Bill Text: TX HB3872 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to hiring and employment requirements for persons in direct contact with children at certain facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-20 - Referred to Youth Health & Safety, Select [HB3872 Detail]

Download: Texas-2023-HB3872-Introduced.html

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88R14178 JG-D
By: Thierry H.B. No. 3872

A BILL TO BE ENTITLED
AN ACT
relating to hiring and employment requirements for persons in
direct contact with children at certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 9, Health and Safety Code, is amended by
adding Subtitle D to read as follows:
SUBTITLE D. CHILD SAFETY
CHAPTER 810. EMPLOYMENT REQUIREMENTS FOR CERTAIN FACILITIES TO
PREVENT PHYSICAL OR SEXUAL ABUSE OF CHILDREN
Sec. 810.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Department" means the Texas Juvenile Justice
Department.
(3) "Facility" means:
(A) a residential treatment facility or group
home licensed or otherwise regulated by the commission;
(B) a juvenile detention facility regulated by
the department; or
(C) a shelter operated by or under the authority
of a county or municipality that provides temporary living
accommodations for individuals who are homeless.
Sec. 810.002. APPLICABILITY. This chapter applies only to
the following governmental entities:
(1) the commission;
(2) the department;
(3) a county; and
(4) a municipality.
Sec. 810.003. REQUIRED CRIMINAL HISTORY RECORD INFORMATION
REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to
which this chapter applies shall ensure that each facility the
entity regulates or operates reviews state and federal criminal
history record information and conducts an employment verification
for each person:
(1) who is:
(A) an applicant for employment with the
facility;
(B) an employee of the facility;
(C) a volunteer with the facility;
(D) an applicant for a volunteer position with
the facility;
(E) an applicant for an independent contractor
position with the facility; or
(F) an independent contractor of the facility;
and
(2) who may be placed in direct contact with a child
receiving services at the facility.
(b) For purposes of Subsection (a)(2), a person may be
placed in direct contact with a child if the person's position might
potentially require the person to:
(1) provide care, supervision, or guidance to a child;
(2) exercise any form of control over a child; or
(3) have routine interactions with a child.
(c) In conducting an employment verification under
Subsection (a), the facility must at a minimum contact the previous
employers listed in the submitted application materials for each
applicant.
(d) Each facility shall obtain electronic updates from the
Department of Public Safety of arrests and convictions for each
person:
(1) described by Subsection (a)(1)(B), (C), or (F);
and
(2) who continues as an employee, volunteer, or
independent contractor or who otherwise continues to have direct
contact with a child at the facility.
Sec. 810.004. EFFECT OF CERTAIN CRIMINAL CONVICTIONS OR
CHILD ABUSE ALLEGATIONS. (a) A facility may not offer a person an
employment, volunteer, or independent contractor position and must
terminate the person's position if, based on a criminal history
record information review or an employment verification of that
person, the facility discovers the person:
(1) engaged in physical or sexual abuse of a child
constituting an offense under Section 21.02, 22.011, 22.021, or
25.02, Penal Code; or
(2) was terminated from a previous position based on
allegations of having engaged in conduct described by Subdivision
(1).
(b) A separation agreement for a facility employee,
volunteer, or independent contractor may not include a provision
that prohibits disclosure to a prospective employer of an
allegation of conduct constituting an offense under Section 21.02,
22.011, 22.021, or 25.02, Penal Code.
Sec. 810.005. TRAINING REQUIREMENTS. A facility must
provide training to each employee, volunteer, or independent
contractor who may be placed in direct contact with a child. The
training must include:
(1) recognition of the signs of physical and sexual
abuse and reporting requirements for suspected physical and sexual
abuse;
(2) the facility's policies related to reporting of
physical and sexual abuse; and
(3) methods for maintaining professional and
appropriate relationships with children.
SECTION 2. Section 810.004(b), Health and Safety Code, as
added by this Act, applies only to an agreement entered into on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.