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

Contracts

• Separation Agreements: You must immediately revise severance and settlement templates. Sec. 811.004(b) voids any provision prohibiting the disclosure of factual information regarding conduct that constitutes physical or sexual abuse. Enforcing such a clause is now a violation of state law.
• Vendor MSAs: Independent contractors (therapists, tutors, maintenance) are subject to the same screening as employees. Amend Master Service Agreements to require vendors to certify HB3153 compliance or indemnify your facility for their failure to screen.

Hiring/Training

• Manual Verification: Database checks are no longer sufficient. You must implement a manual workflow to contact previous employers listed on applications for all roles with direct child contact.
• Retroactive Screening: The law applies to those who "continue as an employee." You must re-screen your entire current workforce, regardless of tenure.
• Mandatory Disqualification: Establish an automatic rejection/termination protocol for any individual with a conviction under Penal Code 21.02, 22.011, 22.021, or 25.02.

Reporting & Record-Keeping

• Verification Logs: Maintain a specific log detailing dates, times, and outcomes of attempts to contact previous employers to satisfy the "to the extent possible" standard.
• Rap Back Enrollment: You must provide proof of subscription to the DPS electronic update system for continuous monitoring of arrests for all active personnel.
• Training Rosters: Maintain signed acknowledgments for mandatory abuse recognition and reporting training (Sec. 811.005).

Fees & Costs

• Background Check Fees: Budget for increased DPS/FBI fingerprinting fees for the retroactive screening of the existing workforce.
• Administrative Burden: Expect significant increases in HR hours dedicated to manual employer verification calls and documentation.