Bill Text: TX SB271 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to applicants for employment at assisted living facilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-06-07 - Effective on 9/1/21 [SB271 Detail]
Download: Texas-2021-SB271-Enrolled.html
| S.B. No. 271 | ||
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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, before employing the applicant in a | ||
| permanent position, shall 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 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, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 271 passed the Senate on | ||
| April 9, 2021, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 271 passed the House on | ||
| May 23, 2021, by the following vote: Yeas 143, Nays 2, two present | ||
| not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
