| � |
| � |
| � |
|
�
|
AN ACT
|
|
�
|
relating to criminal history checks for employees of, and |
|
�
|
applicants for employment at, special care facilities. |
|
�
|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
�
|
�������SECTION�1.��The heading to Chapter 250, Health and Safety |
|
�
|
Code, is amended to read as follows: |
|
�
|
CHAPTER 250. NURSE AIDE REGISTRY AND CRIMINAL HISTORY CHECKS OF |
|
�
|
EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES |
|
�
|
SERVING THE ELDERLY, [OR] PERSONS WITH DISABILITIES, OR PERSONS |
|
�
|
WITH TERMINAL ILLNESSES |
|
�
|
�������SECTION�2.��Section 250.001(3), Health and Safety Code, is |
|
�
|
amended to read as follows: |
|
�
|
�������������(3)��"Facility" means: |
|
�
|
�������������������(A)��a nursing home, custodial care home, or other |
|
�
|
institution licensed by the [Texas] Department of Aging and |
|
�
|
Disability [Human] Services under Chapter 242; |
|
�
|
�������������������(B)��an assisted living facility licensed by the |
|
�
|
[Texas] Department of Aging and Disability [Human] Services under |
|
�
|
Chapter 247; |
|
�
|
�������������������(C)��a home and community support services agency |
|
�
|
licensed under Chapter 142; |
|
�
|
�������������������(D)��an adult day care facility licensed by the |
|
�
|
[Texas] Department of Aging and Disability [Human] Services under |
|
�
|
Chapter 103, Human Resources Code; |
|
�
|
�������������������(E)��a facility for persons with mental |
|
�
|
retardation licensed under Chapter 252; |
|
�
|
�������������������(F)��an adult foster care provider that contracts |
|
�
|
with the [Texas] Department of Aging and Disability [Human] |
|
�
|
Services; |
|
�
|
�������������������(G)��a facility that provides mental health |
|
�
|
services and that is operated by or contracts with the [Texas] |
|
�
|
Department of State [Mental] Health Services [and Mental
|
|
�
|
Retardation]; |
|
�
|
�������������������(H)��a local mental health or mental retardation |
|
�
|
authority designated under Section 533.035; [or] |
|
�
|
�������������������(I)��a person exempt from licensing under Section |
|
�
|
142.003(a)(19); or |
|
�
|
�������������������(J)��a special care facility licensed by the |
|
�
|
Department of State Health Services under Chapter 248. |
|
�
|
�������SECTION�3.��This Act takes effect September 1, 2009. |
| � |
| � |
| � |
______________________________ |
______________________________ |
| � |
���President of the Senate |
Speaker of the House����� |
| � |
| � |
|
�
|
�������I certify that H.B. No. 3737 was passed by the House on May 6, |
|
�
|
2009, by the following vote:��Yeas 140, Nays 0, 2 present, not |
|
�
|
voting; that the House refused to concur in Senate amendments to |
|
�
|
H.B. No. 3737 on May 29, 2009, and requested the appointment of a |
|
�
|
conference committee to consider the differences between the two |
|
�
|
houses; and that the House adopted the conference committee report |
|
�
|
on H.B. No. 3737 on May 31, 2009, by the following vote:��Yeas 142, |
|
�
|
Nays 0, 1 present, not voting. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Chief Clerk of the House��� |
| � |
|
�
|
�������I certify that H.B. No. 3737 was passed by the Senate, with |
|
�
|
amendments, on May 25, 2009, by the following vote:��Yeas 31, Nays |
|
�
|
0; at the request of the House, the Senate appointed a conference |
|
�
|
committee to consider the differences between the two houses; and |
|
�
|
that the Senate adopted the conference committee report on H.B. No. |
|
�
|
3737 on May 31, 2009, by the following vote:��Yeas 31, Nays 0. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Secretary of the Senate��� |
|
�
|
APPROVED: __________________ |
|
�
|
����������������Date������� |
|
�
|
� |
|
�
|
�������� __________________ |
|
�
|
��������������Governor������� |