By: Kerwin, et al. (Senate Sponsor - Kolkhorst) H.B. No. 3153          (In the Senate - Received from the House May 14, 2025;   May 15, 2025, read first time and referred to Committee on Health &   Human Services; May 22, 2025, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 0;   May 22, 2025, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 3153 By:  Hancock     A BILL TO BE ENTITLED   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.     * * * * *