Texas House Bill HB3585

Texas 2025 - 89th Regular

• Filed: 3/3/25

Caption

Relating to the employment policies of and criminal history record information obtained by mental hospitals and mental health facilities and the prohibited employment of certain applicants based on criminal history record information.

Impact

If enacted, HB3585 will modify existing laws concerning the hiring practices of mental health facilities in Texas. The legislation mandates that mental hospitals and related facilities prepare a written statement outlining their employment policies related to drug testing and criminal history checks. The intent behind this requirement is to ensure transparency and inform patients or their guardians about the hiring standards of these institutions, thereby potentially fostering a safer environment for consumers seeking mental health services.

Summary

House Bill 3585 seeks to amend the Health and Safety Code in relation to employment policies at mental hospitals and mental health facilities. The primary aim of the bill is to regulate the employment of individuals with certain criminal histories who are applying for positions that involve direct contact with consumers in these facilities. Notably, it prohibits the employment of individuals who have certain felony convictions until ten years have passed since their conviction. This measure is designed to enhance consumer safety and ensure that those employed in sensitive positions do not have a history that could jeopardize the well-being of vulnerable individuals in these facilities.

Contention

The proposed bill has the potential for contention as it raises questions about the balance between rehabilitation and employment opportunities for individuals with criminal records. Advocates for people with criminal histories may argue that such stringent hiring practices could perpetuate discrimination against those who have served their sentences and are trying to reintegrate into society. There may also be concerns regarding whether the ten-year waiting period may be excessive for certain offenses, especially for applicants who demonstrate positive rehabilitation efforts and an ability to perform their duties safely and effectively.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 250. Nurse Aide Registry And Criminal History Checks Of Employees And Applicants For Employment In Certain Facilities Serving The Elderly, Persons With Disabilities, Or Persons With Terminal Illnesses
  • Section: New Section

• Chapter 577. Private Mental Hospitals And Other Mental Health Facilities
  • Section: New Section