| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to applicants for employment at assisted living |
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| 6 | 8 | | facilities. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Subchapter D, Chapter 247, Health and Safety |
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| 9 | 11 | | Code, is amended by adding Section 247.072 to read as follows: |
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| 10 | 12 | | Sec. 247.072. APPLICANTS FOR EMPLOYMENT; CRIMINAL HISTORY |
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| 11 | 13 | | CHECK. (a) In addition to the prohibitions provided by Section |
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| 12 | 14 | | 250.003, an assisted living facility licensed under this chapter |
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| 13 | 15 | | may not employ at the facility an applicant who fails to indicate in |
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| 14 | 16 | | a written statement developed by the commission and included with |
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| 15 | 17 | | the submitted application that the applicant has not been convicted |
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| 16 | 18 | | of an offense described by Section 250.006. For purposes of this |
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| 17 | 19 | | subsection, a person who commits an offense in another state that is |
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| 18 | 20 | | substantially similar to an offense described by Section 250.006 is |
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| 19 | 21 | | considered to have committed the offense described by that section. |
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| 20 | 22 | | (b) If an applicant for employment at an assisted living |
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| 21 | 23 | | facility states in the application that the applicant resided in |
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| 22 | 24 | | another state during the five years preceding the date of the |
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| 23 | 25 | | application, the facility, before employing the applicant in a |
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| 24 | 26 | | permanent position, shall conduct a name-based criminal history |
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| 25 | 27 | | check in each state in which the applicant previously resided. |
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| 26 | 28 | | (c) The commission shall develop the statement described by |
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| 27 | 29 | | Subsection (a) and make the statement available to assisted living |
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| 28 | 30 | | facilities on the commission's Internet website. |
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| 29 | 31 | | (d) If an assisted living facility employs a person pending |
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| 30 | 32 | | an out-of-state criminal history check under Subsection (b), the |
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| 31 | 33 | | facility shall ensure the person has no direct contact with a |
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| 32 | 34 | | resident until the facility obtains the person's criminal history |
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| 33 | 35 | | record information and verifies the person is not barred from |
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| 34 | 36 | | employment under Section 250.006. |
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| 35 | 37 | | SECTION 2. Section 247.072, Health and Safety Code, as |
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| 36 | 38 | | added by this Act, applies only to an application for employment at |
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| 37 | 39 | | an assisted living facility submitted on or after the effective |
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| 38 | 40 | | date of this Act. |
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| 39 | 41 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 40 | | - | ______________________________ ______________________________ |
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| 41 | | - | President of the Senate Speaker of the House |
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| 42 | | - | I hereby certify that S.B. No. 271 passed the Senate on |
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| 43 | | - | April 9, 2021, by the following vote: Yeas 31, Nays 0. |
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| 44 | | - | ______________________________ |
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| 45 | | - | Secretary of the Senate |
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| 46 | | - | I hereby certify that S.B. No. 271 passed the House on |
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| 47 | | - | May 23, 2021, by the following vote: Yeas 143, Nays 2, two present |
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| 48 | | - | not voting. |
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| 49 | | - | ______________________________ |
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| 50 | | - | Chief Clerk of the House |
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| 51 | | - | Approved: |
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| 52 | | - | ______________________________ |
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| 53 | | - | Date |
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| 54 | | - | ______________________________ |
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| 55 | | - | Governor |
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