Texas 2025 - 89th Regular

Texas House Bill HB3560 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R21744 EAS-F
2	1		By: Pierson H.B. No. 3560
3		-	Substitute the following for H.B. No. 3560:
4		-	By: VanDeaver C.S.H.B. No. 3560
5	2
6	3
7	4
8	5
9	6		A BILL TO BE ENTITLED
10	7		AN ACT
11		-	relating to the licensing of mental hospitals and mental health
12		-	facilities and the definition of facility for the purposes of the
13		-	employee misconduct registry.
	8	+	relating to criminal background check requirements for staff at
	9	+	certain licensed hospitals.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Section 253.001(4), Health and Safety Code, as
16		-	amended by Chapters 674 (H.B. 1009) and 887 (H.B. 4696), Acts of the
17		-	88th Legislature, Regular Session, 2023, is reenacted and amended
18		-	to read as follows:
	12	+	amended by Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 9,
	13	+	is amended to read as follows:
19	14		(4) "Facility" means:
20		-	(A) a nursing facility licensed by the
21		-	commission under Chapter 242;
	15	+	(A) a facility:
	16	+	(i) licensed by the department;
	17	+	(ii) licensed under Chapter 252; [or]
	18	+	(iii) licensed under Chapter 555; or
	19	+	(iv) licensed as a hospital under Chapter 577;
	20	+	(B) an adult foster care provider that contracts with
	21	+	the department;
	22	+	(C) a home and community support services agency
	23	+	licensed by the department under Chapter 142; or
	24	+	(D) a prescribed pediatric extended care center
	25	+	licensed under Chapter 248A.
	26	+	SECTION 2. Section 253.001(4), Health and Safety Code, as
	27	+	amended by Acts 2023, 88th Leg., R.S., Ch. 674 (H.B. 1009), Sec. 4,
	28	+	is amended to read as follows:
	29	+	(4) "Facility" means:
	30	+	(A) a nursing facility licensed by the commission
	31	+	under Chapter 242;
22	32		(B) an intermediate care facility for
23	33		individuals with an intellectual disability licensed by the
24	34		commission under Chapter 252;
25	35		(C) an adult foster care provider that contracts
26	36		with the commission;
27	37		(D) a home and community support services agency
28	38		licensed by the commission under Chapter 142;
29	39		(E) a prescribed pediatric extended care center
30	40		licensed by the commission under Chapter 248A;
31	41		(F) an assisted living facility licensed by the
32	42		commission under Chapter 247;
33		-	(F-1) a facility licensed under ~~Chapter 555;~~
34		-	~~(F-2) a facility licensed under~~ Chapter 577;
	43	+	(F-1) a facility licensed as a hospital under
	44	+	Chapter 577;
35	45		(G) a day activity and health services facility
36	46		licensed by the commission under Chapter 103, Human Resources Code;
37	47		(H) a residential child-care facility as defined
38	48		by Section 42.002, Human Resources Code, at which an elderly person
39	49		or an adult with a disability resides or is in the facility's care;
40	50		(I) a provider who provides home and
41	51		community-based services under the home and community-based
42	52		services (HCS) waiver program or the Texas home living (TxHmL)
43	53		waiver program; or
44	54		(J) a facility that is exempt from licensure
45	55		under Section 252.003.
46		-	SECTION 2. Section 577.004(d), Health and Safety Code, is
	56	+	SECTION 3. Section 577.004(d), Health and Safety Code, is
47	57		amended to read as follows:
48	58		(d) The application must contain:
49	59		(1) the name and location of the mental hospital or
50	60		mental health facility;
51	61		(2) the name and address of the physician to be in
52	62		charge of the hospital care and treatment of the patients;
	63	+	(2-a) the name and address of the person to be
	64	+	responsible for the daily operations of the facility;
53	65		(3) the names and addresses of the mental hospital
54	66		owners, including the officers, directors, and principal
55	67		stockholders if the owner is a corporation or other association, or
56	68		the names and addresses of the members of the board of trustees of
57	69		the community center or the directors of the entity designated by
58	70		the department to provide mental health services;
59	71		(4) the bed capacity to be authorized by the license;
60	72		(5) the number, duties, and qualifications of the
61	73		professional staff;
62	74		(6) a description of the equipment and facilities of
63		-	the mental hospital or mental health facility; [and]
64		-	(7) the name and address of the person responsible for
65		-	the daily operations of the mental hospital or mental health
66		-	facility; and
67		-	(8) other information required by the department,
	75	+	the mental hospital or mental health facility; and
	76	+	(7) other information required by the department,
68	77		including affirmative evidence of ability to comply with the
69	78		department's rules and standards.
70		-	SECTION 3. This Act takes effect September 1, 2025.
	79	+	SECTION 4. This Act takes effect immediately if it receives
	80	+	a vote of two-thirds of all members elected to each house, as
	81	+	provided by Section 39, Article III, Texas Constitution. If this
	82	+	Act does not receive the vote necessary for immediate effect, this
	83	+	Act takes effect September 1, 2025.