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A BILL TO BE ENTITLED
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AN ACT
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relating to hiring and employment requirements for persons in |
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direct contact with children at certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 9, Health and Safety Code, is amended by |
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adding Subtitle D to read as follows: |
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SUBTITLE D. CHILD SAFETY |
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CHAPTER 810. EMPLOYMENT REQUIREMENTS FOR CERTAIN FACILITIES TO |
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PREVENT PHYSICAL OR SEXUAL ABUSE OF CHILDREN |
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Sec. 810.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Department" means the Texas Juvenile Justice |
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Department. |
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(3) "Facility" means: |
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(A) a residential treatment facility or group |
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home licensed or otherwise regulated by the commission; |
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(B) a juvenile detention facility regulated by |
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the department; or |
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(C) a shelter operated by or under the authority |
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of a county or municipality that provides temporary living |
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accommodations for individuals who are homeless. |
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Sec. 810.002. APPLICABILITY. This chapter applies only to |
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the following governmental entities: |
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(1) the commission; |
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(2) the department; |
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(3) a county; and |
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(4) a municipality. |
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Sec. 810.003. REQUIRED CRIMINAL HISTORY RECORD INFORMATION |
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REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to |
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which this chapter applies shall ensure that each facility the |
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entity regulates or operates reviews state and federal criminal |
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history record information and conducts an employment verification |
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for each person: |
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(1) who is: |
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(A) an applicant for employment with the |
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facility; |
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(B) an employee of the facility; |
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(C) a volunteer with the facility; |
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(D) an applicant for a volunteer position with |
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the facility; |
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(E) an applicant for an independent contractor |
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position with the facility; or |
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(F) an independent contractor of the facility; |
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and |
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(2) who may be placed in direct contact with a child |
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receiving services at the facility. |
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(b) For purposes of Subsection (a)(2), a person may be |
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placed in direct contact with a child if the person's position might |
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potentially require the person to: |
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(1) provide care, supervision, or guidance to a child; |
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(2) exercise any form of control over a child; or |
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(3) have routine interactions with a child. |
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(c) In conducting an employment verification under |
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Subsection (a), the facility must at a minimum contact the previous |
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employers listed in the submitted application materials for each |
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applicant. |
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(d) Each facility shall obtain electronic updates from the |
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Department of Public Safety of arrests and convictions for each |
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person: |
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(1) described by Subsection (a)(1)(B), (C), or (F); |
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and |
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(2) who continues as an employee, volunteer, or |
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independent contractor or who otherwise continues to have direct |
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contact with a child at the facility. |
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Sec. 810.004. EFFECT OF CERTAIN CRIMINAL CONVICTIONS OR |
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CHILD ABUSE ALLEGATIONS. (a) A facility may not offer a person an |
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employment, volunteer, or independent contractor position and must |
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terminate the person's position if, based on a criminal history |
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record information review or an employment verification of that |
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person, the facility discovers the person: |
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(1) engaged in physical or sexual abuse of a child |
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constituting an offense under Section 21.02, 22.011, 22.021, or |
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25.02, Penal Code; or |
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(2) was terminated from a previous position based on |
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allegations of having engaged in conduct described by Subdivision |
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(1). |
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(b) A separation agreement for a facility employee, |
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volunteer, or independent contractor may not include a provision |
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that prohibits disclosure to a prospective employer of an |
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allegation of conduct constituting an offense under Section 21.02, |
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22.011, 22.021, or 25.02, Penal Code. |
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Sec. 810.005. TRAINING REQUIREMENTS. A facility must |
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provide training to each employee, volunteer, or independent |
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contractor who may be placed in direct contact with a child. The |
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training must include: |
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(1) recognition of the signs of physical and sexual |
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abuse and reporting requirements for suspected physical and sexual |
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abuse; |
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(2) the facility's policies related to reporting of |
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physical and sexual abuse; and |
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(3) methods for maintaining professional and |
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appropriate relationships with children. |
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SECTION 2. Section 810.004(b), Health and Safety Code, as |
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added by this Act, applies only to an agreement entered into on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |