act takes effect September 1, 2025. |