| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 86R9326 SRA-D | |
| 2 | 2 | By: Klick H.B. No. 2392 | |
| 3 | - | Substitute the following for H.B. No. 2392: | |
| 4 | - | By: Frank C.S.H.B. No. 2392 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to applicants for employment at assisted living | |
| 10 | 8 | facilities. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 10 | SECTION 1. Subchapter D, Chapter 247, Health and Safety | |
| 13 | 11 | Code, is amended by adding Section 247.072 to read as follows: | |
| 14 | 12 | Sec. 247.072. APPLICANTS FOR EMPLOYMENT; CRIMINAL HISTORY | |
| 15 | 13 | CHECK. (a) In addition to the prohibitions provided by Section | |
| 16 | 14 | 250.003, an assisted living facility licensed under this chapter | |
| 17 | 15 | may not employ at the facility an applicant who fails to indicate in | |
| 18 | 16 | a written statement developed by the commission and included with | |
| 19 | 17 | the submitted application that the applicant has not been convicted | |
| 20 | 18 | of an offense described by Section 250.006. For purposes of this | |
| 21 | 19 | subsection, a person who commits an offense in another state that is | |
| 22 | 20 | substantially similar to an offense described by Section 250.006 is | |
| 23 | 21 | considered to have committed the offense described by that section. | |
| 24 | 22 | (b) If an applicant for employment at an assisted living | |
| 25 | 23 | facility states in the application that the applicant resided in | |
| 26 | 24 | another state during the five years preceding the date of the | |
| 27 | - | application, the facility shall, before employing the applicant in | |
| 28 | - | a permanent position, conduct a name-based criminal history check | |
| 29 | - | in each state in which the applicant previously resided. | |
| 25 | + | application, the facility shall conduct a criminal history check in | |
| 26 | + | each state in which the applicant previously resided. | |
| 30 | 27 | (c) The commission shall develop the statement described by | |
| 31 | 28 | Subsection (a) and make the statement available to assisted living | |
| 32 | 29 | facilities on the commission's Internet website. | |
| 33 | - | (d) If an assisted living facility employs a person pending | |
| 34 | - | an out-of-state criminal history check under Subsection (b), the | |
| 35 | - | facility shall ensure that the person has no direct contact with a | |
| 36 | - | resident until the facility obtains the person's criminal history | |
| 37 | - | record information and verifies the person is not barred from | |
| 38 | - | employment under Section 250.006. | |
| 39 | 30 | SECTION 2. Section 247.072, Health and Safety Code, as | |
| 40 | 31 | added by this Act, applies only to an application for employment at | |
| 41 | 32 | an assisted living facility submitted on or after the effective | |
| 42 | 33 | date of this Act. | |
| 43 | 34 | SECTION 3. This Act takes effect September 1, 2019. |