Relating to hiring and employment requirements for persons in direct contact with children at certain facilities, the official 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