HB3585 - 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.

  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.