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AN ACT
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relating to criminal history checks for employees of, and |
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applicants for employment at, special care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 250, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 250. NURSE AIDE REGISTRY AND CRIMINAL HISTORY CHECKS OF |
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EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES |
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SERVING THE ELDERLY, [OR] PERSONS WITH DISABILITIES, OR PERSONS |
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WITH TERMINAL ILLNESSES |
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SECTION 2. Section 250.001(3), Health and Safety Code, is |
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amended to read as follows: |
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(3) "Facility" means: |
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(A) a nursing home, custodial care home, or other |
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institution licensed by the [Texas] Department of Aging and |
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Disability [Human] Services under Chapter 242; |
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(B) an assisted living facility licensed by the |
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[Texas] Department of Aging and Disability [Human] Services under |
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Chapter 247; |
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(C) a home and community support services agency |
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licensed under Chapter 142; |
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(D) an adult day care facility licensed by the |
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[Texas] Department of Aging and Disability [Human] Services under |
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Chapter 103, Human Resources Code; |
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(E) a facility for persons with mental |
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retardation licensed under Chapter 252; |
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(F) an adult foster care provider that contracts |
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with the [Texas] Department of Aging and Disability [Human] |
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Services; |
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(G) a facility that provides mental health |
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services and that is operated by or contracts with the [Texas] |
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Department of State [Mental] Health Services [and Mental
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Retardation]; |
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(H) a local mental health or mental retardation |
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authority designated under Section 533.035; [or] |
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(I) a person exempt from licensing under Section |
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142.003(a)(19); or |
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(J) a special care facility licensed by the |
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Department of State Health Services under Chapter 248. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3737 was passed by the House on May 6, |
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2009, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3737 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3737 on May 31, 2009, by the following vote: Yeas 142, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3737 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3737 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |