H.B. No. 3737
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3737 was passed by the House on May 6,
2009, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3737 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3737 on May 31, 2009, by the following vote: Yeas 142,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3737 was passed by the Senate, with
amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3737 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor