Bill Text: TX HB2392 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to applicants for employment at assisted living facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB2392 Detail]
Download: Texas-2019-HB2392-Comm_Sub.html
86R23222 SRA-D | |||
By: Klick | H.B. No. 2392 | ||
Substitute the following for H.B. No. 2392: | |||
By: Frank | C.S.H.B. No. 2392 |
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relating to applicants for employment at assisted living | ||
facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 247, Health and Safety | ||
Code, is amended by adding Section 247.072 to read as follows: | ||
Sec. 247.072. APPLICANTS FOR EMPLOYMENT; CRIMINAL HISTORY | ||
CHECK. (a) In addition to the prohibitions provided by Section | ||
250.003, an assisted living facility licensed under this chapter | ||
may not employ at the facility an applicant who fails to indicate in | ||
a written statement developed by the commission and included with | ||
the submitted application that the applicant has not been convicted | ||
of an offense described by Section 250.006. For purposes of this | ||
subsection, a person who commits an offense in another state that is | ||
substantially similar to an offense described by Section 250.006 is | ||
considered to have committed the offense described by that section. | ||
(b) If an applicant for employment at an assisted living | ||
facility states in the application that the applicant resided in | ||
another state during the five years preceding the date of the | ||
application, the facility shall, before employing the applicant in | ||
a permanent position, conduct a name-based criminal history check | ||
in each state in which the applicant previously resided. | ||
(c) The commission shall develop the statement described by | ||
Subsection (a) and make the statement available to assisted living | ||
facilities on the commission's Internet website. | ||
(d) If an assisted living facility employs a person pending | ||
an out-of-state criminal history check under Subsection (b), the | ||
facility shall ensure that the person has no direct contact with a | ||
resident until the facility obtains the person's criminal history | ||
record information and verifies the person is not barred from | ||
employment under Section 250.006. | ||
SECTION 2. Section 247.072, Health and Safety Code, as | ||
added by this Act, applies only to an application for employment at | ||
an assisted living facility submitted on or after the effective | ||
date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |