By: Veasey, et al. (Senate Sponsor - Nelson) H.B. No. 2191
(In the Senate - Received from the House May 5, 2009;
May 6, 2009, read first time and referred to Committee on Health
and Human Services; May 13, 2009, reported favorably by the
following vote: Yeas 9, Nays 0; May 13, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting contact between an employee of a facility
that serves the elderly or disabled persons, whose criminal history
has not been verified, and a patient or resident of the facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 250.003, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) If a facility employs a person pending a criminal
history check, the facility shall ensure that the person has no
direct contact with a consumer until the facility obtains the
person's criminal history record information and verifies the
person's employability under Section 250.006.
SECTION 2. The change in law made by this Act applies only
to the initial employment of a person by a facility regulated by
Chapter 250, Health and Safety Code, on or after the effective date
of this Act. The employment of a person by a facility regulated by
Chapter 250, Health and Safety Code, before the effective date of
this Act is governed by the law in effect at the time the facility
hired the employee, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.
* * * * *