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89(R) HB 3153 - Enrolled version - Bill Text
H.B. No. 3153
AN ACT
relating to hiring and employment requirements for persons in
direct contact with children at certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 9, Health and Safety Code, is
amended by adding Chapter 811 to read as follows:
CHAPTER 811. EMPLOYMENT REQUIREMENTS FOR CERTAIN FACILITIES TO
PREVENT PHYSICAL OR SEXUAL ABUSE OF CHILDREN
Sec. 811.001. DEFINITIONS. In this chapter:
(1)
"Commission" means the Health and Human Services
Commission.
(2)
"Department" means the Texas Juvenile Justice
Department.
(3) "Facility" means:
(A)
a residential treatment facility or group
home licensed or otherwise regulated by the commission;
(B)
a juvenile detention facility regulated by
the department; or
(C)
a shelter operated by or under the authority
of a county or municipality that provides temporary living
accommodations for individuals who are homeless.
Sec.
811.002.
APPLICABILITY. This chapter applies only to
the following governmental entities:
(1) the commission;
(2) the department;
(3) a county; and
(4) a municipality.
Sec.
811.003.
REQUIRED CRIMINAL HISTORY RECORD INFORMATION
REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to
which this chapter applies shall ensure each facility the entity
regulates or operates reviews state criminal history record
information and conducts an employment verification for each
person:
(1) who is:
(A)
an applicant selected for employment with the
facility;
(B) an employee of the facility;
(C)
an applicant selected for a volunteer
position with the facility;
(D) a volunteer with the facility;
(E)
an applicant selected for an independent
contractor position with the facility; or
(F)
an independent contractor of the facility;
and
(2)
who may be placed in direct contact with a child
receiving services at the facility.
(b)
For purposes of Subsection (a)(2), a person may be
placed in direct contact with a child if the person's position
potentially requires the person to:
(1) provide care, supervision, or guidance to a child;
(2) exercise any form of control over a child; or
(3) routinely interact with a child.
(c)
In conducting an employment verification under
Subsection (a), the facility must, to the extent possible, contact
the previous employers listed in the submitted application
materials for each applicant.
(d)
Each facility shall obtain electronic updates from the
Department of Public Safety of arrests and convictions for each
person:
(1)
described by Subsection (a)(1)(B), (D), or (F);
and
(2)
who continues as an employee, volunteer, or
independent contractor or who otherwise continues to be placed in
direct contact with a child at the facility.
(e)
A facility that submits a name for a background and
criminal history check in accordance with Section 42.056, Human
Resources Code, and rules adopted under that section for each
person
described by Subsection (a) is considered to be in
compliance with the requirements of this section.
(f)
The executive commissioner of the commission may adopt
rules as necessary to implement this section, including rules on
existing employment verification procedures for residential
treatment facilities that satisfy the requirements of this section.
Sec.
811.004.
EFFECT OF CERTAIN CRIMINAL CONVICTIONS. (a)
A facility may not offer a person an employment, volunteer, or
independent contractor position and must terminate the person's
position if, based on a criminal history record information review,
an employment verification, or a background and criminal history
check conducted in accordance with Section 42.056, Human Resources
Code, of that person, the facility discovers the person engaged in
physical or sexual abuse of a child constituting an offense under
Section 21.02, 22.011, 22.021, or 25.02, Penal Code.
(b)
A separation agreement for a facility employee,
volunteer, or independent contractor may not include a provision
that prohibits disclosure to a prospective employer of conduct
constituting an offense under Section 21.02, 22.011, 22.021, or
25.02, Penal Code.
Sec.
811.005.
TRAINING REQUIREMENTS. A facility must
provide training to each employee, volunteer, or independent
contractor who may be placed in direct contact with a child. The
training must include:
(1)
recognition of the signs of physical and sexual
abuse and reporting requirements for suspected physical and sexual
abuse;
(2)
the facility's policies related to reporting of
physical and sexual abuse; and
(3)
methods for maintaining professional and
appropriate relationships with children.
SECTION 2. Section 811.004(b), Health and Safety Code, as
added by this Act, applies only to an agreement entered into on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 3153 was passed by the House on May
14, 2025, by the following vote: Yeas 135, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3153 on May 28, 2025, by the following vote: Yeas 137, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3153 was passed by the Senate, with
amendments, on May 23, 2025, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor