Texas 2025 - 89th Regular

Texas House Bill HB3585 Compare Versions

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

Old	New	Differences
1	1	89R9483 EAS-F
2	2	By: Richardson H.B. No. 3585
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the employment policies of and criminal history record
10	10	information obtained by mental hospitals and mental health
11	11	facilities and the prohibited employment of certain applicants
12	12	based on criminal history record information.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 250.001(3), Health and Safety Code, is
15	15	amended to read as follows:
16	16	(3) "Facility" means:
17	17	(A) a nursing facility, custodial care home, or
18	18	other institution licensed [by the Department of Aging and
19	19	Disability Services] under Chapter 242;
20	20	(B) an assisted living facility licensed [by the
21	21	Department of Aging and Disability Services] under Chapter 247;
22	22	(C) a home and community support services agency
23	23	licensed under Chapter 142;
24	24	(D) a day activity and health services facility
25	25	licensed [by the Department of Aging and Disability Services] under
26	26	Chapter 103, Human Resources Code;
27	27	(E) an ICF-IID licensed under Chapter 252;
28	28	(F) an adult foster care provider that contracts
29	29	with the Health and Human Services Commission [Department of Aging
30	30	and Disability Services];
31	31	(G) a facility that provides mental health
32	32	services and that is operated by or contracts with the Department of
33	33	State Health Services;
34	34	(H) a local mental health authority designated
35	35	under Section 533.035 or a local intellectual and developmental
36	36	disability authority designated under Section 533.035;
37	37	(I) a person exempt from licensing under Section
38	38	142.003(a)(19) or (20);
39	39	(J) a special care facility licensed [by the
40	40	Department of State Health Services] under Chapter 248;
41	41	(K) a mental health service unit of a hospital
42	42	licensed under Chapter 241; [or]
43	43	(L) a prescribed pediatric extended care center
44	44	licensed [by the Department of Aging and Disability Services] under
45	45	Chapter 248A; or
46	46	(M) a mental hospital or mental health facility
47	47	licensed under Chapter 577.
48	48	SECTION 2. Section 250.006(b), Health and Safety Code, is
49	49	amended to read as follows:
50	50	(b) A person may not be employed in a position the duties of
51	51	which involve direct contact with a consumer in a facility or may
52	52	not be employed by an individual employer before the 10th [fifth]
53	53	anniversary of the date the person is convicted of:
54	54	(1) an offense under Section 22.01, Penal Code
55	55	(assault), that is punishable as a Class A misdemeanor or as a
56	56	felony;
57	57	(2) an offense under Section 30.02, Penal Code
58	58	(burglary);
59	59	(3) an offense under Chapter 31, Penal Code (theft),
60	60	that is punishable as a felony;
61	61	(4) an offense under Section 32.45, Penal Code
62	62	(misapplication of fiduciary property or property of financial
63	63	institution), that is punishable as a Class A misdemeanor or a
64	64	felony;
65	65	(5) an offense under Section 32.46, Penal Code
66	66	(fraudulent securing of document execution), that is punishable as
67	67	a Class A misdemeanor or a felony;
68	68	(6) an offense under Section 37.12, Penal Code (false
69	69	identification as peace officer; misrepresentation of property);
70	70	or
71	71	(7) an offense under Section 42.01(a)(7), (8), or (9),
72	72	Penal Code (disorderly conduct).
73	73	SECTION 3. Subchapter A, Chapter 577, Health and Safety
74	74	Code, is amended by adding Section 577.0102 to read as follows:
75	75	Sec. 577.0102. EMPLOYMENT POLICIES. (a) A mental hospital
76	76	or mental health facility licensed under this chapter shall prepare
77	77	a written statement describing the hospital's or facility's policy
78	78	for:
79	79	(1) drug testing employees and applicants for
80	80	employment who will have direct contact with the hospital's or
81	81	facility's patients; and
82	82	(2) criminal history record information checks on
83	83	employees and applicants for employment in accordance with
84	84	Chapter 250.
85	85	(b) The mental hospital or mental health facility shall
86	86	provide the written statement required by Subsection (a) to:
87	87	(1) each person applying for services from the
88	88	hospital or facility or, for a person who is a minor or is
89	89	incapacitated, the person's parent, guardian, or legally
90	90	authorized representative; and
91	91	(2) any person requesting the information.
92	92	SECTION 4. The changes in law made by this Act to Chapter
93	93	250, Health and Safety Code, apply only to an application for
94	94	employment submitted to a mental hospital or mental health facility
95	95	licensed under Chapter 577, Health and Safety Code, on or after the
96	96	effective date of this Act.
97	97	SECTION 5. As soon as practicable after the effective date
98	98	of this Act, each mental hospital and mental health facility
99	99	licensed under Chapter 577, Health and Safety Code, shall prepare
100	100	the written statement of employment policies required by Section
101	101	577.0102, Health Safety Code, as added by this Act.
102	102	SECTION 6. This Act takes effect September 1, 2025.