| 1 | 1 | | By: Dunnam H.B. No. 2498 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to admitting certain residents to nursing homes or related |
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| 7 | 7 | | institutions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 242, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 242.054 to read as follows: |
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| 11 | 11 | | Sec. 242.054. RESTRICTION ON ADMITTING REGISTERED SEX |
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| 12 | 12 | | OFFENDERS. (a) Before an institution admits a potential resident |
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| 13 | 13 | | to the institution, the institution shall determine whether the |
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| 14 | 14 | | person is required to register under Chapter 62, Code of Criminal |
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| 15 | 15 | | Procedure, by using the Internet website maintained by the |
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| 16 | 16 | | Department of Public Safety that contains the sex offender |
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| 17 | 17 | | database. |
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| 18 | 18 | | (b) An institution may not admit a potential resident who is |
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| 19 | 19 | | required to register as a sex offender under Chapter 62, Code of |
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| 20 | 20 | | Criminal Procedure, unless the institution meets the requirements |
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| 21 | 21 | | established by the executive commissioner of the Health and Human |
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| 22 | 22 | | Services Commission under Subsection (c). |
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| 23 | 23 | | (c) The executive commissioner shall adopt rules governing |
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| 24 | 24 | | institutions that may admit a resident who is a person required to |
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| 25 | 25 | | register as a sex offender under Chapter 62, Code of Criminal |
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| 26 | 26 | | Procedure. The rules must require an institution to provide a |
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| 27 | 27 | | separate and secure facility for those residents. |
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| 28 | 28 | | (d) The Health and Human Services Commission shall |
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| 29 | 29 | | establish an institution that meets the requirements of Subsection |
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| 30 | 30 | | (c) for the purpose of admitting residents that are required to |
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| 31 | 31 | | register as sex offenders under Chapter 62, Code of Criminal |
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| 32 | 32 | | Procedure. |
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| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2009. |
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