Texas 2025 - 89th Regular

Texas House Bill HB3153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13914 MPF-D
2	2	By: Kerwin H.B. No. 3153
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to hiring and employment requirements for persons in
10	10	direct contact with children at certain facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle D, Title 9, Health and Safety Code, is
13	13	amended by adding Chapter 811 to read as follows:
14	14	CHAPTER 811. EMPLOYMENT REQUIREMENTS FOR CERTAIN FACILITIES TO
15	15	PREVENT PHYSICAL OR SEXUAL ABUSE OF CHILDREN
16	16	Sec. 811.001. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Health and Human Services
18	18	Commission.
19	19	(2) "Department" means the Texas Juvenile Justice
20	20	Department.
21	21	(3) "Facility" means:
22	22	(A) a residential treatment facility or group
23	23	home licensed or otherwise regulated by the commission;
24	24	(B) a juvenile detention facility regulated by
25	25	the department; or
26	26	(C) a shelter operated by or under the authority
27	27	of a county or municipality that provides temporary living
28	28	accommodations for individuals who are homeless.
29	29	Sec. 811.002. APPLICABILITY. This chapter applies only to
30	30	the following governmental entities:
31	31	(1) the commission;
32	32	(2) the department;
33	33	(3) a county; and
34	34	(4) a municipality.
35	35	Sec. 811.003. REQUIRED CRIMINAL HISTORY RECORD INFORMATION
36	36	REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to
37	37	which this chapter applies shall ensure each facility the entity
38	38	regulates or operates reviews state and federal criminal history
39	39	record information and conducts an employment verification for each
40	40	person:
41	41	(1) who is:
42	42	(A) an applicant for employment with the
43	43	facility;
44	44	(B) an employee of the facility;
45	45	(C) an applicant for a volunteer position with
46	46	the facility;
47	47	(D) a volunteer with the facility;
48	48	(E) an applicant for an independent contractor
49	49	position with the facility; or
50	50	(F) an independent contractor of the facility;
51	51	and
52	52	(2) who may be placed in direct contact with a child
53	53	receiving services at the facility.
54	54	(b) For purposes of Subsection (a)(2), a person may be
55	55	placed in direct contact with a child if the person's position
56	56	potentially requires the person to:
57	57	(1) provide care, supervision, or guidance to a child;
58	58	(2) exercise any form of control over a child; or
59	59	(3) routinely interact with a child.
60	60	(c) In conducting an employment verification under
61	61	Subsection (a), the facility must at a minimum contact the previous
62	62	employers listed in the submitted application materials for each
63	63	applicant.
64	64	(d) Each facility shall obtain electronic updates from the
65	65	Department of Public Safety of arrests and convictions for each
66	66	person:
67	67	(1) described by Subsection (a)(1)(B), (D), or (F);
68	68	and
69	69	(2) who continues as an employee, volunteer, or
70	70	independent contractor or who otherwise continues to be placed in
71	71	direct contact with a child at the facility.
72	72	Sec. 811.004. EFFECT OF CERTAIN CRIMINAL CONVICTIONS OR
73	73	CHILD ABUSE ALLEGATIONS. (a) A facility may not offer a person an
74	74	employment, volunteer, or independent contractor position and must
75	75	terminate the person's position if, based on a criminal history
76	76	record information review or an employment verification of that
77	77	person, the facility discovers the person:
78	78	(1) engaged in physical or sexual abuse of a child
79	79	constituting an offense under Section 21.02, 22.011, 22.021, or
80	80	25.02, Penal Code; or
81	81	(2) was terminated from a previous position based on
82	82	allegations of engaging in conduct described by Subdivision (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. 811.005. 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 811.004(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, 2025.