Texas 2023 - 88th Regular

Texas House Bill HB3872 Compare Versions

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1	1	88R14178 JG-D
2	2	By: Thierry H.B. No. 3872
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to hiring and employment requirements for persons in
8	8	direct contact with children at certain facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 9, Health and Safety Code, is amended by
11	11	adding Subtitle D to read as follows:
12	12	SUBTITLE D. CHILD SAFETY
13	13	CHAPTER 810. EMPLOYMENT REQUIREMENTS FOR CERTAIN FACILITIES TO
14	14	PREVENT PHYSICAL OR SEXUAL ABUSE OF CHILDREN
15	15	Sec. 810.001. DEFINITIONS. In this chapter:
16	16	(1) "Commission" means the Health and Human Services
17	17	Commission.
18	18	(2) "Department" means the Texas Juvenile Justice
19	19	Department.
20	20	(3) "Facility" means:
21	21	(A) a residential treatment facility or group
22	22	home licensed or otherwise regulated by the commission;
23	23	(B) a juvenile detention facility regulated by
24	24	the department; or
25	25	(C) a shelter operated by or under the authority
26	26	of a county or municipality that provides temporary living
27	27	accommodations for individuals who are homeless.
28	28	Sec. 810.002. APPLICABILITY. This chapter applies only to
29	29	the following governmental entities:
30	30	(1) the commission;
31	31	(2) the department;
32	32	(3) a county; and
33	33	(4) a municipality.
34	34	Sec. 810.003. REQUIRED CRIMINAL HISTORY RECORD INFORMATION
35	35	REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to
36	36	which this chapter applies shall ensure that each facility the
37	37	entity regulates or operates reviews state and federal criminal
38	38	history record information and conducts an employment verification
39	39	for each person:
40	40	(1) who is:
41	41	(A) an applicant for employment with the
42	42	facility;
43	43	(B) an employee of the facility;
44	44	(C) a volunteer with the facility;
45	45	(D) an applicant for a volunteer position with
46	46	the facility;
47	47	(E) an applicant for an independent contractor
48	48	position with the facility; or
49	49	(F) an independent contractor of the facility;
50	50	and
51	51	(2) who may be placed in direct contact with a child
52	52	receiving services at the facility.
53	53	(b) For purposes of Subsection (a)(2), a person may be
54	54	placed in direct contact with a child if the person's position might
55	55	potentially require the person to:
56	56	(1) provide care, supervision, or guidance to a child;
57	57	(2) exercise any form of control over a child; or
58	58	(3) have routine interactions with a child.
59	59	(c) In conducting an employment verification under
60	60	Subsection (a), the facility must at a minimum contact the previous
61	61	employers listed in the submitted application materials for each
62	62	applicant.
63	63	(d) Each facility shall obtain electronic updates from the
64	64	Department of Public Safety of arrests and convictions for each
65	65	person:
66	66	(1) described by Subsection (a)(1)(B), (C), or (F);
67	67	and
68	68	(2) who continues as an employee, volunteer, or
69	69	independent contractor or who otherwise continues to have direct
70	70	contact with a child at the facility.
71	71	Sec. 810.004. EFFECT OF CERTAIN CRIMINAL CONVICTIONS OR
72	72	CHILD ABUSE ALLEGATIONS. (a) A facility may not offer a person an
73	73	employment, volunteer, or independent contractor position and must
74	74	terminate the person's position if, based on a criminal history
75	75	record information review or an employment verification of that
76	76	person, the facility discovers the person:
77	77	(1) engaged in physical or sexual abuse of a child
78	78	constituting an offense under Section 21.02, 22.011, 22.021, or
79	79	25.02, Penal Code; or
80	80	(2) was terminated from a previous position based on
81	81	allegations of having engaged in conduct described by Subdivision
82	82	(1).
83	83	(b) A separation agreement for a facility employee,
84	84	volunteer, or independent contractor may not include a provision
85	85	that prohibits disclosure to a prospective employer of an
86	86	allegation of conduct constituting an offense under Section 21.02,
87	87	22.011, 22.021, or 25.02, Penal Code.
88	88	Sec. 810.005. TRAINING REQUIREMENTS. A facility must
89	89	provide training to each employee, volunteer, or independent
90	90	contractor who may be placed in direct contact with a child. The
91	91	training must include:
92	92	(1) recognition of the signs of physical and sexual
93	93	abuse and reporting requirements for suspected physical and sexual
94	94	abuse;
95	95	(2) the facility's policies related to reporting of
96	96	physical and sexual abuse; and
97	97	(3) methods for maintaining professional and
98	98	appropriate relationships with children.
99	99	SECTION 2. Section 810.004(b), Health and Safety Code, as
100	100	added by this Act, applies only to an agreement entered into on or
101	101	after the effective date of this Act.
102	102	SECTION 3. This Act takes effect September 1, 2023.