81R3435 JSC-D
By: Anchia, Moody H.B. No. 3737
A BILL TO BE ENTITLED
AN ACT
relating to criminal history checks for employees of, and
applicants for employment at, special care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 250, Health and Safety
Code, is amended to read as follows:
CHAPTER 250. NURSE AIDE REGISTRY AND CRIMINAL HISTORY CHECKS OF
EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES
SERVING THE ELDERLY, [OR] PERSONS WITH DISABILITIES, OR PERSONS
WITH TERMINAL ILLNESSES
SECTION 2. Section 250.001(3), Health and Safety Code, is
amended to read as follows:
(3) "Facility" means:
(A) a nursing home, custodial care home, or other
institution licensed by the [Texas] Department of Aging and
Disability [Human] Services under Chapter 242;
(B) an assisted living facility licensed by the
[Texas] Department of Aging and Disability [Human] Services under
Chapter 247;
(C) a home and community support services agency
licensed under Chapter 142;
(D) an adult day care facility licensed by the
[Texas] Department of Aging and Disability [Human] Services under
Chapter 103, Human Resources Code;
(E) a facility for persons with mental
retardation licensed under Chapter 252;
(F) an adult foster care provider that contracts
with the [Texas] Department of Aging and Disability [Human]
Services;
(G) a facility that provides mental health
services and that is operated by or contracts with the [Texas]
Department of State [Mental] Health Services [and Mental
Retardation];
(H) a local mental health or mental retardation
authority designated under Section 533.035; [or]
(I) a person exempt from licensing under Section
142.003(a)(19); or
(J) a special care facility licensed by the
Department of State Health Services under Chapter 248.
SECTION 3. This Act takes effect September 1, 2009.