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AN ACT
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relating to certain convictions barring employment at certain |
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facilities serving the elderly or persons with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 250.006, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(d) to read as follows: |
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(a) A person for whom the facility is entitled to obtain |
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criminal history record information may not be employed in a |
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facility if the person has been convicted of an offense listed in |
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this subsection: |
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(1) an offense under Chapter 19, Penal Code (criminal |
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homicide); |
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(2) an offense under Chapter 20, Penal Code |
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(kidnapping and unlawful restraint); |
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(3) an offense under Section 21.11, Penal Code |
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(indecency with a child); |
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(4) an offense under Section 22.011, Penal Code |
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(sexual assault); |
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(5) an offense under Section 22.02, Penal Code |
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(aggravated assault); |
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(6) an offense under Section 22.04, Penal Code (injury |
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to a child, elderly individual, or disabled individual); |
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(7) an offense under Section 22.041, Penal Code |
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(abandoning or endangering child); |
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(8) an offense under Section 22.08, Penal Code (aiding |
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suicide); |
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(9) an offense under Section 25.031, Penal Code |
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(agreement to abduct from custody); |
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(10) an offense under Section 25.08, Penal Code (sale |
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or purchase of a child); |
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(11) an offense under Section 28.02, Penal Code |
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(arson); |
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(12) an offense under Section 29.02, Penal Code |
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(robbery); |
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(13) an offense under Section 29.03, Penal Code |
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(aggravated robbery); [or] |
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(14) an offense under Section 21.08, Penal Code |
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(indecent exposure); |
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(15) an offense under Section 21.12, Penal Code |
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(improper relationship between educator and student); |
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(16) an offense under Section 21.15, Penal Code |
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(improper photography or visual recording); |
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(17) an offense under Section 22.05, Penal Code |
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(deadly conduct); |
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(18) an offense under Section 22.021, Penal Code |
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(aggravated sexual assault); |
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(19) an offense under Section 22.07, Penal Code |
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(terroristic threat); |
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(20) an offense under Section 33.021, Penal Code |
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(online solicitation of a minor); |
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(21) an offense under Section 34.02, Penal Code (money |
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laundering); |
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(22) an offense under Section 35A.02, Penal Code |
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(Medicaid fraud); |
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(23) an offense under Section 42.09, Penal Code |
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(cruelty to animals); or |
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(24) a conviction under the laws of another state, |
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federal law, or the Uniform Code of Military Justice for an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed by this subsection [under Subdivisions
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(1)-(13)]. |
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(b) A person may not be employed in a position the duties of |
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which involve direct contact with a consumer in a facility before |
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the fifth anniversary of the date the person is convicted of: |
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(1) an offense under Section 22.01, Penal Code |
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(assault), that is punishable as a Class A misdemeanor or as a |
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felony; |
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(2) an offense under Section 30.02, Penal Code |
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(burglary); |
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(3) an offense under Chapter 31, Penal Code (theft), |
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that is punishable as a felony; |
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(4) an offense under Section 32.45, Penal Code |
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(misapplication of fiduciary property or property of a financial |
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institution), that is punishable as a Class A misdemeanor or a |
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felony; [or] |
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(5) an offense under Section 32.46, Penal Code |
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(securing execution of a document by deception), that is punishable |
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as a Class A misdemeanor or a felony; |
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(6) an offense under Section 37.12, Penal Code (false |
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identification as peace officer); or |
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(7) an offense under Section 42.01(a)(7), (8), or (9), |
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Penal Code (disorderly conduct). |
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(d) For purposes of this section, a person who is placed on |
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deferred adjudication community supervision for an offense listed |
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in this section, successfully completes the period of deferred |
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adjudication community supervision, and receives a dismissal and |
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discharge in accordance with Section 5(c), Article 42.12, Code of |
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Criminal Procedure, is not considered convicted of the offense for |
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which the person received deferred adjudication community |
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supervision. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 199 passed the Senate on |
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March 15, 2007, by the following vote: Yeas 30, Nays 0; |
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May 21, 2007, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 25, 2007, House |
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granted request of the Senate; May 27, 2007, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 199 passed the House, with |
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amendments, on May 16, 2007, by the following vote: Yeas 147, |
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Nays 0, one present not voting; May 25, 2007, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 27, 2007, House adopted Conference Committee Report by the |
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following vote: Yeas 145, Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |