bill requiring background checks at private mental hospitals

The text as introduced · 744 words

89R9483 EAS-F

By: Richardson
H.B. No. 3585

A BILL TO BE ENTITLED

AN ACT

relating to the employment policies of and criminal history record

information obtained by mental hospitals and mental health

facilities and the prohibited employment of certain applicants

based on criminal history record information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 250.001(3), Health and Safety Code, is

amended to read as follows:

(3) "Facility" means:

(A) a nursing facility, custodial care home, or

other institution licensed [ by the Department of Aging and

Disability Services ] under Chapter 242;

(B) an assisted living facility licensed [ by the

Department of Aging and Disability Services ] under Chapter 247;

(C) a home and community support services agency

licensed under Chapter 142;

(D) a day activity and health services facility

licensed [ by the Department of Aging and Disability Services ] under

Chapter 103, Human Resources Code;

(E) an ICF-IID licensed under Chapter 252;

(F) an adult foster care provider that contracts

with the Health and Human Services Commission [ Department of Aging

and Disability Services ];

(G) a facility that provides mental health

services and that is operated by or contracts with the Department of

State Health Services;

(H) a local mental health authority designated

under Section 533.035 or a local intellectual and developmental

disability authority designated under Section 533.035;

(I) a person exempt from licensing under Section

142.003(a)(19) or (20);

(J) a special care facility licensed [ by the

Department of State Health Services ] under Chapter 248;

(K) a mental health service unit of a hospital

licensed under Chapter 241; [ or ]

(L) a prescribed pediatric extended care center

licensed [ by the Department of Aging and Disability Services ] under

Chapter 248A ; or

(M) a mental hospital or mental health facility

licensed under Chapter 577 .

SECTION 2. Section 250.006(b), Health and Safety Code, is

amended to read as follows:

(b) A person may not be employed in a position the duties of

which involve direct contact with a consumer in a facility or may

not be employed by an individual employer before the 10th [ fifth ]

anniversary of the date the person is convicted of:

(1) an offense under Section 22.01, Penal Code

(assault), that is punishable as a Class A misdemeanor or as a

felony;

(2) an offense under Section 30.02, Penal Code

(burglary);

(3) an offense under Chapter 31, Penal Code (theft),

that is punishable as a felony;

(4) an offense under Section 32.45, Penal Code

(misapplication of fiduciary property or property of financial

institution), that is punishable as a Class A misdemeanor or a

felony;

(5) an offense under Section 32.46, Penal Code

(fraudulent securing of document execution), that is punishable as

a Class A misdemeanor or a felony;

(6) an offense under Section 37.12, Penal Code (false

identification as peace officer; misrepresentation of property);

or

(7) an offense under Section 42.01(a)(7), (8), or (9),

Penal Code (disorderly conduct).

SECTION 3. Subchapter A, Chapter 577, Health and Safety

Code, is amended by adding Section 577.0102 to read as follows:

Sec. 577.0102. EMPLOYMENT POLICIES. (a) A mental hospital

or mental health facility licensed under this chapter shall prepare

a written statement describing the hospital's or facility's policy

for:

(1) drug testing employees and applicants for

employment who will have direct contact with the hospital's or

facility's patients; and

(2) criminal history record information checks on

employees and applicants for employment in accordance with

Chapter 250.

(b) The mental hospital or mental health facility shall

provide the written statement required by Subsection (a) to:

(1) each person applying for services from the

hospital or facility or, for a person who is a minor or is

incapacitated, the person's parent, guardian, or legally

authorized representative; and

(2) any person requesting the information.

SECTION 4. The changes in law made by this Act to Chapter

250, Health and Safety Code, apply only to an application for

employment submitted to a mental hospital or mental health facility

licensed under Chapter 577, Health and Safety Code, on or after the

effective date of this Act.

SECTION 5. As soon as practicable after the effective date

of this Act, each mental hospital and mental health facility

licensed under Chapter 577, Health and Safety Code, shall prepare

the written statement of employment policies required by Section

577.0102, Health Safety Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2025.