88R14178 JG-D     By: Thierry H.B. No. 3872       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.  Title 9, Health and Safety Code, is amended by   adding Subtitle D to read as follows:   SUBTITLE D. CHILD SAFETY   CHAPTER 810. EMPLOYMENT REQUIREMENTS FOR CERTAIN FACILITIES TO   PREVENT PHYSICAL OR SEXUAL ABUSE OF CHILDREN          Sec. 810.001.  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. 810.002.  APPLICABILITY. This chapter applies only to   the following governmental entities:                (1)  the commission;                (2)  the department;                (3)  a county; and                (4)  a municipality.          Sec. 810.003.  REQUIRED CRIMINAL HISTORY RECORD INFORMATION   REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to   which this chapter applies shall ensure that each facility the   entity regulates or operates reviews state and federal criminal   history record information and conducts an employment verification   for each person:                (1)  who is:                      (A)  an applicant for employment with the   facility;                      (B)  an employee of the facility;                      (C)  a volunteer with the facility;                      (D)  an applicant for a volunteer position with   the facility;                      (E)  an applicant 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 might   potentially require the person to:                (1)  provide care, supervision, or guidance to a child;                (2)  exercise any form of control over a child; or                (3)  have routine interactions with a child.          (c)  In conducting an employment verification under   Subsection (a), the facility must at a minimum 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), (C), or (F);   and                (2)  who continues as an employee, volunteer, or   independent contractor or who otherwise continues to have direct   contact with a child at the facility.          Sec. 810.004.  EFFECT OF CERTAIN CRIMINAL CONVICTIONS OR   CHILD ABUSE ALLEGATIONS. (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 or an employment verification of that   person, the facility discovers the person:                (1)  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; or                (2)  was terminated from a previous position based on   allegations of having engaged in conduct described by Subdivision   (1).          (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 an   allegation of conduct constituting an offense under Section 21.02,   22.011, 22.021, or 25.02, Penal Code.          Sec. 810.005.  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 810.004(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, 2023.