| 1 | 1 | | 86R9326 SRA-D |
|---|
| 2 | 2 | | By: Perry S.B. No. 898 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to applicants for employment at assisted living |
|---|
| 8 | 8 | | facilities. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter D, Chapter 247, Health and Safety |
|---|
| 11 | 11 | | Code, is amended by adding Section 247.072 to read as follows: |
|---|
| 12 | 12 | | Sec. 247.072. APPLICANTS FOR EMPLOYMENT; CRIMINAL HISTORY |
|---|
| 13 | 13 | | CHECK. (a) In addition to the prohibitions provided by Section |
|---|
| 14 | 14 | | 250.003, an assisted living facility licensed under this chapter |
|---|
| 15 | 15 | | may not employ at the facility an applicant who fails to indicate in |
|---|
| 16 | 16 | | a written statement developed by the commission and included with |
|---|
| 17 | 17 | | the submitted application that the applicant has not been convicted |
|---|
| 18 | 18 | | of an offense described by Section 250.006. For purposes of this |
|---|
| 19 | 19 | | subsection, a person who commits an offense in another state that is |
|---|
| 20 | 20 | | substantially similar to an offense described by Section 250.006 is |
|---|
| 21 | 21 | | considered to have committed the offense described by that section. |
|---|
| 22 | 22 | | (b) If an applicant for employment at an assisted living |
|---|
| 23 | 23 | | facility states in the application that the applicant resided in |
|---|
| 24 | 24 | | another state during the five years preceding the date of the |
|---|
| 25 | 25 | | application, the facility shall conduct a criminal history check in |
|---|
| 26 | 26 | | each state in which the applicant previously resided. |
|---|
| 27 | 27 | | (c) The commission shall develop the statement described by |
|---|
| 28 | 28 | | Subsection (a) and make the statement available to assisted living |
|---|
| 29 | 29 | | facilities on the commission's Internet website. |
|---|
| 30 | 30 | | SECTION 2. Section 247.072, Health and Safety Code, as |
|---|
| 31 | 31 | | added by this Act, applies only to an application for employment at |
|---|
| 32 | 32 | | an assisted living facility submitted on or after the effective |
|---|
| 33 | 33 | | date of this Act. |
|---|
| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|