bill requiring background checks for workers around children

The text as introduced · 669 words

89R13914 MPF-D

By: Kerwin
H.B. No. 3153

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. Subtitle D, Title 9, Health and Safety Code, is

amended by adding Chapter 811 to read as follows:

CHAPTER 811. EMPLOYMENT REQUIREMENTS FOR CERTAIN FACILITIES TO

PREVENT PHYSICAL OR SEXUAL ABUSE OF CHILDREN

Sec. 811.001. 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. 811.002. APPLICABILITY. This chapter applies only to

the following governmental entities:

(1) the commission;

(2) the department;

(3) a county; and

(4) a municipality.

Sec. 811.003. REQUIRED CRIMINAL HISTORY RECORD INFORMATION

REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to

which this chapter applies shall ensure 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) an applicant for a volunteer position with

the facility;

(D) a volunteer 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

potentially requires the person to:

(1) provide care, supervision, or guidance to a child;

(2) exercise any form of control over a child; or

(3) routinely interact 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), (D), or (F);

and

(2) who continues as an employee, volunteer, or

independent contractor or who otherwise continues to be placed in

direct contact with a child at the facility.

Sec. 811.004. 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 engaging 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. 811.005. 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 811.004(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, 2025.