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.